Ashurst (Paris)

Chantal Momège

Ashurst (Paris)

Chantal Momège is a retired partner of Ashurst and headed the EU and competition department in Paris.

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Ashurst (London)
Ashurst (Milan)
Ashurst (Jakarta)
University of Paris I Panthéon-Sorbonne
Ashurst (Brussels)


251962 Review

Chantal Momège Commitments: The European Commission and the French Competition Authority accept new commitments and examines others (Téléphériques de la Grande Motte ; Apple ; Orange ; Photomaton ; Rambus ; Microsoft ; E.ON)


See IP/09/1872 and MEMO/09/536 of 3 December 2009, Abuse of a dominant position: Commission accepts commitments offered by GDF Suez to boost competition in the French gas market, GDF foreclosure, Case COMP/39.316, commitments published on DG Competition website European Commission, IP/09/1897 (...)

Chantal Momège Validity of investigations: The Paris Court of Appeal confirms the validity of investigations ordered by the French Competition Authority and carried out by the OFT (Chevron Products Company ; Shell ; Esso SADF ; Chevron Global Aviation ; Total Outre-Mer ; Total Réunion)


CA Paris, ch. 5-7, 24 November 2009, Chevron Products Company and others.v. Cons. conc. 08-D-30 of 4 December 2008 relating to practices implemented by the oil companies Shell, Esso SADF, Chevron Global Aviation, [ Total Outre-Mer [auto]Total Outre-Mer ] and Total Réunion Alleging an (...)

Chantal Momège Ambiguity of an order: The Paris Court of Appeal confirms ambiguity of an order of publication and changes the wording (Shell ; Esso SADF ; Chevron Global Aviation ; Total Outre-Mer ; Total Réunion)


CA Paris, ch. 5-7, 24 November 2009, Chevron Products Company and others.v. Council, Dec. No. 08-D-30 of 4 December 2008 relating to practices implemented by the oil companies Shell, Esso SADF, Chevron Global Aviation, Total Outre-Mer [auto] Total Outre-Mer and Total Réunion In the same (...)

Chantal Momège Excessive duration of procedure: The Paris Court of Appeal annuls the "Perfumes" decision on the basis of excessive duration of procedure (Beauté Prestige International)


CA Paris, ch. 5-7, 10 November 2009, Beauté Prestige International, S.A. and others. and others, v. Cons. conc. 06-D-04 of March 13, 2006, luxury perfumery sector On referral after cassation, the Paris Court of Appeal overturned the so-called "Luxury Perfumes" decision of March 13, 2006 (...)

Chantal Momège Communication of criminal file: The Court of Cassation rules on communication of criminal file (SCGPM ; Lycées d’Ile-de-France ; Colas Ile-de-France Normandie ; Logiciel Drapo)


Cass. com, 13 October 2009, Spie et Spie SCGPM, n° 08-18224, aff. Lycées d’Ile-de-France Cass. com, October 13, 2009, Colas Ile-de-France Normandie e.a., No. 08-17.269 e.a., aff. Drapo Software The so-called "Lycées d’Ile-de-France" case and the "Drapo" case involving public works in the (...)

Chantal Momège Ratification of Ord. of 13th of Nov. 2008 : The Legislator ratifies the Ordinance of the 13th of November 2008, modifying article L.450-4 on inspections and article L. 461-4 on the qualities of the hearing officer


Law No. 2009-526 of 12 May 2009 to simplify and clarify the law and streamline procedures - JORF 13 May 2009 The legislator ratifies the order of 13 November 2008, modifies article L. 450-4 on heavy investigations and article L. 461-4 on the qualities of the audit advisor (Law No. 2009-526 (...)

Chantal Momège Evidence - Rights of Defence: The Paris Court of Appeal causes a new bounce in the sounds recording case carried out without the knowledge of the author and used by the French NCA as evidence of an anti-competitive practice (Sony, Philips)


CA Paris, 1st ch. H, 29 April 2009, Sony, Philips and others.on remand after cassation, against Cons. conc. 05-D-66 of December 5, 2005, Consumer Electronics Products Sector This decision marks a form of resistance by the Court of Appeal which has already been welcomed by the first (...)

Chantal Momège Recours incident: The Paris Court of Appeal brings some useful precisions on the scope of the cross-appeal by the Minister related to sanctions’ aggravation (ELA Medical - Medtronic France)


CA Paris, 1st ch. H, 8 April 2009, ELA Medical SAS and others.against Cons. conc., Dec. no. 07-D-49 of 19 December 2007, supply of cardiac defibrillators to hospitals We remember the case in which the Board sanctioned five manufacturers of cardiac defibrillators who were suspected of having (...)

