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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts 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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Marie Koehler de Montblanc, 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), 28 February 2006, Concurrences N° 2-2006, Art. N° 27335, www.concurrences.com

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