Search results - Concurrences

11 Jan 2021 R

Fines: The French DGCCRF is launching a public consultation on the transposition of the ECN+ Directive into French law

Alain Ronzano • N° 1-2021

Article 37 of Law No. 2020-1508 of 3 December 2020 on various provisions for adapting to European Union law on economic and financial matters (DDADUE) has notably empowered the government to transpose Directive 2019/1 of the European Parliament and of the Council of 11 December 2018 aimed at (...)

17 Dec 2020 R

Sanctions: The Paris Court of Appeal rejects a request for judicial review on the conformity of the second paragraph of Article L. 464-2, V, C. Com., which was already referred to the French Supreme Court in a similar case (Brenntag)

Alain Ronzano • N° 4-2020

It will be remembered that on 26 October 2020, the Court of Cassation was seized of a priority constitutionality issue relating to the compliance of Article L. 464-2 of the French Commercial Code and, more specifically, the provisions of the second paragraph of V of the said article, which (...)

14 Dec 2020 R

Damages: The European Commission publishes a transitional report on the assessment of the 2014 Damages Directive and its transposition by Member States (Directive 2014/104/EU)

Alain Ronzano • N° 4-2020

On 14 December 2020, the Commission made public a report on the implementation of the Directive on damages actions resulting from anti-competitive practices - the Damages Directive of 2014, pursuant to Article 20 of that Directive, which requires the Commission to review this Directive and (...)

9 Dec 2020 R

Dawn raids: The Criminal Chamber of the French Supreme Court refuses to refer to the Constitutional Council a new priority constitutionality issue on the conformity of article L. 450-4 of the Commercial Code with the Constitution (Chantiers modernes Sud-Ouest)

Alain Ronzano • N° 4-2020

By judgment No 3101 of 9 December 2020 (20-83.001)In the case of a dispute between Chantiers Modernes Sud-Ouest and the Regional Directorate of Competition, Consumer Affairs and Fraud Control of New Aquitaine concerning the conformity of article L. 450-4 of the Commercial Code with the (...)

8 Dec 2020 R

COVID-19: The French Competition Authority rejects for lack of evidence the referral of travel agencies denouncing the concerted non-reimbursement of flights cancelled by 90 airlines (Cediv Travel)

Alain Ronzano • N° 4-2020

On 8 December 2020, the Competition Authority issued a decision no. 20-D-21 in favour of which it rejects, on the basis of the second paragraph of Article L. 462-8 of the Commercial Code, the referral to the merits of the cooperative company CEDIV TRAVEL and 55 of its members, travel agencies (...)

3 Dec 2020 R

Reform: The French government publishes the law n° 2020-1508 bearing various provisions of adaptation to the European Union law in economic and financial matters (DDADUE)

Alain Ronzano • N° 4-2020

The law n° 2020-1508 of 3 December 2020 laying down various provisions for adapting to European Union law on economic and financial matters was published in the Official Journal on 4 December 2020. The provisions of the Act on competition are set out in Article 37. Apart from the provisions (...)

25 Nov 2020 R

Rights of defense: The Criminal Chamber of the French Supreme Court recalls that the exemption from seizure of lawyer-client correspondence presupposes that the document is related to the exercise of the rights of defence of the company visited, prohibiting any systematic withdrawal of such correspondence (Au vieux campeur)

Alain Ronzano • N° 4-2020

By judgment of 25 November 2020 With regard to the carrying out of visits and seizures, the Criminal Chamber of the Court of Cassation confirmed the principle, which was recently reiterated in another ruling of the same formation dated 4 March 2020, according to which, if lawyer-client (...)

24 Nov 2020 R

Competence: The Court of Justice of the European Union rules that an action for damages based on a legal obligation to refrain from abusing a dominant position is a matter relating to tort within the meaning of the Brussels I bis Regulation (Wikingerhof / Booking)

Alain Ronzano • N° 4-2020

On 24 November 2020, the Court of Justice of the European Union, meeting in Grand Chamber, gave judgment in Case C-59/19 (Wikingerhof GmbH & Co. KG v Booking.com BV) judgment in Case C-59/19 (Wikingerhof GmbH & Co. KG v Booking.com BV)The Court of Justice of the European Communities has (...)

