PRACTICES: INVESTIGATIONS - CONFIDENTIALITY - CASE LAW - UPDATE

Update of competition investigations in the EU and in France

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

In the period covered by the present article, several European court cases may be mentioned, including the Orange, Nexans and EPH court decisions. The European Court for Human Rights also delivered a ruling in the Delta Pekarny case concerning the requirement of judicial review. In France, the most important recent development is the announcement that the practice of authorities has been adpated to place under provisional seals information gathered containing information covered by the legal professional privilege. The article also reports on a number of Supreme Court decisions (Saint Gobain, Silim, Fleury Michon) and published appeal rulings (SRR).

NDLA: Mrs Virginie Beaumeunier, General Rapporteur of the Competition Authority is not herself a signatory of the article referred to in points 56 and following above. She spoke on the subject at the seminar on Procedure & Competition on 2 July 2015..

1. There will undeniably be a before and after 2014 in the visits and seizures of competition in France. 2. The development that we have been calling for for many years[Computer data entry in France after the evolution of the Commission's methodology: Finally some light at the end of the tunnel?, p. 216.]] and that we thought was finally taking shape in our previous news review[Update on competition investigations in the European Union and in France (September 2013 - April 2014), p. 237.]] is now fully confirmed: the Competition Authority and the DGCCRF have publicly announced that they would accept provisional sealing when data seized during a visit are likely to contain information that falls within the scope of solicitor/client [1]privilege . 3. This will make it possible to put

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

Quotation

Nathalie Jalabert-Doury, Update of competition investigations in the EU and in France, May 2015, Concurrences N° 2-2015, Art. N° 72129, pp. 225-231

Visites 1199

All reviews