CASE COMMENTS: MERGERS – ADMISSIBILITY – APPEAL

Acts of "Soft law": The French Supreme Administrative Court outlines that any position statement of the French Authority that could have significant economic effects can be challenged in Court (Numéricable)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 21 March 2016, the Council of State handed down two judgments of principle on the admissibility of appeals against so-called "soft law" acts adopted by independent administrative authorities. One of these two cases concerned the interpretation of an injunction issued to Canal Plus Group ("GCP") by the French Competition Authority in Decision No. 12-DCC-100 of July 23, 2012 relating to the acquisition of exclusive control of TPS and CanalSatellite by Vivendi and Canal Plus Group.. This injunction required GCP to "value in a transparent and distinct manner the distribution on each platform owning[ broadcasting] rights by precisely identifying

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Olivier Billard, Guillaume Fabre, Acts of "Soft law": The French Supreme Administrative Court outlines that any position statement of the French Authority that could have significant economic effects can be challenged in Court (Numéricable), 21 March 2016, Concurrences N° 2-2016, Art. N° 79461, pp. 143-144

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