Fidal (Paris)

Frédéric Puel

Fidal (Paris)
Lawyer (Partner)

Frédéric Puel, avocat registered at the Hauts de Seine and Brussels Bars (Member of the board of the Brussels Bar), is specialized in EC and French competition law. He is a partner in the leading French law firm FIDAL since 1999 and leads the EU and French competition law team. In charge of the Brussels office, he is half-time in Paris. He advises companies regarding antitrust issues (assistance during competition inquiries, proceedings before the European Commission and Court of First Instance, DGCCRF and Conseil de la concurrence, competition audits and staff trainings), merger control or State aids. He also advises companies regarding distribution law. He has experiences in various sectors, in particular, in the temporary work industry, B2B market places, plastic industry, automotive, insurance and banking, pharmaceutical industry, wood industry ...). From 1993 to 1999, he was the head of the lobby of the French Bars in Brussels (Delegation des Barreaux de France) where he acquired a strong experience of the relationship with the EU Institutions. He is also a speaker in various seminars in competition law (European Competition Forum (Brussels), ESSEC, Development Institute International, Chamber of commerce, professionals associations ...) and has written articles in different newspapers (Les Echos, Option Finance, The European Lawyer, L’Echo).

Linked author

Fidal (Lille)

Articles

28254 Review

Frédéric Puel Anticompetitive agreements : The French Supreme Court confirms the consolidation of the legal security of the operations of visit and seized regarding anticompetitive practices (Dalkia, Rapides du Val-de-Loire, Cars Dunois)

202

Cass. crim. 27 February 2013, Dalkia, appeal No. 11-82-446; Les Rapides du Val-de-Loire, appeal No. 11-88.471; Cars Dunois, appeal No. 11-88.470; Dalkia, appeal No. 11-82.447 Four rulings handed down by the Criminal Division of the Court of Cassation on 27 February 2013 confirm the legal (...)

Frédéric Puel Procedure: The Court of cassation specifies that the administration that conducts home visits is not required to prove the practices that it is trying to demonstrate (Sogest)

79

The Court of Cassation censured the order of a first president of the Court of Appeal which had quashed the order of a JLD authorising operations of visits and seizures in a company on the grounds that the Administration, which justified its inspection by complaints from competitors denouncing (...)

Frédéric Puel Anticompetitive practices: The Court of Justice judges that the claim filed by the European Commission for damages suffered by an European institution caused by anticompetitve practices is in accordance with the right to a fair trial (Europrese Gemeenschap/Otis)

101

The European Commission had brought an action before a Belgian commercial court to obtain compensation, on behalf of the EU, for damage suffered by the European institutions as a result of anti-competitive practices in the lift sector. The court had then questioned the CJEU on a possible (...)

Frédéric Puel Electronic files seizures: The Paris Court of Appeal approves a house search in France that had permitted to seize electronic files on foreign server (Google/Directeur général des Finances publiques)

142

CA Paris, August 31, 2012, Google v/ Director General of Public Finance, RG n° 11/13233 One company contested the home visits ordered by the JLD on the basis of Article 16B of the Book of Tax Proceedings on the grounds that "the documents seized [had] been taken from places outside the premises (...)

Frédéric Puel Procedure: The European Court of Human Rights rejects the application filed by an operator against the proceedings leading to his conviction for participation in a cartel (Bouygues telecom/France)

117

ECHR, 05.04.2012, Bouygues télécom v. France, n° 2324/08 The European Court of Human Rights has rejected as "manifestly ill-founded" the application by a telephone operator to have the proceedings that led to its conviction in 2005 for participation in a cartel in the mobile telephone market (...)

Frédéric Puel Fair evidence: The Paris Court of Appeal cancels the extracts of a decision of the French Competition Authority referring to a phone conversation recorded without the knowledge of its author on the grounds that it constitues an unfair evidence (Philips France)

140

CA Paris, 16.02.2012, Philips France, n° 2011/00951 In support of a referral to the Competition Authority, a company had submitted several audio recordings of conversations made without the knowledge of representatives of the various suppliers it suspected of a cartel. On two occasions, (...)

Frédéric Puel Search and seizure operations : The French Supreme Court and Metz Court of Appeal indicate the statute of the French Competition Auhtority before the courts and the conditions of the decree authorizing the search and seizure operations ("Ciseau tarifaire dans la téléphonie mobile" ; Coved ; Cemex Bétons)

195

Cass. com, 17 January 2012, "Tariff margin squeeze in mobile telephony" case, Appeal No 11-13.067 CA Metz, order, 25 November 2011, Coved, RG n° 10/04248 Cass. com, 14 February 2012, Cemex Bétons, appeals no. 11-11.750 and 11-13.130, According to the Court of Cassation, "the obligation of (...)

Send a message