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CASE COMMENTS: PROCEDURES - ARTICLE L. 463-6 - PRIVILEGE OF THE PROCEEDINGS BEFORE THE COMPETITION AUTHORITY - SUBMISSION OF EVIDENCE IN CIVIL PROCEEDINGS

Scope of the privilege of proceedings : The French Court of cassation rules on the scope of the privilege of proceedings before the Competition authority in the context of proceedings before civil Courts (Semavem c/ JVC)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While the scope of the secrecy of criminal investigations has been the subject of extensive case law, the exact scope of the secrecy of the investigation before the Competition Authority guaranteed by Article L. 463-6 of the French Commercial Code had never, to our knowledge, been specified by the French Supreme Court before its ruling of January 19, 2010. Under article L. 463-6, "the disclosure by one of the parties of information concerning another party or a third party of which it has become aware only as a result of the communications or consultations that have taken place shall be punishable by the penalties provided for in article 226-13 of the

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Scope of the privilege of proceedings : The French Court of cassation rules on the scope of the privilege of proceedings before the Competition authority in the context of proceedings before civil Courts (Semavem c/ JVC), 19 January 2010, Concurrences N° 2-2010, Art. N° 31150, pp. 136-137

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