Chantal Momège Referral proceedings after cassation: The Court of Cassation rules that the referral proceedings after cassation is governed by the Code of civil procedure (Cemex France gestion et Unibéton ; SFR et France Télécom


Cass. com, March 3, 2009, Société Cemex France gestion and Société Unibéton, n° 08-13.767 and 08-14.346, "ready-mixed concrete in the Provence-Alpes-Côte-d’Azur region". Cass. com, March 3, 2009, SFR and France Telecom, No. 08-14.435 and 08-14.464, "fixed-to-mobile telephony for businesses". (...)

Chantal Momège Statement of objections: The French Competition Council issues three decisions underlining the fact that inaccuracy of the objections remains a concern for the undertakings (SNCF - Expedia ; School transport ; Temporary work)


Conc. conc. dec. no. 09-D-06 of February 5, 2009 concerning practices implemented by the SNCF and Expedia Inc. in the online travel sales industry Cons. conc. dec. no. 09-D-03 of 21 January 2009 relating to practices implemented in the school and interurban bus transport sector in the (...)

Chantal Momège Stay of proceedings: The Paris Court of Appeal orders the suspension of fines imposed on two undertakings by the French Competition Council in the plywood manufacturers case (Plysorol)


As we know, appeals against Council decisions are not suspensive. However, the First President of the Paris Court of Appeal may, on the basis of Article L. 464-8 of the Commercial Code, order that the execution of the decision be suspended, in particular if it is likely to entail "manifestly (...)

Chantal Momège Communication of documents: The Court of Cassation marks the end of the public procurement contracts in the Ile-de-France area saga (Le Foll TP, Gagneraud Construction, Colas)


Cass. com, January 15, 2008, Le Foll TP, Gagneraud construction and Colas Ile-de-France Normandie, n° 07-11.677, 07-12.132 and 07-12.357 The Court of Cassation has just handed down an important ruling. Not only does it put an end to a dispute that arose in 1994, but it also settles a number (...)

Chantal Momège Day to day procedure before the NCA: The French Competition Council issues the first results of its consultation with the lawyers of the French Competition Study association


We will take advantage of this column to report on the very fruitful and open exchanges that have taken place in recent months between the Competition Council and representatives of lawyers practicing competition law on the one hand, and between the Council and the members of the Executive (...)

Chantal Momège Legal privilege: The CFI takes a small step forward (Akzo)


– CFI, 17 September 2007, Akzo Nobel Chemicals Ltd, Akcros Chemicals Ltd v. Commission, joined cases T-125/03 et T-253/03 The Court of First Instance (hereafter the CFI) has rendered a long-awaited and highly-motivated decision concerning the confidentiality of communications between lawyers (...)

Alexandre Carpentier, Chantal Momège Prescription: The French Competition Council holds that after the withdrawal of a complaint, it may nevertheless pursue the procedure without acting on its own initiative (GlaxoSmithKline)


Cons. conc. dec. no. 07-D-09 of 14 March 2007 relating to practices implemented by the GlaxoSmithKline France laboratory The first decision of the Council condemning predatory pricing, the decision relating to practices implemented by GlaxoSmithKline France ("Glaxo") could also mark a (...)

Alexandre Carpentier, Chantal Momège Remedies: The French Competition Council confirms in three new cases the interest for this new procedure (Produits cosmétiques et d’hygiène corporelle ; Exploitation des salles de cinéma ; Distribution des médicaments ; DaimlerChrysler-Fiat-Toyota; Distrigaz)


Conc. conc. dec. no. 07-D-07 of 8 March 2007 relating to practices implemented in the sector of distribution of cosmetic and personal hygiene products Conciliation Council, Procedural Notice of 19 March 2007, Distribution of Medicines Conc. conc. conc. procedural communiqué of 27 December (...)

Alexandre Carpentier, Chantal Momège Leniency: The French Competition Council implements for the first time the procedure of non contestation of the allegations to a leniency application (Elimination des déchets en Seine-Maritime)


Conc. decree no. 07-D-02 of 23 January 2007 relating to practices that have affected the award of public and private contracts in the waste disposal sector in Seine-Maritime This is a rather novel case, partly due to the absence of a leniency programme in France at the time the infringements (...)

Chantal Momège Access to the file/SO: The French Competition Council gives detail on access to the file, statement of objections and loyalty proof principle (Publicité cinématographique)


Conc. conc. dec. 06-D-18 of 28 June 2006 on practices in the film advertising sector Interesting in substance, the decision on the film advertising sector also raises procedural issues that deserve attention. Indeed, the course of the case is unusual, to say the least. In 2001, a company (...)

