In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
The Paris Court of Appeals reduces the fine imposed on exclusive champagne importer in overseas territory on account of strong inter-brand competition
On June 9, 2022 the Paris Court of Appeals partially reversed an FCA prohibition decision following an appeal by wine importer Distillerie Dillon SAS (“Distillerie Dillon”) and its parent companies Bardinet SAS and Compagnie Financière Européenne de Prises de Participation SA (together, the “Appellants”). The FCA decision, issued on October 29, 2020, sanctioned the Appellants as well as several wine producers and importers, including Champagne Nicolas Feuillatte (“CNF”), for participating in an exclusive importation system for champagne in several overseas French territories.
The French Competition Authority Applies the “Failing Firm” Defense for the First Time
On April 28, 2022, the French Competition Authority (“FCA”) unconditionally cleared the acquisition of home furnishing retailer Conforama
The European Commission approved an ambitious French aid plan for RDI
On April 27, 2022, the European Commission (the “Commission”) approved a State aid scheme of €700 million of the French State “to support research, development and innovation projects by companies of all sizes and active across all sectors”[1] (the “French Scheme” or the “Scheme”). The French authorities estimate the number of beneficiaries of the scheme to range between 11 and 50 companies.[2] The scheme will be in place until December 31, 2023.
The French Cour de cassation clarifies the scope of French legal privilege in the context of dawn raids
On April 20, 2022, the Cour de cassation, the French Supreme Court, upheld the judgment of the First President of the Paris Court of Appeal validating dawn raids carried out by the French Competition Authority (“FCA”) in the wine and spirits sector in 2019. The Cour de cassation held that the scope of the French legal professional privilege (“LPP”) (secret professionnel) is not limited to attorney-client correspondence relating to conduct in the scope of the proceedings at stake but to any and all proceedings, even unrelated to competition law, where any outside lawyer is representing his or her client’s rights of defense.[1]
The French Competition Authority Fines Cofepp for Failure To Notify and Gun-jumping
On April 12, 2022, the French Competition Authority (“FCA”) fined Compagnie Financière Européenne de Prises de Participation (“COFEPP”) 7 million euros for two distinct but related infringements, namely failing to notify a merger transaction (failure to notify) and implementing said transaction before merger control approval had been obtained (so-called “gun-jumping”).
Advocate General Szpunar’s Opinion on Disclosure of Evidence Created ex novo
On April 7, 2022, Advocate General Szpunar delivered his opinion on the interpretation of Article 5(1) of Directive 2014/104 (the “Damages Directive”) and on the scope of its rules on evidence production.[1] The Advocate General called on the Court of Justice to allow national courts to require defendants to disclose evidence of a type that would require the defendant to compile or classify information rather than merely produce existing material.
Revision of Regulation 1/2003 and the Commission’s Leniency Policy
The Commission has recently revealed its plan to review two foundations of EU competition law enforcement: Regulation 1/2003 and the Leniency Policy.
The Conseil Constitutionnel Holds That Multiple Sanctions Imposed on the Same Person for Several Infringements Regarding Restrictive Competition Practices Complies With the French Constitution
On March 25, 2022, the French Conseil constitutionnel[1] held that the provisions of Article L.470-2, paragraph VII of the French Commercial Code, which provide for the cumulative enforcement of penalties imposed on the same person for multiple breaches regarding restrictive trade practices, are in compliance with the French Constitution.
Revision of Vertical Rules: Further Clarity On Dual Distribution Rules?
On February 4, 2022, the Commission released a revised draft dual distribution guidance[1] within the broader context of the ongoing review of EU vertical rules.