CASE COMMENTS: MERGER - COLLECTIVE DOMINANT POSITION

Collective dominant position: The French Council of State confirms the Minister’s decision having cleared a merger in the audit and accountancy sector and applies the EC criteria for collective dominant position (Fiducial Audit et Fiducial Expertise ; Deloitte/BDO Marque et Gendrot)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, 31 July 2009, Fiducial Audit and Fiducial Expertise, No. 305903; against Min. éco, 15 December 2006, Deloitte/BDO Marque et Gendrot, aff. C2006-91 There have been few judgments of the Conseil d'Etat in merger control cases. What is more, the Conseil d'Etat rules on an important issue, that of collective dominance. It therefore deserved to be reported in these columns, even if the solutions it comes up with are not strictly speaking revolutionary. The Supreme Court was seized of an appeal lodged by the companies Fiducial Audit and Fiducial Expertise against the decision of the Minister of the Economy dated December 15, 2006 authorizing the acquisition

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  • Clifford Chance (Paris)

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David Tayar, Collective dominant position: The French Council of State confirms the Minister’s decision having cleared a merger in the audit and accountancy sector and applies the EC criteria for collective dominant position (Fiducial Audit et Fiducial Expertise ; Deloitte/BDO Marque et Gendrot), 31 July 2009, Concurrences N° 4-2009, Art. N° 29211, pp. 134-136

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