French courts have assessed (at least) 31 damages claims based on abuses of a dominant position. These cases represent in total 79 judgments, 15 of which were handed down by the French Supreme Court (“Cour de cassation”).

As shown by this research, damages claims based on abuses of a dominant position differ from cartel damages claims in many respects. In particular, damages are typically more numerous, more diverse, and more difficult to quantify sometimes. In order to assess such damages, courts have used methods derived from traditional tort cases.

Professor Suzanne Carval et our consultant Jean-François Laborde have written an article on this research: “Compensation for damages caused by abuses of a dominant position”. This article was published by Concurrences Review,, n° 1-2018 art. 84884 (in French). It can also be downloaded here.