Confusion between public service and commercial operations: The French Competition Council strikes commercial practices of a public funeral operator causing confusion among consumers as to the distinction between provision of public service and commercial operations (Public funeral operator sector)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cons. conc. dec. no. 08-D-09 of 6 May 2008 relating to practices implemented in the funeral sector in Lyon and its suburbs This is far from being the first time that common business practices of a former monopoly holder of the public funeral service have been considered abusive. The Bodson judgment (ECJ, 4 May 1988, Bodson, 30/87, ECR p. 2479) has already had a long national legacy (see, in particular, with regard to similar practices Cass. com., 9 May 2001, Bull. IV No. 85 p. 81; Decision No. 04-D-70 of 16 December 2004 concerning practices implemented in the funeral sector in the Saint-Germain-en-Laye region. Decision no. 04-D-37 of 27 July 2004