ARTICLE - ANTITRUST CASE LAW - PARIS COURT OF APPEAL - FRENCH COMPETITION COUNCIL - 2003 / 2006 - TENDENCY TO A REGULATORY ROLE OF THE COURT - INTERIM MEASURES - COMPLIANCE WITH REMEDIES

The antitrust case law of the Paris Court of Appeal: From judicial review to regulation ?

The case law decided by the Court of Appeal of Paris on antitrust cases decided by the French Competition Council raised many new legal issues between 2003 and 2006. This contribution focuses on some illustrations on a global tendency leading to a genuine regulatory role of the Court of Appeal of Paris which is noticeable for interim measures or proceedings relating to compliance with remedies.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. "We both come to drink from the same fountain, Kings in the same places, I leave him the woods, the mountains and the plain, And I keep the heavens."Victor Hugo, Les Contemplations 1. The Paris Court of Appeal was given jurisdiction by the Act of 6 July 1987 to review the decisions of the Competition Council. From this point of view, it occupies an original place in the judiciary. 2. It exercises legality control over administrative acts and the technique of its control is not very far removed from that of an action for abuse of power. At the same time, within the framework of its power of reform, it has the possibility of substituting its own decision

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  • Orrick, Herrington & Sutcliffe (Paris)

Quotation

Michel Roseau, The antitrust case law of the Paris Court of Appeal: From judicial review to regulation ?, September 2007, Concurrences N° 3-2007, Art. N° 13815, pp. 72-80

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