The Paris Court of Appeal opposes to the Supreme Court on admissibility of evidence obtained without the knowledge of the companies under investigation (Avantage / Sony / Philips)

On 29 April 2009, the Paris Court of Appeal dismissed for the second time the appeal of Philips and Sony against a decision of the Competition Council in 2005 condemning an agreement between the two companies and their respective distributors. In so doing, the Court of Appeal expressed its opposition to the judges of the French Supreme Court concerning the delicate matter of the admissibility of evidence obtained without the knowledge of the companies under investigation. In its decision n° 05-D-66 [1], the French Competition Authority accepted as evidence, audio recordings produced by the claimant of conversations with representatives of suppliers and wholesalers, accompanied by their transcripts. Philips and Sony lodged an appeal against the decision, arguing, inter alia, that the

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Guillaume Taillandier, Fani Skartouli, The Paris Court of Appeal opposes to the Supreme Court on admissibility of evidence obtained without the knowledge of the companies under investigation (Avantage / Sony / Philips), 29 April 2009, e-Competitions April 2009, Art. N° 26358

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