French Competition Law Newsletter

Below are links to French Competition Law Newsletters that Cleary publishes regularly.

2024

January

Highlights

The French Conseil d’État refers a case to the Tribunal des Conflits to determine which court has jurisdiction to hear a claim relative to the protection of business secrets

On December 20, 2023, the French Cour de cassation ruled that the French Competition Authority’s Rapporteur Général is required to duly justify its decision to disclose business secrets. Two days later, the Conseil d’État requested a preliminary ruling from the Tribunal des Conflits in the same case to clarify whether an action seeking to enforce the right to the protection of business secrets should be heard by a civil or administrative court.

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The French Competition Authority fines Sony for abusing its dominant position in the market for the supply of PS4 video game controllers

On December 20, 2023, the French Competition Authority fined Sony EUR 13.5 million for allegations of abuse of dominant position in the supply of video game controllers for its PlayStation 4 console between November 2015 and April 2020.

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Paris Court of Appeal clarifies the conditions under which the presumption of decisive influence applies to the parent company’s liability within the undertaking

On December 21, 2023, the Paris Court of Appeal upheld the French Competition Authority’s decision to jointly and severally fine Mayotte Channel Gateway as the author of the infringement, and Société Nel Import Export as its parent company, for obstructing the investigation by willfully and repeatedly failing to respond to an information request.

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The French Competition Authority fines 15 industry players €20 million for having coordinated their strategy regarding the presence or absence of Bisphenol A in food containers

In a 350-page decision dated December 29, 2023, the French Competition Authority sanctioned four professional associations and eleven undertakings, in their capacity as members of these associations, for having implemented a collective strategy to prevent market players from competing on the presence or absence of Bisphenol A in food containers. The total fine amounts to €19,543,400.

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2023

2022