CASE COMMENT: ANTICOMPETITIVES PRACTICES - EVIDENCE - RIGHTS OF DEFENCE

Right of defence: The Paris Court of Appeal refuses to dismiss evidence based on recorded messages obtained unfairly, in the name of the protection of economic public order (Philips)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CA Paris, 1st ch. H, 29 April 2009, Sony, Philips and others.on remand after cassation, against Cons. conc. 05-D-66 of December 5, 2005, Consumer Electronics Products Sector Despite the cassation of its judgement on 3 June 2008 for failure to respect the right to a fair trial in the consumer electronics case (see ConcurrencesNo. 3-2008, chronicles Agreements and Procedures Preuve : La Cour de cassation juge déloyaux les enregistrements sonores réalisés à l'insu de l'auteur des propos tenus (Sony France et Philips France)), the Paris Court of Appeal did not rule out in its new decision telephone recordings made by a company without the knowledge of the

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Laurence Nicolas-Vullierme, Right of defence: The Paris Court of Appeal refuses to dismiss evidence based on recorded messages obtained unfairly, in the name of the protection of economic public order (Philips), 29 April 2009, Concurrences N° 3-2009, Art. N° 28172, pp. 82-83

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