Chantal Momège Complex cartels: The French Competition Council rules on some recurrent procedureal means (Appareils de chauffage... - Parfumerie de luxe -Travaux publics Île de France - Collèges de l’Hérault)


Conc. conc. dec. 06-D-03 bis of 9 March 2006 on practices implemented in the heating, sanitary, plumbing, air conditioning sector Concordant Consent, Dec. 06-D-04 of March 13, 2006 on practices in the luxury perfumery sector Cons. conc. dec. no. 06-D-07 of 21 March 2006 relating to practices (...)

Chantal Momège Injunctions: The French Courts differentiates between an injunction to publish aimed at third parties and an obligation imposed on cocontractors (France Télécom - SEMUP... - Barreau de Marseille - Monnaie de Paris - Gîtes de France - Parfumerie de luxe - Appareils de chauffage...)


Cass. com, March 14, 2006, France Telecom, n° 05-11.232 CA Paris, 1st ch. H, February 21, 2006, SEMUP, SOPACT, JC Decauxagainst Cons. conc., Dec. n° 05-D-36 of June 30, 2005, Decaux Group CA Paris, 1st ch. H, January 24, 2006, Marseille Bar Association v. Cons. conc., Dec. no. 05-D-37 of 5 (...)

Chantal Momège Antitrust Commitments: 2004-2005 Decisions


The pdf table offers a first review of the commitment procedure in practice, introduced into EC law by Regulation n° 1/2003 and into French law by the Ordinance dated 4 November 2004. Very similar considering the clarifications brought under French law by the Decree dated 27 December 2005, the (...)

Chantal Momège Loyal obtention of the evidence: The French Competition Council rules on the participation of the NCA agents in the investigation and the information of the parties (La Poste - Huiles essentielles)


Cons. conc., Dec. No 05-D-63 of 17 November 2005 relating, on the one hand, to practices implemented by La Poste and some of its subsidiaries in the mail processing sector and, on the other hand, to practices alleged against La Poste and some mail preparation firms in the mail preparation (...)

Chantal Momège Prescription: The French Competition Council and the Court of Cassation shed more light on the prescription regime (ATA, Secteur du transport urbain de voyageurs, Travaux pour le Parlement européen de Strasbourg, CNSD)


Conc. conc. dec. no. 05-D-48 of 28 July 2005 on practices implemented by the company ATA in the taximeter sector Conc. conc. dec. no. 05-D-38 of 5 July 2005 on practices implemented in the urban passenger transport market Conc. conc. Dec. 05-D-51 of 21 September 2005 on practices implemented (...)

Chantal Momège Imputability: The French Competition Council restates the case law on imputability of the infringement in case of merger (Usine d’incinération d’Issy les Moulineaux - Secteur de la destruction d’armements et de munitions)


Cons. conc., dec. no. 05-D-45 of 22 July 2005, practices implemented when awarding a contract for the renovation of the Issy Les Moulineaux incineration plant Conc. conc. dec. no. 05-D-47 of 28 July 2005, practices implemented in the arms and ammunition destruction sector Questions of (...)

Chantal Momège Prescription: The French Competition Council holds that the appeal against an ordinance authorising inspections is not an action brought only in the private interest of the undertakings concerned, but rather relates to the exercise of the right of defence in a procedure aiming at enforcing the economic public order (Route des Estuaires)


Interruptive effect of appeals against orders authorizing home visits and seizures: An appeal against an order authorizing home visits is not the manifestation of an action in the private interest of companies, but is part of the exercise of the rights of defence in proceedings aimed at (...)

Chantal Momège Competence: The French Competition Council restates the limits of its competence regarding the practices of public bodies (Laboratoire des Ponts et Chaussées de Clermont-Ferrand)


Cons. conc. dec. no. 04-D-52 of November 9, 2004 relating to a referral from the Duplouy engineering firm concerning practices implemented by the Clermont-Ferrand Bridges and Roads Laboratory, attached to the Lyon Technical Studies Centre, and by the Dordogne Departmental Directorate of (...)

Chantal Momège Adaptation of french law: The French legislator adapts the French legislation to the new European framework for the implementation of Articles 81 and 82 EC (Ordinance N°2004-1173, November, 4, 2004)


Order No. 2004-1173 of 4 November 2004 adapting certain provisions of the French Commercial Code to Community competition law The entry into force on 1 May 2004 of Regulation 1/2003 has already required numerous Community implementing texts, regulations or notices (see for a full study, L. (...)

Chantal Momège Application Community law: The Court of Appeal of Paris holds that the Competition Council can apply Community law to practices different from those analysed by the European Commission (SPEA)


CA Paris, 1st ch. H, September 21, 2004, SPEA, versus Dec. No. 03-D-67 of December 23, 2003, Peugeot and GCAP in the automobile distribution sector The Peugeot decision which has just been handed down by the Paris Court of Appeal and which is the subject of an appeal is interesting for more (...)


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