The French Supreme Court acknowledges the boundaries of the transmission of information between criminal courts and the national competition authority (Colas Ile-de-France Normandie)

I - Background Article L. 463-5 of the Commercial Code creates the possibility for the Competition Council to request documents closely linked to the facts referred to it and belonging to another national authority. The decision under examination is the last in this case and upholds the boundaries defined by the Paris Appeal Court regarding such exchange of documents where a criminal Court is at stake. In 1998, the Competition Council opened a case concerning several producers of concrete, suspected of market sharing in the frame of two public tenderings organised by the Department of Seine-Maritime and the French State. As a criminal procedure had also been previously triggered for the same facts, the

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Marie-Charlotte Rouzier, The French Supreme Court acknowledges the boundaries of the transmission of information between criminal courts and the national competition authority (Colas Ile-de-France Normandie), 15 January 2008, e-Competitions January 2008, Art. N° 15717

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