CASE COMMENTS: PROCEDURES - ANTICOMPETITIVE PRACTICES - TRANSACTION PROCEDURE - SIMPLIFIED PROCEDURE - CUMULATIVE IMPLEMENTATION

Transaction: The Court of Cassation validates the Competition Council reasoning in the case of a cumulative implementation of the transaction procedure and the simplified procedure (Pompes funèbres)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Court of Cassation, Opinion No. 0050006, 11 July 2005 Facts Following a complaint lodged by Pompes funérabres privées marbrerie Lamotte et fils against practices implemented in the Val de Marne by Pompes funérabres générales, now O.G.F., the Competition Council (the Council) notified the latter of grievances concerning the basis of Article L. 420-2 of the French Commercial Code. On March 9, 2004, the Chairman of the Board decided to have the case tried without a report, pursuant to the provisions of Article L. 463-3 of the French Commercial Code. By decision no. 04-D-37, the Board, in order to impose a sanction of 76,224 euros on O.G.F., decided that : "The

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Karine Biancone, Transaction: The Court of Cassation validates the Competition Council reasoning in the case of a cumulative implementation of the transaction procedure and the simplified procedure (Pompes funèbres), 11 July 2005, Concurrences N° 4-2005, Art. N° 27266, www.concurrences.com

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