LEGAL PRACTICE: PROCEDURES - ANTITRUST INVESTIGATIONS - FONDAMENTAL RIGHTS - DELIVERY OF DOCUMENTS

Current developments in European and French antitrust investigations (October 2016 – May 2017)

This article provides an update on the rules applying to antitrust investigations carried out by DGCOMP and the French Competition Authorities. The new rules, case law and agency initiatives in that field over the past eight months are covered. At the EU level, the Commission notably published its ECN+ proposal for a directive to empower the national competition authorities to be more effective enforcers. At the French level, a number of decisions of interest have been delivered, including the decision of the ECHR in the Janssen Cilag case concerning IT seizures, the aftermath of the Brenntag case on the absence of judicial review concerning investigation powers exercised without a warrant, and the Novartis and Carrefour judgments, that are of particular interest in relation to the procedure of temporarily closed seals.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The subject of the investigative powers of the competition authorities is constantly being renewed. It is a seemingly inexhaustible source of friction between the procedural rights of companies and the effectiveness of the authorities' action. The lines are constantly shifting and this topical review is no exception. 2. Firstly, the Commission has finally made public its proposal for an ECN+ Directive aimed at establishing a common procedural basis at the level of national authorities. This is an interesting initiative, which remains rather disappointing in the area of companies' procedural rights, as the Commission has focused almost exclusively on

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Nathalie Jalabert-Doury, Current developments in European and French antitrust investigations (October 2016 – May 2017), September 2017, Concurrences N° 3-2017, Art. N° 84411, pp.195-202

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