CASE COMMENTS: CARTELS - FRANCE - SINGLE AND CONTINUOUS INFRINGEMENT - NON-CONTESTATION OF GRIEVANCES - ENFORCEABILITY - PRESUMPTION OF INNOCENCE

Non-contestation of grievances: The Paris Court of Appeal invokes the presumption of innocence to reject the enforceability of a decision not to contest the objections against companies that have not made this procedural choice (Manpower case law), but nevertheless essentially confirms the sanctions imposed by the Competition Authority in one of the aspects of the chemical commodities case (Brenntag)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The case of the chemical commodities cartel, which began in 2013 with Decision No. 13-D-12, continues to make headlines and its various developments will have greatly contributed to progress in the debates on, in particular, respect for the rights of the defence (see CA Paris, 2 February 2017, GEA Group, Brenntag et. al. , RG 13/13.058 and C. Cass. 10 July 2018, appeals Q 17-13.973 and W 17-14.140). This is also the case of the commented judgment, by which the Paris Court of Appeal decided to depart from the Manpower case law of the Court of Cassation (Cass. com., 29 March 2011, No. 10-12.913 and 10-13.686), according to which the recourse by certain

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Michel Debroux, Non-contestation of grievances: The Paris Court of Appeal invokes the presumption of innocence to reject the enforceability of a decision not to contest the objections against companies that have not made this procedural choice (Manpower case law), but nevertheless essentially confirms the sanctions imposed by the Competition Authority in one of the aspects of the chemical commodities case (Brenntag), 3 December 2020, Concurrences N° 1-2021, Art. N° 99117, pp. 120-121

Visites 134

All reviews