The French Criminal Supreme Court takes side in favour of the admissibility of the appeal by the Rapporteur général of the Competition Authority in a case concerning emails seizure (Orange)

House searches carried out by the French competition authority (“Autorité de la concurrence”), a shared prerogative since 2009 with the Ministry of Finance & Economy (“DGCCRF”), are in principle governed by the Code of Criminal procedure [1]. Furthermore, it has been held [2] by the Supreme Court in France (“Cour de cassation”) that the review of the existence of presumption of anti-competitive practices authorizing the search and seizure by the same judicial formation as that called upon to rule on the validity of the complaints and the penalties applied to such practices – this latter court may well be the Commercial chamber of the “Cour de cassation” - is such that it gives rise to a reasonable doubt as to the court’s impartiality. Consequently, the Criminal chamber of the “Cour de

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Christelle Onillon, The French Criminal Supreme Court takes side in favour of the admissibility of the appeal by the Rapporteur général of the Competition Authority in a case concerning emails seizure (Orange), 16 June 2011, e-Competitions Due Process Research Program, Art. N° 37379

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