Search results - Concurrences

24 Sep 2020 R

Dawn raids: The Court of Justice of the European Union confirms the power of the European Commission to make mass copies of digital documents and to continue the inspection of such documents on its premises, subject to respect for the interests and rights of the visited undertaking (Prysmian)

Alain Ronzano • N° 3-2020

On 24 September 2020, the Court of Justice of the European Union was again called upon to rule on one of the aspects of the proceedings relating to the electricity cable cartel, which had led the Commission, in a decision of 2 April 2014The Court of First Instance of the European Communities (...)

16 Sep 2020 R

Competence: The Court of Justice of the European Union rules that the Spanish National Commission for Markets and Competition does not have the status of a ’court’ and therefore cannot submit a request for a preliminary ruling (Anesco a. o.)

Alain Ronzano • N° 3-2020

On 16 September 2020, the Court of Justice of the European Union ruled again on the question of the status of "court or tribunal" within the meaning of Article 267 TFEU of an entity which has submitted a reference for a preliminary ruling to the Court of Justice of the European Union. Case (...)

9 Sep 2020 R

Dawn raids: The Criminal Chamber of the French Supreme Court confirms the refusal of the First President of the Paris Court of Appeal to conceal the public version of the order declaring the cancellation of certain seizures of correspondence protected by the legal privilege (Whirpool)

Alain Ronzano • N° 3-2020

On September 9, 2020, the Criminal Chamber of the Court of Cassation issued a decision. pursuant to which it dismissed the appeal brought by Whirlpool France against the order of the First President of the Paris Court of Appeal, dated 23 May 2018, which had dismissed its motion for concealment (...)

29 Jul 2020 R

Legitimate suspicion: The First President of the Paris Court of Appeal upholds the request for legitimate suspicion against the Polynesian Competition Authority on account of the conduct of its President, dismisses the case from the PCA and refers the case back to the metropolitan Competition Authority, implicitly annulling the PCA’s decision condemning a group for excessive pricing (Wane)

Alain Ronzano • N° 3-2020

New development in the saga of excessive tariffs on the market for the supply of beverages to shops organized under trade names in French Polynesia: taking note of thejudgment of 4 June 2020 to which the Second Civil Chamber of the Court of Cassation ruled that independent administrative (...)

24 Jul 2020 R

Admissibility: The First President of the Paris Court of Appeal declares inadmissible, on the grounds of late application, the application for disqualification of a rapporteur of the French Competition Authority, who has successively exercised prosecutorial functions within the DNECCRF, and investigative functions within the Authority (FILMM)

Alain Ronzano • N° 3-2020

20 Jul 2020 R

Private enforcement: The European Commission wants to help national courts to protect confidential information when ordering disclosure of evidence in private enforcement for damages of competitive harm

Alain Ronzano • N° 3-2020

On 20 July 2020, the European Commission published a Notice on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law.. This Communication follows on from the Directive on damages actions for anti-competitive practices of (...)

16 Jul 2020 R

Inspection: The Court of Justice of the European Union gives the Commission the autonomy to make mass copies of digital documents and to continue the inspection of these documents on its premises, subject to respect for the interests and rights of the undertaking visited (Nexans)

Alain Ronzano • N° 3-2020

8 Jul 2020 R

Dawn raids: The First President of the Paris Court of Appeal annuls, by ruling on referral after cassation, authorization orders of the judge of liberties and detention, but also dawn raids (Whirlpool)

Alain Ronzano • N° 3-2020

By Order of July 8, 2020the delegate of the First President of the Paris Court of Appeal to exercise the powers resulting from Article L. 450-4 of the French Commercial Code, ordered the annulment not only of the orders of the JLDs authorising visits and seizures, but also the actual operations (...)

2 Jul 2020 R

COVID-19: The New Caledonian Competition Authority adopts its first decision on interim measures and indicates under which conditions cooperation between competitors can be tolerated in times of health crisis (OPT-NC)

Alain Ronzano • N° 3-2020

By Decision No 2020-MC-01 of 2 July 2020In the case of the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC), the New Caledonian Competition Authority issued a protective measure against the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC). Strictly (...)

