LEGAL PRACTICE: REFORM OF 13TH NOVEMBER 2008 - INSPECTIONS - JUDICIAL AUTHORIZATION - FUNDAMENTAL RIGHTS - SUBSTANTIVE CONDITIONS - NECESSITY AND PROPORTIONALITY

Competition inspections proceedings: Case law of the Paris Court of Appeal

The review of inspections conducted by the French competition authority has been improved by the 13th November 2008 reform. Besides the formal conditions of the written judicial authorization, the new rules require that its substantial content is strengthened. The Court of appeal controls in depth that the measures, which by nature hinders fundamental rights, abide by the necessity and proportionality criteria.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The reform initiated by the Order of 13 November 2008 [1] opened up a new avenue of appeal for companies by allowing them to appeal against the Order authorising home visits and seizures in competition matters - and no longer only to the Court of Cassation - as well as by organising an appeal at second instance - and no longer before the judge of freedoms - against the conditions and the minutes of the visit. The First President is normally competent, but the Chamber of Regulation may also, as a transitional measure, be referred [2]to the Chamber when the Competition Authority's decision is being examined. Thus, the legislator wanted to guarantee more

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Authors

  • French Cour de cassation (Paris)
  • Reseau de transport d’electricite (RTE)

Quotation

Thierry Fossier, Claire Tordjman, Competition inspections proceedings: Case law of the Paris Court of Appeal, September 2010, Concurrences N° 3-2010, Art. N° 31853, pp. 197-201

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