Compensation of competitive harm due to the eviction from the market by the dominant operator
Economic law
Our team specialized in Economic Law obtained that EDF was sentenced by the Commercial Court of Paris to pay 3.2 million euros, provisionally enforceable, in compensation of damage caused by the violation of procurement process in the energy sector by the historical operator.
Who
A company specialized in the treatment of radioactive waste.
What
First, EDF supported our client’s offer to take over one of EDF sub-contractor, put under compulsory liquidation, in charge of the treatment of waste.
Then, EDF refused to qualify our client for new calls for tenders.
The incumbent argued that our client did not offer the necessary quality and technical guarantees to meet security requirements.
How
The Commercial Court of Paris has been convinced that EDF did not observe procedures set forth by article 49 3° of the directive 2004/07/EC coordinating the procurement procedures of entities operating in the energy sector.
The Court upheld that inconsistencies led to the eviction of the potential sub-contractor regardless of competence.
In terms of compensation of anticompetitive practice, the challenge laid in proving damage caused.
Part of the loss the Court acknowledged and sentenced EDF to compensate was the loss of opportunity to treat waste on the oncoming businesses.
EDF lodged an appeal against this judgment but, to the best of our knowledge, this was the first conviction of a dominant operator in France because of a violation of competition rules in procurement processes.
Business cases
- External growth by the acquirement of share capital
- Revocation of a chairman without “due cause”
- Territorial jurisdiction for a measure of inquiry in futurum concerning a competition matter
- Compensation of competitive harm due to the eviction from the market by the dominant operator
- Prosecution dismissal before the “Conseil de la Concurrence”