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Category Archives: French Developments

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The Case of Ophthalmic Drugs in Italy and France: A Lesson to Learn – Parallel Antitrust Investigations and Cooperation Between National Competition Authorities

Posted in French Developments, Healthcare Antitrust, Italian Developments

The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the cooperation that takes place between national competition authorities. International groups should therefore take into account all the jurisdictions where they have a presence or do business when developing their antitrust audit and [...]

Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

Posted in French Developments

by Louise-Astrid Aberg, Lionel Lesur and Philipp Werner The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France.  The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which [...]

National Competition Authorities in Europe are Not Bound by The European Commission de Minimis Notice

Posted in EC Developments, French Developments

by Philipp Werner and Wilko van Weert On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition rules, and fine companies for an infringement of EU rules, even in cases where the European Commission considers that Article 101(1) Treaty on the functioning [...]

Antitrust Inspections in The Energy Exchange Market

Posted in EC Developments, Energy/Commodities, French Developments, German Developments

by David Henry and Philipp Werner On February 7, the European Commission (EC) and the European Free Trade Association (EFTA) Surveillance Authority conducted unannounced inspections in the energy exchange market.  Representatives of Nord Pool Spot (Lysaker, Norway) and EPEX Spot (Paris, France and Leipzig, Germany) announced that the companies were subject to inspections.  It is [...]

FCA’s New Policy Provides Strong Incentives For Compliance Program Adoption

Posted in French Developments

by Lionel Lesur and Louise-Astrid Aberg Following up on our prior post, on February 10, 2012, the French Competition Authority (FCA) published the final version of its framework document on compliance programs and of its Notice relating to settlements. First, the FCA decided that the Notice of Settlement would have the legal status of a [...]

European Developments: French Competition Authority Launches Public Consultation on Settlement and Compliance Programs and Italy’s Prime Minister Announces New Cabinet

Posted in Cartel Enforcement, EC Developments, French Developments, Italian Developments, Monopolization/Abuse of Dominance

Public Consultation on Settlement and Compliance Programs Launched by the French Competition Authority by Louise-Astrid Aberg and Lionel Lesur On October 14, the French Competition Authority (FCA) launched a two-month public consultation for guidelines on settlement and compliance programs.  Both these guidelines have been highly anticipated since they were first announced last May. The draft [...]

French Court Orders French Competition Authority to Disclose Antitrust Investigation Documents

Posted in French Developments

by Louise-Astrid Aberg and Lionel Lesur The Commercial Court in Paris has once again ordered the French Competition Authority (the Autorité de la concurrence, the "FCA") to disclose documents in its file regarding an antitrust investigation on private damages.  However, the new decision, allows for the disclosure on a different procedural setting and on different grounds than [...]

French Court Orders French Competition Authority to Disclose Antitrust Investigation Documents

Posted in French Developments

by Philipp Werner and Lionel Lesur On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action.  This order could significantly strengthen the position of claimants in [...]

Withdrawal of Clearance Decision and EUR 30 million Fine Against Canal Plus for Unfulfilled Merger Clearance Commitments

Posted in French Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance

by Louise-Astrid Aberg and Lionel Lesur The French Competition Authority has taken a hard stance by withdrawing its authorization of French broadcaster Canal Plus’ purchase of rival commercial television company TPS, formerly the two most powerful players on the pay TV market.  This decision reasserts the importance of respecting imposed remedies.  In this case, Canal Plus was sanctioned with [...]

Access to Cartel Settlement Documents for Plaintiffs in France

Posted in Cartel Enforcement, French Developments

by Philipp Werner and Lionel Lesur A French court has added another layer of complexity to cartel cases in the European Union.  The Commercial Court in Paris has ordered the French competition authority to disclose documents relating to an antitrust investigation.  The order concerns non-confidential versions of written and oral statements gathered during the investigation. The [...]