Chantal Momège

CA Paris, ch. 5-7, June 16, 2009, Colas Méditerranée SA on remand after cassation, against Cons. conc. 96-D-65 of 30 October 1996, public works contracts in the Var department It has therefore taken more than twenty years to know the epilogue of the public procurement business in the road (...)

Criminal Code, 20 May 2009, DGCCRF v. Ord. JLD of Nanterre of 17 July 2007, No. 07-86437. The DGCCRF has lodged an appeal with the DGCCRF following an order of the Nanterre liberty and detention judge (JLD) dated 17 July 2007 ordering the return to the Schering-Plough company of all (...)

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 (...)

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 (...)

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 (...)

Concordant Decision of 30 March 2009 adapting the Rules of Procedure of the Competition Authority Aut. conc. decision of 30 March 2009 adopting the Competition Authority’s code of ethics Concordant Act, Decision of 30 March 2009 on the organisation of the Competition Authority No sooner had (...)

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". (...)

Concluding observations, Procedural Notice of 2 March 2009 on the French leniency programme Agreed Procedural Notice of 2 March 2009 on competition commitments The new Authority and its President are not idle, to say the least. On the very day of its creation on 2 March 2009, the Competition (...)

CA Paris (ord.), 1st ch. H, February 18, 2009, Société Pierre Fabre Dermo-Cosmétique SASv. Council, Dec. No. 08-D-25 of 29 October 2008, distribution of cosmetic and personal hygiene products CA Paris (ord.), 1st ch. H, March 4, 2009, Chevron products company and others.v. Council, Dec. No. (...)

V. on the subject of computer seizures, the article by N. Jalabert-Doury published in this N°2-2009, Saisies informatiques : Le régime français à l’épreuve des impératifs de conformité et de cohérence (Computer Seizures: The French Regime to the test of the imperatives of conformity and (...)

Decree no. 2009-139 of February 10, 2009 amending the regulatory part of Book IV of the Commercial Code, JORF of February 11, 2009 Decree No. 2009-140 of February 10, 2009, issued for the application of Article L.464-9 of the French Commercial Code, JORF of February 11, 2009 Decree No. (...)

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 (...)

This first session of the Vertical Restrictions Conference explores the limits of the application of competition law to vertical arrangements and in particular the case law relating to the concept of agreement under Article 81 or other national competition law provisions, the case law on (...)

Prepared by a working group co-chaired by the French Competition Council and the Italian Competition Authority, published in May 2008 on the website of the German and Dutch competition authorities and remained unnoticed until its publication on the Council’s website on 7 October 2008, this (...)

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 (...)

In this case, it is recalled that, in addition to the statute of limitations (see commentary in this column), one of the arguments raised by the parties concerned the scope of the referral to the Competition Council. In the present case, the question was whether the Council, which had taken (...)

In its judgment of June 26, 2007, the Paris Court of Appeal, in the so-called "perfumes" case, confirmed the Council’s position on the three points relating to the statute of limitations. The first two concerned interrupting acts of prescription, the third concerned the scope of prescription. (...)

CA Paris, 1st ch. H, April 8, 2008, Glaxo SmithKline Laboratoryv. Conc. conc., Dec. no. 07-D-09 of 14 March 2007 Without going back over the details of a procedure that will have lasted nearly 8 years, we will only recall the main stages: rejection of protective measures - judicial (...)

The Council’s willingness to express itself through "soft law" texts of general scope, like its European counterparts, is confirmed. As announced in 2007 and confirmed at the beginning of 2008, a second procedural communiqué on commitments was launched, following the one on leniency. The (...)

CA Paris, 1st ch. H, February 5, 2008, Schering-Plough SAv. Conc. conc., Dec. no. 07-MC-06 of December 11, 2007 relating to a request for precautionary measures presented by Arrow Génériques This case is another example of the war between laboratories when generic products are launched. It (...)

CA Paris, 1st ch. H, 29 January 2008, Le Goff Confort and others.v. Council, Dec. No. 06-D-03bis Dated March 9, 2006, Heating appliances, Sanitary ware, Plumbing, Air conditioning It will be remembered that decision of 9 March 2006 under which seventy undertakings and seven trade (...)

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 (...)

Const. conc. dec. no. 07-D-49 of December 19, 2007 relating to practices implemented by Biotronik, Ela Medical, Guidant, Medtronik and Saint Jude Medical in the context of the supply of hospitals with implantable cardiac defibrillators (ICDs). Five companies were accused of having reached an (...)

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 (...)

EC Commission, press release IP/07/1332 of 14 September 2007, the Commission ensures that car manufacturers give independent garages access to information on the repair of their vehicles (DaimlerChrysler, Case COMP/39.140; CA Paris, 1st ch. H, October 16, 2007, Bijouramav. Council, Dec. No. (...)

Conc. decree no. 07-D-29 of 26 September 2007 relating to practices implemented in the context of public electrical installation contracts by the public establishment of the museum and national estate of Versailles. Const. conc. dec. no. 07-D-33 of October 15, 2007 relating to practices (...)

– 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 (...)

Conc. conc. dec. no. 07-D-26 of 26 July 2007 on practices implemented in the context of contracts for the supply of high-voltage cables Const. conc. dec. no. 07-D-33 of October 15, 2007 relating to practices implemented by France Telecom in the broadband Internet access sector Little by (...)

