CASE COMMENTS : PROCEDURES – ACCESS TO FILE – SECRECY OF PROCEEDINGS – ARTICLE L.463-6 OF THE FRENCH COMMERCIAL CODE – ARTICLE 138 OF THE CODE OF CIVIL PROCEDURE

Access to file: The Paris Commercial Court dismisses the objections of the French Competition Authority and maintains its order to disclose documents collected in the context of commitments proceedings in order to rule on a damage action (Ma Liste de Courses/Highco, DKT International/Eco-emballages and Valorplast)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The issue of the use (or communication) before the civil court of documents from the Competition Authority's file is undoubtedly growing in importance, as the recent judgments of the 15th Chamber of the Paris Commercial Court dated March 16, 2012, further demonstrate. The first concerns the civil consequences of the electronic coupons case, which resulted in commitments (Aut. conc., Dec. No. 10-D-20 of 25 June 2010 on practices implemented in the coupon sector).). It will be recalled that the Paris Commercial Court had ordered the Authority to provide it with documents from the investigation file on the basis of Article 138 of the Code of Civil Procedure

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Access to file: The Paris Commercial Court dismisses the objections of the French Competition Authority and maintains its order to disclose documents collected in the context of commitments proceedings in order to rule on a damage action (Ma Liste de Courses/Highco, DKT International/Eco-emballages and Valorplast), 16 March 2012, Concurrences N° 2-2012, Art. N° 45885, pp. 142-145

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