The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech Railway and Nexans where the GC confirmed that, to launch an inspection (also more commonly referred to as a “dawn raid”), the European Commission (the “EC”) needs to have “reasonable grounds” for suspecting an infringement. The EC suspected a number of French retailers of having exchanged information on (i) discounts obtained on the supply markets of consumer products and prices on the market for the sale of services to suppliers of branded products, and (ii) the future commercial strategies of the

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  • Covington & Burling (Brussels)
  • Covington & Burling (Brussels)

Quotation

Johan Ysewyn, Philip Olszewski, The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises), 5 October 2020, e-Competitions Exchange of information in associations of undertakings, Art. N° 98079

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