Sarah Chikh

Legal Counsel

Sarah Chikh is a legal counsel in charge of bus activity at BlaBlaCar. She specialises in European law, antitrust law, mergers and abuse of dominant position. Sarah is an avocat at the Paris Bar.

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Articles

2156 Review

Christophe Lemaire, Sarah Chikh Obstruction to investigation: The French Competition Authority fines for the first time a company for having obstructed its investigation (Brenntag)

325

French jurisprudence has a few long-running cases... The "Brenntag" case in the chemicals sector should undoubtedly join them. Indeed, we remember that after having referred the matter to the DGCCRF in 2001, the company Gaches Chimie referred the matter to the Competition Council in 2003 (more (...)

Christophe Lemaire, Sarah Chikh Hybrid settlement procedure: The Paris Court of Appeal validates the procedure followed by the French Competition Authority in the frame of an hybrid settlement procedure (Caisse des dépôts et consignations)

254

In this case, SCET, as the perpetrator, and the Caisse des dépôts et consignations group, as the parent entity, were jointly and severally fined 560,000 euros for having reached an agreement with SETIS, a subsidiary of the Degaud Group, when the land assistance contract was awarded to the (...)

Christophe Lemaire, Sarah Chikh Business secrets: The French Parliament adopts the act of 18 November 2016 centralising the litigation procedures regarding business secrets to the benefit of the Paris Court of Appeal (Modernisation of the XXI century’s justice)

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A little more than ten years after the first in-depth reform of business secrecy in competition proceedings (V. Ch. Lemaire, "La protection du secret des affaires devant la Conseil de la concurrence: une évolution bienvenue", JCP éd. E 26 January 2006, No. 4, pp. 191-201), the adoption of the Act (...)

Christophe Lemaire, Sarah Chikh Non-compliance with commitments : The Paris Court of Appeal confirms the principle of a strict interpretation of the commitments made binding by the French Competition Authority and the serious sanctions applicable in case of breach (GIE “Les Indépendants”)

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The decision-making practice of the French Competition Authority with respect to breaches of the commitments is still not well developed (Aut. conc., dec. no. 11-D-10 of July 6, 2011 relating to compliance by the city of Marseille with the commitments made in Competition Council Decision no. (...)

Christophe Lemaire, Sarah Chikh Removal of business secrets: The French Supreme Court confirms the limited rights of the plaintiff concerning the access to documents covered by business secrets and the appeals against the decisions on the protection of business secrets (Orange)

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While the law of 18 November 2016 has just introduced an autonomous action before the Paris Court of Appeal for the protection of business secrecy (see this column above), this judgment illustrates the nature of the litigation that may arise, in matters of business secrecy, in connection with (...)

Christophe Lemaire, Sarah Chikh Concerted practices: The European Commission seeks observations from interested third parties on commitments offered by fifteen container liner shipping companies to address competition concerns as regard to likely concerted practices (Container Shipping)

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In proceedings initiated on 21 November 2013 and 13 November 2015, the Commission found that the practice of shipping lines of publishing their intentions regarding future price increases was likely to give rise to competition concerns. Indeed, the fifteen companies concerned regularly (...)

Christophe Lemaire, Sarah Chikh Local anticompetitive practices: The French Competition Authority sets for the first time a fine to undertakings that refused a settlement with the Minister of Economy regarding small anticompetitive practices

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Mention should also be made of the decision of 27 January 2015 by which the Authority penalised four companies for concerted action for the award of contracts for the provision of school transport in the Lower Rhine. A practice of understanding on a local scale The substance of this case is (...)

Christophe Lemaire, Sarah Chikh Preliminary ruling on constitutionality: The French Constitutional Council declares consistent with the Constitution the difference of maximum legal fine depending on whether the offenders is or not an undertaking (Association Expert-comptable média association)

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This issue of the Chronicle will once again mention a decision of the Constitutional Council on the compliance with the Constitution of Article L. 464-2 of the Commercial Code relating in particular to sanctions. It will be recalled that in October 2015 the Constitutional Council had ruled on (...)

Christophe Lemaire, Sarah Chikh Competence of the administrative branch: The French Tribunal of Conflicts establishes the competence of the administrative court to rule on follow on actions brought by a public person against companies that participated to anticompetitive practices and that distorted bid rigging of public works contracts (Île-de-France)

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By a decision dated 16 November 2015, the Tribunal des conflits had to rule on the jurisdictional order competent to hear actions for damages brought by a public person against the authors of a public works contract-sharing agreement. History of the case In this case, the facts of which date (...)

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