Cons. conc., Procedural Notice of 17 April 2007 revising the French leniency programme In less than four months, and as promised, the Competition Council will have aligned its leniency programme with that of the European Network’s model programme, according to a procedure hitherto unheard of (...)

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 (...)

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 (...)

Cons. conc. dec. no. 07-D-03 of January 24, 2007 relating to practices identified in the luxury perfumery sector by Clarins SA Cons. conc. dec. no. 07-D-08 of 12 March 2007 relating to practices implemented in the cement supply and distribution sector in Corsica Conc. conc. dec. no. 07-D-11 of (...)

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 (...)

EC Commission, Draft Revision of the Community Guidelines on Immunity from Fines and Reduction of Fines in Cartel Cases, Public consultation, 29 September 2006 European Competition Network Model Leniency Programme, 29 September 2006 If Europe is at a standstill, European competition law is (...)

Concordant Consensus, Opinion of 21 September 2006 on the introduction of group action for anti-competitive behaviour This is a surprising opinion that the Competition Council has just adopted and published on private equity. Following the publication on 19 December 2005 of the Commission’s (...)

EC Comm, Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, 28 June 2006 On 28 June 2006, the Commission adopted new Guidelines on the method of setting fines for companies that infringe EU antitrust law. These Guidelines, which amend (...)

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 (...)

EC Commission, Dec. 2006/446/EC of 12 April 2006, Repsol CPP, Case COMP/38.348 EC Commission, Communication Art. 27§4 R. No. 1/2003, Universal International Music BV/MCPS and others (Convention prolonging the Cannes Agreement), Case COMP/38.681.see also DG Competition website Conc. conc. (...)

Intense activity on leniency programmes: as the Commission launches the review of its second 2002 Notice, the Competition Council adopts its first decision and codifies the same day the operative part of the decision on the basis of the Community model. 1. First French leniency decision (...)

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 (...)

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 (...)

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 (...)

Decree No. 2005-1668 of 27 December 2005 amending the Decree No. 2002-689 of 30 April 2002 laying down the conditions for the application of Book IV of the Commercial Code relating to freedom of prices and competition Inspired by Community law (Article 9 of Regulation No. 1/2003), officially (...)

Decree No. 2005-1668 of 27 December 2005 amending the Decree No. 2002-689 of 30 April 2002 laying down the conditions for the application of Book IV of the Commercial Code relating to freedom of prices and competition For a long time, examination of French law and comparison with Community (...)

Cons. conc. dec. no. 05-D-66 of 5 December 2005 relating to the referral of the SARL Avantage against practices implemented in the consumer electronics sector The Board’s recent decision of 5 December 2005, which is also discussed in this review (see "Agreements", supra, note E.), was a (...)

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 (...)

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 (...)

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 (...)

Conc. conc. dec. no. 05-D-36 of June 30, 2005 on compliance by Decaux group companies with the injunctions issued by the Court of Appeal. Decision No. 98-D-52 of 7 July 1998 Litigation on compliance with injunctions is by no means closed (see lastly, this review, No. 2-2005, chron. " (...)

Conc. conc. dec. no. 05-D-16 of 26 April 2005 relating to practices implemented by the Society of Dramatic Authors and Composers (SACD) Conc. conc. dec. no. 05-D-25 of 31 May 2005 relating to practices implemented by Yvert & Tellier on the market for stamp quotation catalogues Conc. conc. (...)

ECJ, 31 May 2005, Synetairismos Farmakopoion Aitolas & Akarnanias (Syfait) a. o. v. Glaxo, case C-53/03 At the time of publication of this review, the Syfait decision will no doubt have been widely commented on (see, among others, in the electronic bulletin of this review, note A. (...)

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 (...)

In these columns, we commented on the first applications in Community law of the commitment procedure in the field of anti-competitive practices (see No 1-2004Concurrences, p. 93). and No. 1-2005 Une nouvelle procédure : Vers une résolution négociée des problèmes de concurrencepp. 9 and 104 (...)

CFI, 26 January 2005, Piau v. Commission, Case T-193/02 Reference is made to the judgment of the CFI in the FIFA case (26 January 2005, Case T-193/02). Interesting in other respects, this judgment also raises the question of appeals against commitment decisions. In this case, two (...)

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 (...)

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. (...)

EC Comm, 21 October 2004, Communication relating to the revision of the 1997 notice on the internal rules of procedure for processing requests for access to the file Attention is drawn to the publication in the OJEU on 21 October 2004 of the draft Notice on the right of access to the file in (...)

C. cass. 1st civil, 29 September 2004, SNPIET v. EDF, n° 02-18335 The SNPIET c/EDF ruling of the Court of Cassation of 29 September 2004 illustrates the difficulties arising from the rules governing the division of jurisdiction between the administrative and judicial courts. In the present (...)

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 (...)

EC Comm. notice art. 27(4) R. No. 1/2003, 14 September 2004, Joint selling of the media rights to the German Bundesliga, case COMP/C.2/37.214. EC Commission, notice art. 27(4) R. n° 1/2003, 20 October 2004, Repsol CPP SA, case COMP/38.348 The first two cases of application of Article 9 of (...)

Cass. com, July 12, 2004, Compagnie Générale des Eaux and Lyonnaise des Eaux, n° 03-12409 It will be remembered that this case caused quite a stir when the Competition Council adopted, in the summer of 2002, a decision requesting the Minister in charge of the economy to enjoin the companies (...)