1 Jul 2020 R

Suspension: The First President of the Paris Court of Appeal, castigating the imprecise nature of the injunction issued by the French Competition Authority in the restaurant vouchers case, suspends its execution (Edenred, Octoplus, SNRTC)

Alain Ronzano • N° 3-2020

On July 1, 2020, the delegate of the first president of the Paris Court of Appeal issued an order by which it grants the application brought by Edenred France SAS and Edenred SA for a stay of execution of Decision No 19-D-25 of the French Competition Authority dated 17 December 2019 on (...)

1 Jul 2020 R

Suspension: The Paris Court of Appeals publishes five ordinances of his First President suspending the execution, due to its imprecise nature, of the injunction issued by the French Competition Authority in the restaurant vouchers case (Edenred, Centrale de Règlement des Titres, Natixis, Sodexo, UP)

Alain Ronzano • N° 3-2020

On 1 July 2020, the delegate of the First President of the Paris Court of Appeal issued not one but five orders in the restaurant vouchers case. The five orders granting the requests made by Edenred, Natixis, Sodexo and UP, as well as the order made by the Centrale de Règlement des Titres (CRT) (...)

24 Jun 2020 R

Reform: The French Senate directly inscribes in the law the measures of simplification of procedures and competition investigations and grants some assurances to companies on the simplified procedure (Ddadue)

Alain Ronzano • N° 3-2020

After the provisions of the Audiovisual PJL concerning competition procedures were included in the bill containing various provisions for adaptation to European Union law on economic and financial matters (Ddadue), committee work began. On 24 June 2020, the Finance Committee, which was seized (...)

24 Jun 2020 R

Hybrid settlement: The French Supreme Court supports hybrid settlement procedures by ruling out any infringement of the rights of the defence (Caisse des dépôts et consignations, Services conseil expertises territoires)

Alain Ronzano • N° 3-2020

In a judgment delivered on 24 June 2020The Commercial Chamber of the Court of Cassation, in the case of the agreement to share contracts between bidders when awarding the land assistance contract of the Etablissement public foncier de l’Ouest Rhône-Alpes (EPORA), confirmed the hybrid transaction (...)

18 Jun 2020 R

Fines : The Paris Court of Appeal essentially confirms a fine for participating in the ’hygiene and cleaning products’ cartel (L’Oréal)

Alain Ronzano • N° 3-2020

On June 18, 2020, Chamber 5-7 of the Paris Court of Appeal handed down its judgment on remand after cassation in the "hygiene and cleaning products" case. In it, the Commission essentially confirms the fine imposed on L’Oréal for its participation in the cartel. In a judgment delivered on 27 (...)

17 Jun 2020 R

Compensation: The Paris Court of Appeal awards more than 180 million euros to an electronic communications operator as compensation for damages caused by anti-competitive practices (Orange Caraïbe / Digicel Antilles)

Alain Ronzano • N° 3-2020

4 Jun 2020 R

Principle of equal treatment: Advocate General Pitruzzella calls on the Court of Justice of the European Union to uphold the European Commission’s appeal and accordingly to annul the judgment of the General Court of the European Union finding that the principle of equal treatment was infringed and that there was an abuse of power in relation to a decision re-adopted after a first annulment (GEA)

Alain Ronzano • N° 3-2020

On 4 June 2020, Advocate General Giovanni Pitruzzella delivered his Opinion on the appeal. in Case C-823/18 concerning the appeal brought by the European Commission against thejudgment delivered on 18 October 2018 by the Court of First Instance of the European Union in Case T-640/16 (GEA Group (...)

4 Jun 2020 R

Procedure of legitimate suspicion: The French Supreme Court rules that independent administrative authorities that impose sanctions are subject to an ex ante control of their impartiality and can be subject to a procedure of legitimate suspicion (Wane)

Alain Ronzano • N° 3-2020

On 4 June 2020, the Second Civil Chamber of the Court of Cassation handed down a very important ruling, the lessons of which, which are intended to apply far beyond the case in point, largely affect the law of independent administrative authorities, at least those which implement powers to (...)

