Following the quashing of its first decision [1] , the Paris Court of Appeal held, in the present decision [2] , that in compliance with the adversarial principle, the parties to the commitments procedure shall have access to all documents on the basis of which the French Rapporteur (the “case handler”) had drafted its preliminary assessment. The case history Three years before the present decision, the French Competition Council (since March 2009, the “French Competition Authority”), had, pursuant to Article L. 464-2 of the French commercial code, accepted the commitments proposed by “The Independants” GIE (Economic Interest Grouping), as they were deemed likely to meet the competition concerns raised by the Council [3]. Therefore, the Council closed the litigation proceedings, filed by
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The Paris Court of Appeal holds that, in compliance with the adversarial principle, the parties to the commitments procedure shall have access to all documents which the case handler had drafted its preliminary assessment (Canal 9 / Les Indépendants)
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