On June 9, 2023, following an in-depth investigation, the Commission approved Vivendi’s acquisition of Lagardère (the “Transaction”), subject to divestment conditions.[1]
The French Conseil Constitutionnel Decides in Favour of Constitutional Right of Appeal of FCA’s Decisions Rejecting Commitments During Antitrust Proceedings
On February 10, 2023, the French Constitutional Council (“Conseil constitutionnel”) considered that the second sentence of Article L. 464-2, I, paragraph 1 of the French Commercial Code, which provides that the French Competition Authority (“FCA”) may accept commitments in the context of antitrust litigation proceedings, but says nothing about its power to refuse them, complies with the French Constitution and, on this occasion, confirmed that companies can lodge appeals again FCA decisions rejecting suggested commitments.[1]
The Paris Court of Appeals Quashes the French Competition Authority Decision Fining Three Pharmaceutical Companies for Alleged Collective Dominance Practices
On February 16, 2023, the Paris Court of Appeals overturned the French Competition Authority (the “FCA”) decision which
The French Competition Authority provides its opinion on certain provisions of a French draft law aimed at securing and regulating the digital space
On April 20, 2023, the French Competition Authority (the “FCA”) issued an opinion on three articles of an incoming French law aimed at securing and regulating the digital space (the “French draft legislation”), pending the coming into force of EU-wide rules (the “European Data Act”).[1]
Selective Distribution: Lack of Mutual Trust as a Valid Reason for Refusing to Reappoint a Distributor
On February 16, 2022, the Cour de cassation confirmed that lack of mutual trust is a valid reason for a supplier to refuse to reappoint a former member of its selective distribution network, upholding an important decision of the Paris Court of Appeals in the automotive industry.[1]