26 May 2020 R

Dawn raids: The Paris Court of Appeal confirms the fine of 900,000 euros imposed on an engineering and technology consulting group for obstruction during dawn raids operations (Akka)

Alain Ronzano • N° 3-2020

On 26 May 2020, Chamber 5-7 of the Paris Court of Appeal, in its new composition, delivered its judgment in the matter of obstructive practices by companies in the Akka group. It will be recalled that on May 22, 2019, the Competition Authority adopted Decision No. 19-D-09 in favour of which (...)

18 May 2020 R

COVID-19: The French Competition Authority re-instates most of the statutory time limits for the proceedings

Alain Ronzano • N° 3-2020

Following the resumption, as of 12 May 2020, of the two-month period available to companies to submit, pursuant to Article L. 463-2 of the French Commercial Code, their observations in response to a notification of objections or a report, as well as the period applicable to leniency (...)

14 May 2020 R

Statement of objections: The Court of Justice of the European Union rules there is no right to access to the replies given to the statement of objections by the addressees of that statement (Verwaltungs)

Alexandre Lacresse • N° 3-2020 • pp. 149-150

In the so-called ’electrical cables’ case, the Commission had, inter alia, penalised the applicants (Eur.Comm., Dec. C(2014) 2139 final, 2 April 2014, Case AT.39610 - Electrical cables - Commission Decision C(2014) 2139 final, 2 April 2014).), which were subsequently dismissed by the Court of (...)

11 May 2020 R

COVID-19: The French Competition Authority confirms the lifting of the suspension of the deadlines for responding to statements of objections and reports

Alain Ronzano • N° 3-2020

It will be recalled that in order to take account of the travel restrictions due to containment, the Authority’s general rapporteur had decided that the two-month period within which undertakings could submit their observations in response to a notification of objections or a report under (...)

7 May 2020 R

Commitments: The General Advocate Pitruzzella suggests to the Court of Justice of the European Union to rules that the European Commission shall take into account third parties’ rights when commitments rendered legally binding implies the termination of contracts involving third parties (Canal +)

Alexandre Lacresse • N° 3-2020 • pp. 150-151

In this case, the applicant contests the Commission’s decision making binding commitments offered to it by a multinational producer of audiovisual content in order to meet competition concerns arising from contractual clauses guaranteeing it and a television broadcaster a licence of absolute (...)

30 Apr 2020 R

Abuse of dominance: The European Commission invites interested third parties to comment the commitments proposed in various TV set-top box and modem chipset markets (Broadcom)

Christophe Lemaire, Anne Dos • N° 3-2020 • pp. 151-152

On 27 April, the European Commission submitted for consultation Broadcom’s proposed commitments on the markets for chipsets for TV decoders and modems, pursuant to Article 27 of Regulation 1/2003. The context that led to the proposal for commitments As a reminder, in June 2019, the Commission (...)

7 Apr 2020 R

Commitments : The French Competition Authority imposes a financial penalty of €900,000 to an undertaking that failed to comply with the commitment to separate the pools of bets made online and through the physical network of outlets (PMU)

Alain Ronzano • N° 3-2020

It will be remembered that following a referral by Betclic, the Competition Authority had obtained commitments from PMU that it had made binding by Decision No. 14-D-04 of 25 February 2014....consisting mainly of separating its masses of hard and soft stakes. In December 2017, Betclic and (...)

7 Apr 2020 R

Sanctions: The French Competition Authority adopts a new decision fining a breach of a commitment decision (PMU)

Christophe Lemaire, Marie Florent • N° 3-2020 • pp. 153-155

While the number of commitment decisions is increasing, the recent period has been marked by a new series of decisions, this time relating to the monitoring of the proper implementation of these commitments and, where appropriate, the sanctioning of non-compliance. This decision is now the (...)

2 Apr 2020 R

Commitments: The French Competition Authority accepts and makes binding commitments to address competition concerns identified in the parcel delivery sector (La Poste)

Christophe Lemaire, Marie Florent • N° 3-2020 • p. 152

On 2 April 2020, the Competition Authority accepted and made binding the commitments offered by the La Poste group in the parcel delivery sector and therefore closed the proceedings initiated before it in 2010, following two referrals made by the Minister for Economic Affairs and by a relay (...)

