CASE COMMENT : ANTICOMPETITIVE PRACTICES - PENALTY - TRANSFER OF BUSINESS- ECONOMIC AND FUNCTIONAL CONTINUITY
Accountibility anticompetitive practices : The French Supreme Court upholds that when the business which committed anticompetitive practices disappears, the firm which assumes the economic and functional continuity may be sanctioned (EFS)
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The Reims Bio company, whose business is the development, processing and sale of blood products, obtained its supplies from the Champagne-Ardennes Public Interest Group (GIPCA), a blood transfusion establishment under the supervision of the French Blood Agency (AFS).
As the agreement for the sale of blood products concluded between Reims Bio and GIPCA has not obtained the approval of the AFS required by law, GIPCA has interrupted its deliveries.
The company Reims Bio then referred the matter to the Competition Council, accusing GIPCA of having abused its dominant position on the market for raw blood products for therapeutic use and of having abused
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