18 Nov 2020 R

Reform: The French National Assembly adopts, at the end of a final reading, the bill containing various provisions for adaptation to European Union law in economic and financial matters (DDADUE)

Alain Ronzano • N° 4-2020

On 18 November 2020, the National Assembly adopted by 159 votes to 14, at the end of the final reading of the text, the draft law on various provisions for adapting to European Union law in the economic and financial field (DDADUE). The National Assembly therefore had the last word, by not (...)

18 Nov 2020 R

Competence: The French Competition Authority refuses to know about practices implemented in French Polynesia by opposing its territorial competence and especially its attribution competence, even after the admission of the request for legitimate suspicion against the Polynesian Competition Authority (Wane)

Alain Ronzano • N° 4-2020

We remember that, in the saga of excessive tariffs on the market for the supply of beverages to shops organized under brand names in French Polynesia, the first president of the Paris Court of Appeal, taking note of theruling of 4 June 2020 to which the Second Civil Chamber of the Court of (...)

9 Nov 2020 R

Reform: The French Senate’s Finance Committee rectifies the new simplified procedure before the French Competition Authority (DDADUE)

Alain Ronzano • N° 4-2020

Following the failure of the Joint Joint Committee and after a new reading of the text before the National Assembly, the ball is now in the court of the Senate, which apparently has no intention of aligning itself with the position of the Assembly, paving the way for a final reading of the bill (...)

5 Nov 2020 R

Effective remedy: The French Government acknowledges before the ECHR that a trade union has not benefited from an effective remedy against the decisions of the General Rapporteur of the Competition Authority allowing it to refuse or lift business secrecy (FILMM)

Alain Ronzano • N° 4-2020

On 5 November 2020, the European Court of Human Rights handed down a decision. in favour of which it takes note of the declaration by the French Government acknowledging that the Syndicat des fabricants de laines minérales manufacturées (FILMM) has not had an effective remedy against the (...)

4 Nov 2020 R

Dawn raids: The Paris Court of Appeal admits that a potential victim of anti-competitive practices is admissible to intervene voluntarily as a main witness at the stage of the procedure for contesting operations of dawn raids in competition law related infractions (Notariat Services)

Alain Ronzano • N° 4-2020

On November 4, 2020, the Paris Court of Appeal issued a decision that is of interest beyond that of the parties involved. By this orderthe Court has, as it were, closed the judicial part of the investigation phase of an ongoing case concerning anti-competitive practices that the Competition (...)

2 Nov 2020 R

Reform: The Economic Affairs Committee of the French National Assembly rectifies the new simplified procedure before the French Competition Authority (DDADUE)

Alain Ronzano • N° 4-2020

Following the failure of the Joint Joint Committee and in the context of the new reading of the text before the National Assembly, the Economic Affairs Committee, seized of the matter, examined in committee, on 4 November 2020, the draft law on various provisions for adapting to European Union (...)

29 Oct 2020 R

Competence: The Paris Court of Appeal overturns an interim measures decision by the New Caledonian Competition Authority, finding that it has no jurisdiction to hear practices relating to the operation of telecommunications networks and services because this market is subject to a legal monopoly (New Caledonian Post and Telecommunications Office / Société Calédonienne de Connectivité Internationale)

Alain Ronzano • N° 4-2020

We remember that thanks to a decision no. 2020-MC-01 of July 2, 2020The New Caledonian Competition Authority had adopted its first decision on protective measures against the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC). Strictly interpreting the exclusive rights (...)

28 Oct 2020 R

Fines: The Court of Justice of the European Union states that there is neither ’priority’ in the imposition of a fine, nor the benefit of order or discussion in the solidarity mechanism for the payment of the fine (Pirelli & C.)

Alain Ronzano • N° 4-2020

On 28 October 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 2014, to take a decision on the Commission’s decision on this (...)

27 Oct 2020 R

Interim measures: The French Competition Authority rejects for lack of evidence the referral and the interim measures requested by a travel agency denouncing various predatory practices allegedly implemented by a French airline (Travel Planet / Air France)

Alain Ronzano • N° 4-2020

On 27 October 2020, the Competition Authority issued a decision No. 20-D-15 pursuant to which it rejects as insufficiently substantiated the referral of the company Travel Planet France, a travel agency specialising in business travel and approved by IATA, which criticised the implementation by (...)