27 Mar 2020 R

COVID-19: The French Competition Authority specifies how the rules on time limits and procedures will be adapted as a result of the health emergency

Alain Ronzano • N° 2-2020

Following the adoption of the Law of 23 March 2020 emergency measures to deal with the covid-19 epidemic and theorder of 25 march 2020 on the extension of time limits during the health emergency period and the adaptation of procedures during that period, the time limits for proceedings before (...)

25 Mar 2020 R

COVID-19: The Government adopts two ordinances relating to the extension of time limits during the period of health emergency and the adaptation of procedures during the same period

Lucas Bettoni • N° 2-2020

The impact of Orders n° 2020-306 of March 25, 2020 and n° 2020-427 of April 15, 2020 on business contracts In accordance with the authorization granted by Parliament in Emergency Act No. 2020-290 of 23 March 2020 to deal with the covid-19 epidemic, the Government adopted "deadline" Ordinance No. (...)

20 Mar 2020 R

Competence: The French State Council refers a case to the Tribunal des conflits, deeming the Paris Court of Appeal competent to hear the request to enjoin the French Competition Authority to republish a decision on interim measures (Google)

Alain Ronzano • N° 2-2020

On 20 March 2020, the Council of State issued a decision in the case of the protective measures injunction, requiring Google to clarify the procedure for suspending Google Ads accounts for "misleading or prohibited content". However, the present dispute does not relate to the lawfulness of the (...)

20 Mar 2020 R

Business secrets: The French Administrative Supreme Court declines jurisdiction to deal with an appeal against a decision of the French Competition Authority to include, within its interim measures decision, information that has benefited from the protection granted to business secrets (Google)

Christophe Lemaire, Adèle Azzi • N° 2-2020 • pp. 164-167

The period is decidedly rich with regard to the litigation surrounding the protection of business secrecy of companies. After the two rulings of the Court of Cassation of 29 January 2020 (see above), the Court of Appeal has now decided that the protection of business confidentiality is a matter (...)

18 Mar 2020 R

Settlement: The French Supreme Court confirms the decision of the Paris Court of Appeals confirming the questionable decision of the Competition Authority in the so-called ’grande cuisine’ equipment case (GIF)

Alain Ronzano • N° 2-2020

On 29 May 2020, the Competition Authority published online thejudgment delivered on 18 March 2020 by the Commercial Chamber of the Court of Cassation in the so-called "haute cuisine" equipment case. It confirms in all respects thejudgment delivered on 18 January 2018. by the Paris Court of (...)

18 Mar 2020 R

Admissibility: The French Supreme Court confirms the inadmissibility of voluntary interventions by the persons filing the appeal in support of the Authority in the appeal proceedings against a decision sanctioning obstruction of the investigation (Brenntag)

Alain Ronzano • N° 2-2020

On June 4, 2020, the Competition Authority posted online a decision of the Commercial Chamber of the Court of Cassation dated March 18, 2020 by which it dismisses the appeal brought by Gaches Chimie, the same company which was at the origin of the interminable chemical commodities case when it (...)

12 Mar 2020 R

Inadmissibility: The General Court of the European Union upholds the decision of the European Commission rejecting a complaint when certain practices of which have already been dealt with by a National Competition Authority (LL-Carpenter)

Alexandre Lacresse, Barbara Monti • N° 2-2020 • pp. 158-160

Ten years of proceedings is how long it took to foresee the closure of this case, which allows the Commission to reconsider its powers to reject complaints where, under Article 13(2) of Regulation 1/2003, a complaint is ’already being dealt with by another competition authority’. It all began in (...)

12 Mar 2020 R

Admissibility: The European Commission rejects a complaint already dealt with by a national competition authority (LL-Carpenter)

Karine Biancone • N° 2-2020

Facts. A Czech company acting as an independent intermediary for the purchase abroad of motor vehicles of the Subaru and Daihatsu brands, on behalf of end customers in the Czech Republic, had filed two consecutive complaints against the manufacturer Subaru on the basis of Articles 101 and 102 (...)

