The right of interested third parties to appeal against commitment decisions of the French Competition Authority

The decisions of the French Competition Authority accepting antitrust commitments are likely to have an impact on the legal and economic situation of various operators on the market. Thus, both the complainant company and the co-contracting companies of the undertaking company and, more broadly, third party companies operating on the market in question, may see their interests affected. However, in France, only some of them are allowed to challenge such a decision before the competent court. Indeed, the right of interested third parties to appeal against commitment decisions, which has been recognised on several occasions by the European courts, does not seem to be guaranteed in the same way in French law. However, insofar as this would make it possible to subject these decisions to effective judicial review and preserve adequate protection of the procedural rights and interests of third parties taking part in the investigation, it would seem that it would be necessary to envisage an evolution of French procedural law towards a liberalisation of access to the judge.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. More than ten years after its introduction in French law [1], the commitments procedure in antitrust law continues to raise questions, particularly with regard to the situation of interested third parties. These questions are all the more topical as European litigation [2], unlike domestic litigation, has not dried up in this area, and the Court of Justice, in its most recent rulings, seems to be outlining the relative effect of the Commission's decisions to accept commitments on interested third parties [3]. 2. At the same time, at the French level, this procedure, whose leitmotiv is the consensual and rapid restoration of the competitive balance,

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Loraine Donnedieu de Vabre-Tranié, Morgan de Walsche, The right of interested third parties to appeal against commitment decisions of the French Competition Authority, November 2022, Concurrences N° 4-2022, Art. N° 109202, www.concurrences.com

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