Valérie Michel-Amsellem

Paris Court of Appeal
Civil Servant

Valérie Michel-Amsellem is a Chamber President within the Paris Court of Appeals. Previously, she had been Referendaire to the Court of Cassation and Deputy General Rapporteur to the French Competition Council. Valérie was a co-author of the Procedures Chronicles in Concurrences Review.

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159849 Review

Dominique Thesmar, Gilbert Parleani, Jean-Bertrand Drummen, Jean-Louis Fourgoux, Laurence Idot, Martine Behar-Touchais, Muriel Chagny, Valérie Michel Amsellem, Yann Utzschneider Colloque: Restrictive trade practices under the LME Act (AFEC, Paris, 6th October 2008)


Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences Madam President, Ladies and Gentlemen, Dear friends, As the afternoon is busy, I will not go into the substance of the colloquium, but on behalf of AFEC (...)

Alain Ronzano, Christophe Lemaire, Laurence Idot, Nicolas Charbit, Robert Saint-Esteben, Valérie Michel Amsellem Laurence Idot (University Paris II Panthéon-Assas) - Valérie Michel-Amsellem (French Civil Supreme Court) - Robert Saint-Esteben (Bredin Prat): Reform of French competition law


At the beginning of 2007, the magazine Concurrences published the cross interviews of the two main candidates in the French presidential election. Ms. Ségolène Royal and Mr. Nicolas Sarkozy agreed to contribute to the debate by answering a series of questions on national and Community competition (...)

Valérie Michel Amsellem On-site investigations and seizures: The Court of Cassation recalls some principles in relation to the validity conditions of procedure of Art. L. 450-4 (British Petroleum and Vinci Park)


Criminal Procedure Code, 5 September 2007, British Petroleum France (BP), No. 05-86.406. Crime scene, September 5, 2007, Vinci Park, #06-80,540. The two rulings of the Criminal Division of the Court of Cassation, handed down on 5 Sept. 2007, one on an order of the Pontoise liberty and (...)

Valérie Michel Amsellem NCA and sectoral regulators: The Paris Court of Appeal holds lawful notification of the sole original statement of objections to a sectoral regulator (BP - Vinci Park)


CA Paris, 1st ch. H, August 24, 2007v. Council, Dec. No. 07-MC-05, TowerCast Under Article R. 463-9 of the French Commercial Code (formerly Article 35 of Decree 2002-689 of April 30, 2002), the general rapporteur of the French Competition Council must communicate to a certain number of (...)

Valérie Michel Amsellem Secret of investigation and of deliberation: The Court of Cassation confirms the Court of Appeal decision on absence of violation of the secret of investigation and of deliberation (Mobile telephony)


Cass. com, 29 June 2007, Société Bouygues Télécom and others, No. 07-10.303 and others, "Mobile telephony". This particularly sensitive case had, as we have already pointed out (V. ConcurrencesNo. 1-2007, Chronique Procédures V. M.-A. p. 149), was the subject of numerous press reports which the (...)

Valérie Michel Amsellem Value of evidence: The Paris Court of Appeal holds that conversations recorded without interested parties’ knowledge may serve as evidence (Philips France...)


CA Paris, 1st ch. H, 19 June 2007, Société Philips France SAS and others.v. Council, Dec. No. 05-D-66Consumer electronics", "Consumer electronics", "Consumer electronics", "Consumer electronics", "Consumer electronics", "Consumer electronics", "Consumer electronics", "Consumer electronics", (...)

Valérie Michel Amsellem Prescription: The Court of Cassation confirms that appeals brought against orders authorizing visits and seizures, or against orders ruling on the implementation thereof, interrupt prescription (Route des estuaires)


Cass. com, 6 March 2007, aff. "route des estuaires", No. 06-13.501 et a. In this case, which concerns cartel practices between companies on the construction markets for the "Estuary Road" engineering structures, a period of more than three years elapsed between the referral to the Competition (...)

Valérie Michel Amsellem Rights of defence: The Court of Cassation confirms that statements of objections must be signed, but refuses to annul a unsigned statement of objections (Route des estuaires)


Cass. com, 6 March 2007, aff. "route des estuaires", No. 06-13.501 et a. Some of the companies that were parties to this appeal invoked the nullity of the notification of grievances for lack of signature by the author, under the Act of 12 April 2000 on the rights of citizens in their relations (...)

Valérie Michel Amsellem Communication of documents: The Paris Court of Appeal confirms the requests and productions of documents to the French Competition Council by an investigating judge (Travaux routiers en Seine-Maritime)


CA Paris, 1st ch. H, 30 January 2007, SA Le Foll TP et a.against Cons. conc., Dec. no. 05-D-69 of 15 December 2005, road works in Seine-Maritime In this case concerning a cartel on road public works contracts in the Seine Maritime region, the Council relied on documents transmitted by an (...)

Valérie Michel Amsellem Imputability: The Paris Court of Appeal orders the stay of proceedings of a sanction pronounced against company having incorporated one of the companies which participated in the anti-competitive practices (Eiffage Construction-Travaux publics dans la région Île-de-France)


CA Paris (ord.), 1st ch. H, 23 January 2007, SA Eiffage Constructionv. Council, Dec. No. 06-D-07 of 21 March 2006, public works in the Île-de-France region The principle of imputability of practices requires that, when the legal structure supporting a firm that is the author of practices has (...)

