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 in French, 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

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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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