4 Mar 2020 R

Dawn raids: The French Supreme Court validates the technique of provisional closed seal of the messenger files, the global seizure of the ’unbreakable’ files and the technique of cleaning the legal privilege from a numerical table to be completed by the visited company before making the final seal (Renault)

Alain Ronzano • N° 2-2020

In a judgment delivered on 4 March 2020 With regard to the operation of visit and seizure (OVS), the Criminal Chamber of the Court of Cassation rejected the appeal against the order of the First President of the Versailles Court of Appeal dated 25 January 2018, which confirmed the JLD’s order (...)

4 Mar 2020 R

Dawn raids: The French Supreme Court confirms the validity of the use of "provisional closed seals" technique and the seizure of entire mailboxes in the context of an investigation into misleading commercial practices (Renault)

Christophe Lemaire, Anne Dos • N° 2-2020 • pp. 167-168

In a decision dated 4 March 2020, the Criminal Division of the Court of Cassation confirmed and specified the procedures for conducting [OVS visits and seizures] authorized by the liberty and detention [judge (juge des libertés et de la détention JLD]) in the context of an investigation ordered (...)

4 Mar 2020 R

Dawn raids: The French Civil Supreme Court specifies the regime of the conduct of the investigation in case of difficulty due to the seizure of data under legal privilege (provisional and closed seals ; form of the claims by numerical chart – global seizure – Judge’s refusal to move on the premises to control the investigations) (Renault)

Jean-Michel Vertut • N° 2-2020

In the judgment discussed here, the Court of Cassation clarified and recalled a series of points concerning the regime of home visits. Although they were made in the context of visits and seizures for the purpose of seeking evidence of deception, the solutions are, in our view, transposable to (...)

20 Feb 2020 R

Private enforcement: The Paris Commercial Court rejects all claims of the distribution companies that have brought several dairy producers before the consular court (Provera / Lactalis)

Muriel Chagny • N° 2-2020

There is no need to establish the anti-competitive practice; it must be proved that it is the direct cause of the damage for which compensation is sought! Decision after decision (see, for example, Paris ch. 5-4, 6 March 2019, RG no. 2014072974), it is confirmed that the causal link, a (...)

20 Feb 2020 R

Breach of commitments: The French Competition Authority adopts a new decision in relation to the violation of commitments adopted in anticompetitive practices (Mutualité de La Réunion)

Christophe Lemaire, Adèle Azzi • N° 2-2020 • pp. 169-171

The period under review is marked not only by the publication of a study on commitments (see above) but also by the adoption by the Competition Authority of a new decision on the non-compliance of commitments entered into in the area of anti-competitive practices. These decisions, although few (...)

12 Feb 2020 R

Compensation for damages: The French Supreme Court explains that compensation for damages can be assessed by taking into consideration the undue advantage granted to the author of an act of unfair competition (Cristal de Paris / Cristallerie de Montbronn)

Muriel Chagny • N° 2-2020

While the reform of the ordinary law of civil liability has been slow to take shape at the legislative level, the judicial courts and, first and foremost, the Court of Cassation have not hesitated to make certain advances which contribute to the attractiveness of French law and the French legal (...)

30 Jan 2020 R

Inquiries: The Court of Justice of the European Union dismisses appeals brought by the Czech national rail carrier against two judgments upholding the European Commission’s inspection decisions (České dráhy)

Pascal Cardonnel • N° 2-2020 • p. 158

The Court dismisses the appeals brought against the judgments of the Court of First Instance of 20 June 2018 České dráhy (Case T-325/16, EU:T:2018:368, and T-621/16 EU:T:2018:367).), in accordance with firmly established principles. These cases had their common origin in Commission inspections at (...)

29 Jan 2020 R

Business secret: The French Supreme Court requires the Authority’s general rapporteur to give concrete reasons for the lifting of the protection granted under business secret (General Import)

Alain Ronzano • N° 2-2020

In two rulings handed down on 29 January 2020, the Commercial Chamber of the Court of Cassation clarified the obligations incumbent on the General Rapporteur of the Competition Authority when he decides to lift the protection afforded to documents in the investigation file under the business (...)