Valérie Michel Amsellem Appeal: The Paris Court of Appel decides that there is no violation of the adversarial principle where the French Competition Council takes a view of the practice put forward in the report, that may differ from the one in the statement of objections, and relies on documents that have all been notified to the parties (Hôtel Le Bristol)


CA Paris, 1st ch. H, 26 September 2006, Hôtel Le Bristol and others.against Cons. conc., Dec. no. 05-D-64 a so-called Parisian palace affair In a judgment of 29 March 2005, relating to Competition Council Decision No. 04-D-44, the Paris Court of Appeal annulled, on the grounds of breach of the (...)

Valérie Michel Amsellem Hearings: The Paris Court of Appeal decides for the first time that an invitation to attend hearings does not interrupt the time period (Société DBS SAS)


CA Paris, 1st ch. H, 23 May 2006, Société DBS SAS and a.against Dec. No. 05-D-51aff. known as the Strasbourg Parliament affair By Decision No 05-D-51, the Competition Council had sanctioned six companies for cartel behaviour implemented in the context of a call for tenders for the construction (...)

Valérie Michel Amsellem Prescription : The Court of Appeal of Paris confirms the interrupting effect vis-à-vis all parties to the proceedings and all related practices (Truffaut)


CA Paris, 1st ch. H, 4 April 2006, Société des Établissements horticoles Georges Truffaut et a.v. Council, Dec. No. 05-D-32 of June 22, 2005, Royal Canin and its distribution network It is common for undertakings involved before the Competition Council to consider and argue that interrupting acts (...)

Valérie Michel Amsellem Interruption: The Paris Court of Appeal reviews its case-law on the interrupting effect of actions directed against inquiry acts (“Route des Estuaires”)


CA Paris, 1st ch. H, March 7, 2006, Société INEO et a.v. Council, Dec. No. 05-D-19 of 12 May 2005, aff. known as the "Route des Estuaires" affair In Decision No. 02-D-42, concerning practices in the distribution of household electrical appliances and consumer electronics, the Competition Council (...)

Valérie Michel Amsellem Visit and seizures: The Court of Cassation declares inadmissible the appeal directed against the revocation of a decision to stay proceedings pending a final decision on the legality of the visits and seizures (Colas)


Cass. com, January 31, 2006, Société Colas Midi-Méditérranée c/ Ministre de l’économie e. a., n° 04-20.360 By an order of 15 June 1989, the President of the Draguignan High Court authorised the DGCCRF to visit and seize at the headquarters of several companies likely to have implemented practices of (...)

Valérie Michel Amsellem Reasonable period: The Paris Court of Appeal provides indication on application by the French Competition Council of the principles of fairness, adversial proceedings and of reasonable period (TPS/Canal +)


CA Paris, 1st ch. H, November 15, 2005, TPS c/ Canal Plus and others. against Conc. conc. dec. 05-D-13 of March 18, 2005 In this judgment, the Court of Appeal first of all noted that the principle of impartiality, which implies the separation between the sanctioning and investigating (...)

Valérie Michel Amsellem Appeal: The Court of Cassation rules on the consequences of the annulation by the Court of Appeal of the French Competition Council decision (Bétons du Var)


The so-called "Bétons du Var" case will definitely have been one of the most instructive cases in terms of procedure in the field of internal competition law. Returning for the third time before the Court of Cassation, it has just given the Court the opportunity to provide a new response on the (...)

Valérie Michel Amsellem Simplified proceedings - Fines: The Court of Cassation authorises the combination of simplified proceedings with proceedings applicable when the Statement of Objections is not disputed (Avis C. cass. 11 juil. 2005)


The Court of Cassation replied to the request for an opinion from the Paris Court of Appeal on 12 April 2005 (see on this request, Concurrences, No. 3- 2005, p. 125). It began by stating that: "Neither the provisions of articles L. 463-3 and L. 464-2 II, now L. 464-2 III of the French (...)

Valérie Michel Amsellem Cassation: The Court of Cassation rules that the general prosecutor can not appeal before the Supreme Court if he was not a party in the proceedings (Procureur général près la Cour d’appel de Paris)


In a decision 03-D-17, the Competition Council had sanctioned certain "oil companies" for anti-competitive cartel practices implemented on the market for the distribution of fuels on motorways. This decision was annulled by the Paris Court of Appeals in a decision dated December 9, 2003, (...)

Valérie Michel Amsellem Criteria - Interim proceeding: The Court of Cassation states the criteria for interim proceedings in case where European law is applicable (Pharma-Lab / Pfizer - GlaxoSmithkline)


It will be recalled that the conditions for the grant of precautionary measures are somewhat different in national law from those of Community law. While in both cases the infringement must prima faciae be likely to occur and be classified as such, the domestic and Community case-law is not (...)

Valérie Michel Amsellem Procedural competence: The Court of Cassation considers that the Court of Appeal has not full procedural competence on the decisions of the French Competition Council (Lectiel et Groupadress/France Télécom)


In a judgment of 29 January 1999, the Paris Court of Appeal, ruling on an appeal against a decision of the Competition Council, annulled that decision and, ruling again, sanctioned the offending practice and issued an injunction to prevent its recurrence. Claiming that that injunction was not (...)

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