Current developments in European and French antitrust investigations (June - December 2017)

This article provides an update on the rules applying to antitrust investigations carried out by DG COMP and the French competition authorities. The new rules, case law and agency initiatives in that field over the past six months are covered. At the EU level, the Intel Court ruling on the conditions in which the Commission can carry out interviews is worth mentioning. At the French level, the update covers the first obstruction decision of the French Competition Authority (Brenntag decision) and a number of court decisions of interest including one on the legal privilege (Whirlpool decision in the white goods case), one on the right to remain silent (Charles Faraud decision in the fruit sauce case) and one on the judicial review of investigations without warrants (SCET decision in the EPORA case).

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. In the area of competition investigations, the last six months have given rise to interesting developments in case law, particularly at the French level. 2. Several judgments have first of all made it possible to clarify the contours of the notion of document covered by solicitor-client privilege and the consequences in the event of seizure of documents that are actually covered, these subjects remaining rather vague and even fluctuating in case law. While the clarification of certain orders is welcome, others call for some reservations, particularly when it comes to clear breaches of privilege in the case of applications for the application of

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Nathalie Jalabert-Doury, Current developments in European and French antitrust investigations (June - December 2017), February 2018, Concurrences N° 1-2018, Art. N° 85719, pp. 226-231

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