In a ruling dated February 17, 2021, the Cour de cassation dismissed an appeal formed against an order dated June 2019, in which the Paris Court of Appeals confirmed that the FCA could validly initiate an investigation and carry out dawn raids on the basis of a request for inspection issued by the competition authority of another EU Member State.
The French Competition Authority Unconditionally Clears Engie’s Acquisition of a Stake in Hydrogen Producer and Distributor DMSE, Factoring in Growing “Green” Demand
On January 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Engie’s acquisition, through its subsidiary Storengy, of a controlling stake in Dijon Métropole Smart EnergHy (“DMSE”), a joint venture between Dijon Métropole and the Rougeot group specialized in the production and distribution of hydrogen.[1] The FCA cleared the concentration even though the combined entity will become the first and sole operator producing and distributing hydrogen in the Dijon area.
The French Competition Authority Publishes a Study on Professional Associations
In connection with the forthcoming transposition of Directive No. 2019/1 (the “ECN+ Directive”), which exposes professional associations to higher fines for anti-competitive practices, the French Competition Authority (“FCA”) has published a study on how competition law applies to professional associations and made a number of practical recommendations.[1]
The French Cour de Cassation Holds That Legal Privilege Applies to All Attorney-client Communications Relating to the Exercise of the Rights of Defence—Even Those Unrelated to the Antitrust Case in Relation to Which the Dawn Raids Are Carried Out
On January 20, 2021, the Criminal Chamber of the Cour de cassation ruled that none of the attorney-client communications relating to the exercise of the client’s rights of defence could be seized during dawn raids, even those that were not related to the antitrust case in relation to which the dawn raids were carried out.
The French Competition Authority Reports on Its 2020 Activity and Announces Its Enforcement Priorities for 2021
On December 23, 2020, the French Competition Authority (“FCA”) presented a summary report of its 2020 activity and set out its priorities for 2021.[1]
The French Competition Authority Rejected Travel Agencies’ Complaint Against Several Airlines for Failing to Refund Cancelled Flights Amidst COVID-19 Crisis
On December 8, 2020, the FCA dismissed a complaint by French travel cooperative CEDIV on behalf of 55 member travel agencies against several airlines which denied travellers refunds for their flights, cancelled due to the COVID-19 pandemic (the “Decision”).[1]
The Paris Court of Appeals Ruled That the Decision of Some of the Parties to an Antitrust Investigation Not To Contest the FCA’s Objections Does Not Prevent Other Companies From Challenging the Objections
On December 3, 2020,[1] the Paris Court of Appeals ruled in the Brenntag case that a company challenging its participation in a cartel cannot be held liable simply because other companies did not contest the alleged objections from the FCA. This judgment, issued in the context of a cartel case in the chemical distribution sector, constitutes a turnaround in the case law, although the Court of Appeals, ruling on the merits of the case, ultimately confirmed the fines imposed by the FCA.
The French Competition Authority Fines Dammann FRères Tea for Imposing Resale Prices on Its Online Retailers
On December 3, 2020, the French competition authority (“FCA”) imposed a fine of €226,000 on Dammann Frères (“Dammann”), a producer of gourmet tea, for imposing resale prices on its online retailers.
New Investigative Power for the French Competition Authority to Access Telephone Communications Data
Decree n°2019-1247 of November 28, 2019, published in the Official Journal of the French Republic on November 29, 2019 (the “Decree”), provides the procedural framework for the FCA’s new power to access telephone communications data for the purpose of antitrust investigations under Article L. 450-3-3 of the French Commercial Code. This framework was introduced by the Pacte Law [1] and allows the FCA to request access to technical information regarding the identity of a caller, the telecommunication terminals used, the data, time, and duration of each call, and the phone numbers called. It will be operational as soon as the Data Request Supervisor (“contrôleur des demandes de données de connexion”) is appointed (the Supervisor will be appointed among the judges of the French Administrative or Civil Supreme Court).[2]