CASE COMMENTS: PROCEDURES – FRANCE – DECISION ORDERING FURTHER INVESTIGATIONS – EQUALITY OF ARMS – IMPARTIALITY PRINCIPLE – ADVERSARIAL PRINCIPLE

Adversarial principle: The Paris Court of Appeal rules that a decision of the French Competition Authority’s College ordering further investigations in order to allow the investigation services to remedy an omission in the case file provided to the parties does not breach any procedural rule (GIF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment of 18 January 2018 handed down on appeal against the decision of the Competition Authority ('the Authority') in the Professional Kitchen Equipment case (on this decision, see, Ch. Lemaire, S. Naudin, The Competition Authority publishes - seven months after their adoption - its first two decisions on the formal implementation of the 'Macron' transaction (Eurochef, GAFIC, GIF), 13 April 2016, Concurrences No. 1-2017, Art. 83321, pp. 191-192.), the Paris Court of Appeals approved the panel's unusual use of the reference to the investigation provided for in article R. 463-7 of the Code of Civil Procedure, which was used in this case, not to

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Adversarial principle: The Paris Court of Appeal rules that a decision of the French Competition Authority’s College ordering further investigations in order to allow the investigation services to remedy an omission in the case file provided to the parties does not breach any procedural rule (GIF), 18 January 2018, Concurrences N° 2-2018, Art. N° 86991

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