CASE COMMENTS : PROCEDURES – FAIR TRIAL – SEPARATION OF PROSECUTION AND DECISIONAL POWERS

Fair trial: The French Competition Auhtority approves the first referral of a case by the Minister of Economy without prior report and considers that the presence of the CEO of the plaintiff in the College at the beginning of the investigation is compatible with the right to a fair trial (Kiala)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Aut. conc,. dec. no. 11-MC-01 of 12 May 2011 relating to the request for interim measures submitted by Kiala France and Kiala SA in the parcel delivery sector (See also, supra, "Unilateral Practices" column, obs. A.-L. Sibony) There are two procedural issues in this case, which originated in a referral from the Minister for Economic Affairs, followed by a complaint and a request for precautionary measures from the company Kiala, and in which La Poste and the company Mondial Relay are accused of predatory practices on the parcel delivery market. Since the LME reform, the Minister may refer to the Authority "facts

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Fair trial: The French Competition Auhtority approves the first referral of a case by the Minister of Economy without prior report and considers that the presence of the CEO of the plaintiff in the College at the beginning of the investigation is compatible with the right to a fair trial (Kiala), 12 May 2011, Concurrences N° 3-2011, Art. N° 38100, p. 191

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