Latham Secures Major Victory for Ingram Micro Against eBizcuss in Damages Claim

Latham & Watkins has won a major victory on behalf of client Ingram Micro, a US distributor of IT products and services, in a decision handed down on November 25, 2024, by the Paris Commercial Court. The court rejected the request by eBizcuss, a French Apple Premium Reseller, for a joint and several order against Apple and its two wholesalers, Ingram Micro and Tech Data, to pay damages of €94.9 million.

eBizcuss accused Apple, Ingram Micro, and Tech Data of engaging in customer allocation practices. eBizcuss claimed these alleged practices were the primary cause of its severe financial troubles, culminating in its receivership in 2012.

The Paris commercial court found that the alleged anti-competitive practices did not directly and definitively cause the harm alleged by eBizcuss. The court took the view that eBizcuss' situation was already irremediably compromised at the time of the alleged practices.

The Latham team was led by Paris partner Adrien Giraud, with associates Anne-Claire Théry and Julia Malaussène.