Linklaters obtained the annulment in favour of Air France of an infringement decision from the Swiss Competition Commission

Linklaters and the Swiss law firm RVMH advised Air France in an appeal to the Swiss Federal Administrative Court, which led to the annulment of an infringement decision from the Competition Commission (the “ComCo”). The decision concerned an alleged cartel among competitors in the air cargo carrier sector.

On December 2, 2013, the ComCo imposed on Air France, jointly and severally with Air France-KLM and KLM, a fine of approximately 3.9 million euros for these practices. The ComCo imposed sanctions on eleven airlines in total.

On November 16, 2022, in a judgement published on December 20, 2022, Air France obtained the annulment of the fine. The Federal Administrative Court accepted Air France's arguments, particularly regarding the lack of jurisdiction for certain practices. It annulled in full, for only three airlines including Air France, the decision of the ComCo.

Air France was represented by the Antitrust and Foreign Investments team of Linklaters, as well as by the Swiss law firm RVMH. The Linklaters team was led from Paris by partner Anne Wachsmann, counsel Matthieu Blayney, and associate Anne-Elisabeth Herrada, and for RVMH by partner Albert Righini and senior associate François Rod.