CASE COMMENTS: PROCEDURES – FRANCE – ADVERSARIAL PRINCIPLE – ECONOMIC ANALYSIS – ORAL PRESENTATION SESSION – POST-HEARING SUBMISSIONS

Adversarial principle: The Paris Court of Appeal clarifies the conditions for the application of the adversarial principle when new evidence is presented in session by the investigating services (Laïta)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment handed down by the Paris Court of Appeal on 23 May 2017 in the yoghurt cartel case has already attracted attention because of the importance of the Court's reduction in the amount of the penalty. Among the pleas in law raised in these proceedings, one in particular stands out, since it led the Court to annul the penalty imposed on five undertakings. That plea was based on a breach of the right to be heard and of the rights of the defence. It concerned the way in which the Authority had enabled the defendant companies to respond to a new analysis of the damage to the developed economy made in the course of the proceedings by the investigation

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Christophe Lemaire, Adversarial principle: The Paris Court of Appeal clarifies the conditions for the application of the adversarial principle when new evidence is presented in session by the investigating services (Laïta), 23 May 2017, Concurrences N° 3-2017, Art. N° 84595, pp. 140-141

Visites 208

All reviews