CASE COMMENT: MERGERS (FRANCE) - SUSPENSION - OPINION OF THE NATIONAL COMPETITION AUTHORITY IN A MERGER PROCEDURE

Suspension: The French Council of State disrupts national merger control by an innovative decision to refer a case to the Conseil de la concurrence in an appeal procedure (CCMX/Cegid)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, Order of 19 May 2005, Société Fiducial Informatique and Société Fiducial Expertise, No. 279697. CE, 20 July 2005, Société Fiducial Informatique and Société Fiducial Expertise, n° 279180 By two successive decisions, one in summary proceedings, the other on the merits, in the same case, the Conseil d'État introduced two upheavals in the merger control regime instituted by the NRE law of 2001. 1. The Order of the Council of State of 19 May 2005 is of major interest in merger control litigation since, for the first time, the judge in chambers of the Council of State has decided, pending a decision on the merits, to suspend a ministerial authorisation of a

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  • Freshfields Bruckhaus Deringer (Paris)

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Jérôme Philippe, Suspension: The French Council of State disrupts national merger control by an innovative decision to refer a case to the Conseil de la concurrence in an appeal procedure (CCMX/Cegid), 20 July 2005, Concurrences N° 3-2005, Art. N° 1096, pp. 93-95

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