The 5 news of the week – 11 September 2023

Digital markets
Under the Digital Market Act (DMA) Regulation (Reg. No 2022/1925 of 14 September 2022), the European Commission has designated six gatekeepers – Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft – to which it has given six months to comply with all the DMA obligations, in particular that of informing the Commission of any planned merger, for each of the core platform services it has identified, including TikTok, Instagram, Meta, Whatsapp, Googlemaps, Amazon Marketplace, iOS etc…
Press release IP/23/4328 of 6 September. 2023

Fines
As the fine imposed on a parent company by virtue of its decisive influence over its subsidiary is not a simple guarantee of payment when, because of that influence, it has participated in the anticompetitive practice at issue, a higher fine may be imposed than that imposed on its subsidiary if, unlike the latter, it is not eligible for the leniency procedure.
Cass. com., 6 September2023, LawLex202300011171JBJ

Warranty against latent defects
The two-year period provided for in Article 1648, paragraph 1 of the Civil Code for bringing an action for warranty against latent defects is not a délai de forclusion (i.e. limiting the period of the right to sue) but a limitation period, subject to interruption in application of Article 2239.
Cass. mixte, 21 July 2023, LawLex202300010618JBJ

A direct action for warranty against latent defects brought by a non-professional sub-purchaser against the manufacturer less than twenty years after his right arose, which in this case corresponds to the date of the sale by the party seeking to enforce the warranty, is admissible.
Cass. mixte, 21 July 2023, LawLex202300010602JBJ

An action for warranty against latent defects must be brought within two years of the discovery of the defect, and in the case of a recourse action, from the date of the summons, without exceeding the 20-year cut-off point from the date on which the right arose, which in this case is the date of the sale by the party seeking to enforce the warranty.
Cass. mixte, 21 July 2023, LawLex202300010609JBJ