CASE COMMENT : COMPETITION – ANTI COMPETITIVE PRACTICES – CIVIL ACTION – INVESTIGATION SECRECY – NOTION OF DISCLOSURE (ARTICLE L. 463-6 OF THE FRENCH COMMERCIAL CODE)

Investigation secrecy : The French Commercial Court of Paris admits the production of the exhibits gathered by the French Competition Authority (Outremer Télécom/Orange Caraïbe et France Télécom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Paris Commercial Court, 8 November 2011, Outremer Télécom v Orange Caraïbe and France Télécom, RG n° 2010073867 Facts The incumbent telephone operator and one of its subsidiaries had been convicted by the French Competition Authority for abuse of a dominant position; a conviction upheld by the Paris Court of Appeal. One of the operators, a party to both proceedings, subsequently sought compensation for the damage resulting from this anti-competitive practice. Before the commercial court, the incumbent operator and its subsidiary produced several documents from the file of the investigation by the Competition Authority. Denouncing a violation of the secrecy of

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Marie Koehler de Montblanc, Investigation secrecy : The French Commercial Court of Paris admits the production of the exhibits gathered by the French Competition Authority (Outremer Télécom/Orange Caraïbe et France Télécom), 8 November 2011, Concurrences N° 1-2012, Art. N° 42811, www.concurrences.com

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