26 Oct 2020 R

Online advertising: The French Competition Authority decides, in a case of abuse of dominant position practices, to end the investigation on the merits by rejecting the referral on the grounds that the facts denounced had already been qualified and sanctioned in another decision (Amadeus)

Alain Ronzano • N° 4-2020

On 28 October 2020, the Competition Authority made public a decision No. 20-D-14 of 26 October 2020 by which it decided to terminate the investigation into the merits of the referral made in 2018 by Amadeus, in which it had denounced practices implemented by Google on the market for (...)

26 Oct 2020 R

Sanctions : The French Supreme Court is seized of a priority preliminary ruling on constitutionality concerning the conformity of Article L. 464-2, V, 2nd paragraph of the French Commercial Code (Akka)

Alain Ronzano • N° 4-2020

The Court of Cassation has just been seized of a new priority constitutionality question on the compliance of Article L. 464-2 of the French Commercial Code. This QPC relates more specifically to the provisions of the V, 2nd paragraph, of the said article, which allow the Competition (...)

15 Oct 2020 R

Fines: The Paris Court of Appeal annuls a decision of the French Competition Authority in a case of anti-competitive price fixing in the sector of public procurement for the construction of public works in France, but imposes a fine of the same amount after verification of the contributive capacities (Ordre des architectes)

Alain Ronzano • N° 4-2020

On 15 October 2020, Chamber 5-7 of the Paris Court of Appeal delivered its judgment. in the matter of the scale of prices established by the Order of Architects for the construction of public works in France. It essentially confirms the decision no. 19-D-19 of 30 September 2019.1.5 million (...)

8 Oct 2020 R

Fines: Advocate General Hogan suggests that the Court of Justice of the European Union should set aside a judgment of the General Court relating to a cartel in the steel shot sector on the ground that it infringed the principle of equal treatment in the calculation of the fine (Pometon)

Alain Ronzano • N° 4-2020

On 8 October 2020, Advocate General Gerard Hogan presented his conclusions. in Case C-440/19 (Pometon SpA v European Commission). It will be recalled that in this case, the Court of First Instance of the European Union had, by means of a judgment delivered on 28 March 2019 in Case T-433/16 (...)

5 Oct 2020 R

Inspection: The General Court of the European Union partially annuls decisions ordering inspections on the basis of suspicions of exchange of information, after a very dense judgment in which it endeavors to control the content of the evidence justifying an inspection (Casino, ITM)

Alain Ronzano • N° 4-2020

On 5 October 2020, the Court of First Instance of the European Union delivered three judgments in substantially identical terms in which it upheld the Commission’s power of inspection. However, under the terms of the judgments in Cases T-249/17 (Casino, Guichard-Perrachon and Achats (...)

5 Oct 2020 R

Competence: The Tribunal des conflits confirms the jurisdiction of the Paris Court of Appeal to rule on the publicity of provisional measures taken by the Competition Authority (Google)

Alain Ronzano • N° 4-2020

By means of a judgment of 5 October 2020the Dispute Tribunal confirmed the jurisdiction of the court to hear the dispute between Google and the Competition Authority following the provisional measures ordered in the context of Decision 19-MC-01 (Amadeus). In substance, after having obtained (...)

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° 4-2020

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)

Alain Ronzano • N° 4-2020

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 (...)

16 Sep 2020 R

Preliminary ruling: The Court of Justice of the European Union considers to be inadmissible a request for a preliminary ruling from the Spanish Competition Authority (Anesco)

Pascal Cardonnel • N° 4-2020 • pp. 198-199

Whatever the importance of a question referred for a preliminary ruling, the Court will only examine it if it comes from a ’court or tribunal of a Member State’ within the meaning of Article 267 TFEU. In the present case, the importance of the question referred to the Court in the Anesco case is (...)

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° 4-2020

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 (...)

30 Jul 2020 R

Market test: The French Competition Authority subjects to a market test the commitments proposed by a manufacturer in the toys sector (Lego)

Christophe Lemaire, Anne Dos • N° 4-2020

Seized in 2015 by Cdiscount and EMC Distribution, the French Competition Authority on 30 July this year submitted for public consultation the commitments proposed by Lego SAS ["Lego"] to remedy the competition concerns identified. The consultation was open until 15 September 2020. Review of (...)