29 Jan 2020 R

Business confidentiality: The French Supreme Civil Court provides clarifications on the regime of business confidentiality and on the decommissioning of documents under this protection (Randstad)

Jean-Michel Vertut • N° 2-2020

Facts. In July 2013, the CCRA’s training services conducted search and seizure operations on the premises of several companies in a temporary employment operating group. In view of the information gathered during these inspections, in May 2015 the Authority was required to examine ex officio the (...)

29 Jan 2020 R

Business secrets: The French Supreme Court clarifies the conditions under which the General Rapporteur of the French Competition Authority may disclose business secrets, in particular with respect to the obligation to state reasons (General Import, Randstad)

Christophe Lemaire, Hélène Fricaudet • N° 2-2020 • pp. 162-164

On 29 January 2020, the Court of Cassation handed down two judgments specifying the obligations incumbent on the Authority’s General Rapporteur when he decides to lift the protection previously granted to documents in the investigation file under the secrecy of business. Although the facts (...)

21 Jan 2020 R

Fines: The European Commission imposes a fine of €52 million to two undertakings in the wind turbine manufacturing sector for negligently supplying incorrect information in the notification of a merger (GE / LM Wind Power)

Alain Ronzano • N° 2-2020

On 21 January 2020, the Commission published the decision of 8 April 2019 in favour of which it imposed a fine of EUR 52 million on GE for negligently providing incorrect information in the notification of a merger is online At the Commission, the accuracy of the information provided in merger (...)

17 Jan 2020 R

Behavioural commitments: The French Competition Authority publishes a study on behavioural commitments relating to anti-competitive practices and mergers

Christophe Lemaire, Hélène Fricaudet • N° 2-2020 • p. 160

As part of an educational approach and to reflect on its practice, the Competition [Authority] published on 17 January 2020 a study dedicated to behavioural commitments, an instrument that has become a major instrument in the implementation of competition law. Written in partnership with the (...)

13 Dec 2019 R

Admissibility: The European Court of Human Rights declares admissible an application concerning the absence of an effective remedy against decisions of the Authority’s rapporteur refusing to grant business secrecy or lifting it (FILMM / France)

Alain Ronzano • N° 1-2020

On 13 December 2019, the European Court of Human Rights (ECHR) indicated that it found the application lodged - in 2012 - admissible. - by the Union of Manufacturers of Manufactured Mineral Wools - the FILMM. In doing so, the application of the FILMM, which has thus passed the first (...)

12 Dec 2019 R

Private enforcement: The Court of Justice of the European Union states that any damage having a causal link with an infringement of Article 101 TFEU must be capable of giving rise to compensation (Otis)

Alain Ronzano • N° 1-2020

The Court of Justice of the European Union ruled that any damage having a causal link with an infringement of Article 101 TFEU must be capable of giving rise to compensation, including where persons do not operate as a supplier or as a buyer on the market concerned, but have granted subsidies, (...)

12 Dec 2019 R

Private enforcement: The Court of Justice of the European Union rules that a public body which granted promotional loans to purchasers of products covered by a cartel may request compensation for loss caused by the cartel (Otis / Land Oberösterreich)

Pascal Cardonnel • N° 2-2020 • pp. 157-158

This case is the second contribution of the lift cartel to the development of EU law on liability for anti-competitive acts. In 2014, in the wake of the Commission’s 2007 decision on the lift cartel in Benelux and Germany, the Court had validated in principle the possibility of extending the (...)

11 Dec 2019 R

Dawn raids: The First President of the Paris Court of Appeal confirms the validity of the authorisation and the carrying out of dawn raids in the notarial sector (ADSN, CSN)

Alain Ronzano • N° 1-2020

On 11 December 2019, the First President of the Paris Court of Appeal issued two orders concerning appeals against the conduct of inspections and seizures in a case concerning the notarial sector. Thanks to Jamal Henni for communicating these two orders. Suspecting various notarial bodies, as (...)

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