CASE COMMENTS: PROCEDURES – FRANCE – ANTICOMPETITIVE PRACTICES – BUSINESS SECRET – DISCLOSURE DECISION – DUTY TO MOTIVATE

Business secrets: The French Supreme Court clarifies the conditions under which the General Rapporteur of the French Competition Authority may disclose business secrets, in particular with respect to the obligation to state reasons (General Import, Randstad)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 29 January 2020, the Court of Cassation handed down two judgments specifying the obligations incumbent on the Authority's General Rapporteur when he decides to lift the protection previously granted to documents in the investigation file under the secrecy of business. Although the facts underlying the two judgments handed down by the Commercial Chamber of the Court of Cassation on 29 January 2020 are distinct, they both concern appeals against orders of the First President of the Paris Court of Appeal handed down in the context of appeals against decisions by which the Authority's General Reporter and his deputy downgraded various information

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Christophe Lemaire, Hélène Fricaudet, Business secrets: The French Supreme Court clarifies the conditions under which the General Rapporteur of the French Competition Authority may disclose business secrets, in particular with respect to the obligation to state reasons (General Import, Randstad), 29 January 2020, Concurrences N° 2-2020, Art. N° 94924, pp. 162-164

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