Burden of proof: The French Supreme Court annuls the order of the first president of the Paris Court of Appeal, who had himself annulled the search and seizure operations, and recalls the discretionary power of the general rapporteur in the submission of evidence to obtain such authorization (Autorité de la concurrence / Swarovski France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In this case, the general rapporteur of the French Competition Authority had referred to the liberty and custody judge [hereinafter, the "JLD"], by request dated June 25, 2019, a request for authorization of visit and seizure operations [hereinafter, "OVS"] at the premises of Swarovski France and its group companies, for the purpose of establishing whether they were engaging in cartel practices and abuse of dominant position. By order of July 1, 2019, the JLD authorized these operations, which took place on July 2 and 3. The first president of the Paris Court of Appeals cancelled the searches on the basis of an appeal by the companies visited concerning

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Hélène Fricaudet, Christophe Lemaire, Burden of proof: The French Supreme Court annuls the order of the first president of the Paris Court of Appeal, who had himself annulled the search and seizure operations, and recalls the discretionary power of the general rapporteur in the submission of evidence to obtain such authorization (Autorité de la concurrence / Swarovski France), 19 October 2021, Concurrences N° 1-2022, Art. N° 105596, pp. 168-169

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