Fairness of evidence : The Paris Court of Appeal resists the Cour de Cassation’s ruling on the fairness of evidence in competition law (Philips France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Paris Court of Appeal, 29 April 2009, RG n° 2008/11907, Sté Philips France Facts A retailer of consumer electronics products had filed a complaint with the Competition Board, alleging that its suppliers were charging suggested prices that constituted an anti-competitive agreement. In support of his request, he produced audio cassettes containing the recordings of conversations he had held with them, together with their transcripts. Considering that the cartel was characterized, the Competition Council had pronounced financial penalties of 16 million euros against each of the suppliers. In a judgment of 3 June 2008, the Court of Cassation overturned and