Evidence: The Court of Cassation rules that sound recordings carried out without the knowledge of the author of the sound is unfair means of evidence (Sony France et Philips France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, June 3, 2008, Sony France and Philips France, No. 07-17.147 and 07-17.196, Consumer Electronics Products affair. The Court of Cassation was called upon to rule, in a long-awaited decision, on the question of whether recordings of telephone conversations made without the knowledge of the author of the comments and produced by the person bringing the case before the Competition Council were admissible as evidence of an anti-competitive practice. It will be recalled that the Competition Council had admitted these recordings on the grounds that the procedure applicable before it was autonomous from civil and criminal proceedings, that the