CASE COMMENT : ANTICOMPETITIVE PRACTICES - INVESTIGATION PROCEDURE - OBSERVANCE OF THE RIGHTS OF DEFENSE
Investigation procedure: The French Supreme Court rules on investigation proceedings from the Competition Council (“Secteur des escaliers préfabriqués en béton”)
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In Decision No. 03-D-96 of 3 March 2003, the Competition Council found against the main suppliers of prefabricated concrete staircases in the Paris region and the Centre region for sharing the markets and fixing their prices in a concerted manner within the "staircase clubs" set up in each of those regions. It imposed financial penalties ranging from EUR 10 000 to EUR 675 000.
Several convicted companies have appealed to the Paris Court of Appeal. On 25 November 2003, the Court of Appeal dismissed the appeals except in the case of two companies, for which it limited the penalties.
The convicted companies then filed an appeal in cassation, alleging,
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