29 Jul 2020 R

Legitimate suspicion: The First President of the Paris Court of Appeal upholds a claim of legitimate suspicion against the Polynesian Competition Authority on account of the conduct of its President and refers the case to the French Competition Authority (Wane)

Alain Ronzano • N° 4-2020

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 (...)

29 Jul 2020 R

Legitimate suspicion: The first president of the Paris Court of Appeal takes note of the decision of the French Supreme Court dated 4 June 2020 and accepts to refer a case on the ground of legitimate suspicion (Wane)

Christophe Lemaire, Anne Dos • N° 4-2020

Following the very remarkable ruling of the Court of Cassation of June 4, 2020, the First President of the Paris Court of Appeal granted a petition for legitimate suspicion, dismissed the case from the Polynesian Competition Authority and referred the case to the Metropolitan Competition (...)

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° 4-2020

24 Jul 2020 R

Recevabilité : Admissibility : The first president of the Paris Court of Appeal admits that a rapporteur of the French Competition Authority may face disqualification for lack of impartiality, but declares the application inadmissible in the present case on the ground of late application (FILMM)

Christophe Lemaire, Alexandre Marescaux • N° 4-2020

On June 4, 2020, in a very noteworthy ruling, the Second Civil Chamber of the Court of Cassation had affirmed that the Polynesian Competition Authority ["the PCA"] should be qualified as a jurisdiction when it is called upon to pronounce a sanction. Consequently, any person brought before this (...)

22 Jul 2020 R

Confidential information: The European Commission publishes a Notice to national courts to deal with the disclosure of confidential information in private enforcement of competition law

Alexandre Lacresse • N° 4-2020 • p. 200

As a follow-up to Directive 2014/104 on damages actions for anti-competitive practices, the European Commission adopted a Notice on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. Preceded by a public consultation, (...)

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° 4-2020

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

Inspections: 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° 4-2020

16 Jul 2020 R

Investigation: The Court of Justice of the European Union recognizes the European Commission’s right, under conditions, to examine in its premises copies of digital files made during a dawn raid (Nexans)

Pascal Cardonnel • N° 4-2020 • pp. 197-198

Can the Commission seize computer files during an inspection and subsequently examine them when it returns to its Brussels premises in order to extract the data relevant to its investigation? One of the protagonists in the electricity cable cartel, Nexans, contested the existence of such a (...)

16 Jul 2020 R

Leniency: The French Competition Authority withdraws for the second time a full immunity and applies the French leniency plus mechanism to the second leniency applicant (Charcuterie Cartel)

Christophe Lemaire, Anne Dos • N° 4-2020

By a decision dated 16 July 2020, the Competition Authority ["the Authority"] imposes fines of EUR 93 million on the twelve cartel participants active in the purchase and sale of pork cuts and charcuterie products. From a procedural point of view, this decision provides in particular (...)

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° 4-2020

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 (...)

8 Jul 2020 R

Dawn raids: The Paris Court of Appeal annuls the dawn raids operations carried out in 2014 at a manufacturer’s of household appliances premises after a referral from the French Supreme Court (Whirlpool)

Christophe Lemaire, Hélène Fricaudet • N° 4-2020

In a judgment dated July 8, 2020, the Paris Court of Appeal ["the Court of Appeal"] cancelled the visits and seizures carried out by the Competition Authority ["the Authority"] at Whirlpool ’s premises in 2014. On 27 and 28 May 2014, the Authority had conducted a search of the premises of (...)

1 Jul 2020 R

Suspension: The First President of the Paris Court of Appeal grants an application for a stay of execution of an injunction issued by the French Competition Authority in the restaurant vouchers case, stressing its lack of precision (Edenred, Octoplus, SNRTC)

Alain Ronzano • N° 4-2020

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° 4-2020

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 (...)

24 Jun 2020 R

Settlement: The French Supreme Court rejects any infringement of the rights of defence in the context of hybrid transaction proceedings before the French Competition Authority (Caisse des dépôts et consignations)

Christophe Lemaire, Alexandre Marescaux • N° 4-2020

By a decision dated 26 February 2015, the Competition Authority had taken up ex officio matters relating to practices implemented on the land assistance market of the public land institution of the Western Rhône-Alpes region (hereinafter ’EPORA’). The Authority was alerted by an investigation (...)

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 (...)

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