On November 25, 2020, the French Supreme Court ruled that attorney-client communications could not be seized during dawn raids provided they are related to the exercise of the client’s rights of defence.
The Paris Court of Appeals Confirms the French Competition Authority Decision Imposing Interim Measures on Google To Protect Copyright-related Rights of Online News Publishers
On October 8, 2020,[1] the Paris Court of Appeals dismissed the appeal brought by Google against an interim measures decision issued by the FCA on April 9, 2020 in favor of publishers unions Syndicats des éditeurs de la presse magazine and Alliance de la presse d’information générale, and news agency Agence France Presse.[2] It thereby approved the FCA’s third interim order against the tech giant in a decade. Pending the FCA’s decision on the merits, the Court of Appeals’ order addresses Google’s refusal to engage in negotiations with news publishers and agencies to determine an adequate remuneration for the exploitation of their copyright-related rights.
The French Competition Authority Consults on Commitments Offered by Carrefour/Tesco in Joint Purchasing Agreement Investigation
Following various investigations in the retail sector,[1] the FCA opened another investigation to assess the joint purchasing agreement concluded in August 2018 between Carrefour and Tesco.[2] In this context, in October 2020, the FCA received commitment proposals from the two distributors, redefining the scope of their cooperation on private labels.
The General Court Partially Annuls European Commission Decisions Ordering French Supermarkets Dawn Raids
On October 5, 2020, the General Court partially annulled three European Commission decisions ordering French supermarket groups Casino and Intermarché to submit to unannounced inspections.1[1]The General Court found that the Commission did not have sufficiently strong evidence to suspect one of the alleged infringements and had therefore breached the dawn raided companies’ right to the inviolability of the home.
The French Tribunal Des Conflits Confirms the Jurisdiction of the Paris Court of Appeals To Rule on Confidentiality Waivers in Public Versions of French Competition Authority Decisions
On October 5, 2020, the French Tribunal des Conflits confirmed that the Paris Court of Appeals had jurisdiction to rule on the appeal lodged by Google against an FCA interim measures decision, in which Google alleged that the FCA had breached its right to the protection of business secrets by publishing information that had previously been granted confidential treatment by the investigation services.[1]
The French Cour de Cassation Upholds the Paris Court of Appeals’ Judgment in the TDF Abuse of Dominance Case
On September 16, 2020, the French Cour de cassation upheld the Paris Court of Appeals’ judgment, which had largely confirmed the French Competition Authority’s (the “FCA”) decision in the TDF case.
The Cour de Cassation Quashes the Paris Court of Appeals’ Decision in the SFR/Orange Case on the Fixed Telephony Market for Secondary Homes for the Second Time
On September 16, 2020, the French Cour de cassation annulled a judgment of the Paris Court of Appeals for the second time in the saga between SFR and Orange. While the Cour de cassation confirmed the existence of a relevant market for fixed telephony for secondary homes, on which Orange is dominant, it ruled that the Paris Court of Appeals had failed to properly assess Orange’s allegedly abusive conduct.
The French Competition Authority Reserves the Right To Refer to the European Commission Transactions That Do Not Reach the National Notification Threshold
On September 15, 2020, Margaret Vestager announced that the European Commission would, as of mid-2021, accept referrals from national competition authorities for transactions that do not reach any national notification thresholds under Article 22 of Council Regulation (EC) No 139/2004 (“Article 22”).[1] This provision enables a national competition authority to request that the European Commission examine a transaction that does not meet the European Union notification thresholds, but would affect trade between Member States and threaten to significantly affect competition.
The French Competition Authority Fines Three Pharmaceutical Companies for Abuse of Collective Dominance
On September 9, 2020, the French Competition Authority (“FCA”) fined Novartis, Roche and its subsidiary Genentech €444 million for abusing their collective dominance on the market for AMD treatment. The FCA found that the parties disparaged the off-label use of Roche’s Avastin drug and spread an alarmist discourse before the public authorities in order to preserve the dominant position and high price of Novartis’ Lucentis drug.