The Paris Court of Appeal narrows the scope for procedural challenges to a decision of the National Competition Authority (Canal 9/Les Indépendants)

On 1 June 2010, the Paris Court of Appeal (Court of Appeal) handed down a judgment upholding the decision of the Conseil de la Concurrence (now the Autorité de la Concurrence) in the long running case La Société Canal 9 S.A.S. v Le G.I.E. Les Indépendants. The Court found that the failure of the Conseil de la Concurrence (Conseil) to provide the parties with access to certain documents submitted to it by a third party did not violate the interests of the parties. Moreover, the Court set a stringent test for quashing a decision of the Conseil for failure to give effect to parties' procedural rights. The Court determined that parties' interests are only violated where the complaining party can demonstrate that the Conseil would have reached a different decision had the Conseil complied with

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  • University College London

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Emily Austin, The Paris Court of Appeal narrows the scope for procedural challenges to a decision of the National Competition Authority (Canal 9/Les Indépendants), 1 June 2010, e-Competitions Bulletin Access to file, Art. N° 32189

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