In its judgement of 2 April 2025 (Case No. RG 23/05696), the Paris Court of Appeal held that EMMA was liable to pay TEDIBER compensation of 2 million euros for the financial loss it had suffered as a result of unfair commercial practices relating to the implementation of an unlawful promotional policy.
Sorgem Evaluation assisted TEDIBER in quantifying its loss, in particular by reconstructing the situation TEDIBER would have been in had the disputed practices not taken place, based on an analysis of its conversion rate (the proportion of website visitors who become customers and make a purchase).
The Court of Appeal noted that the existence of loss—even if only non-pecuniary—must necessarily be inferred from an act of unfair competition.
The judgement held that the misleading commercial practices employed by EMMA were intended to unduly attract customers and thus gain market share, and that the damage is all the more real given that, in the context of online commerce, price – and therefore promotions – are of fundamental importance, given that consumers make their choice from a limited number of products, amongst which a flagship product is generally highlighted, and do not test the products before purchasing them.
The Court concludes that, as the price of products and any promotions are decisive factors in the consumer’s purchase, the damage resulting from EMMA’s practices amounts to a loss of profit rather than a loss of opportunity for TEDIBER.
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