CASE COMMENTS: REGULATORY - MERGER

Financial markets - Merger: The Council of State rules against contradictory procedure when regulatory body acts as expert by the Court (CEGID/CCMX)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

The Council of State limits the requirements for respecting the contradictory nature of the procedure when a regulatory authority is seized for an opinion by the judge.

CE, 13 February 2006, Société Fiducial informatique and Société Fiducial expertise, n° 279180 The above-mentioned judgment of the Conseil d'État will no doubt give rise to comments on its content, as it had already provoked by the judgment before it, which had shown the value attributed by the administrative court to independent merger control, rather than to its still suspected exercise of complacency by the Minister of the Economy. When the proposed takeover in the computer accounting sector was referred to the Minister, he ruled on the project without the opinion of the Competition Council, and at the request of competitors who considered themselves threatened by this concentration, the Conseil d'État, by a decision of 20 July 2005, made it clear to the Minister that the Competition

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

  • French State Council (Paris)

Quotation

Thierry Tuot, Financial markets - Merger: The Council of State rules against contradictory procedure when regulatory body acts as expert by the Court (CEGID/CCMX), 13 February 2006, Concurrences N° 2-2006, Art. N° 836, pp. 154-155

Visites 3791

All reviews