In his non binding opinion issued on March 3, 2011, the Advocate General of Court of Justice of the European Union (“CJEU”) seems to follow the reasoning of the Conseil de la Concurrence (the French Competition Council, now known as Autorité de la Concurrence, i.e. Competition Authority) that had considered, in Decision n°08-D-25 rendered on […]
The Law no. 2007-776 of August 4, 2008 on the Modernization of the Economy (called the “LME Law”) created the Autorité de la concurrence or the French Competition Authority (the “FCA”)
Following the first year of operation of the Autorité de la Concurrence (French Competition Authority, hereinafter the “FCA”), it is time to make an assessment and try to indentify the major trends of the decisions it rendered in 2009.
By judgment dated February 10, 2010[1], the Conseil d’Etat[2] voided certain provisions of the Decree of December 19, 2008 that amended Article 28 of the French Public Procurement Contracts Code (“FPPCC”) with regard to the threshold under which contracting authorities are exempt from certain market tendering procedural rules. Article 28 of the FPPCC, as amended […]
Following from the publication of its Guidance Paper on its enforcement priorities in applying Article 82 of the EC Treaty on abuse of a dominant market position[1], the European Commission just imposed a fine of 1.06 billion Euros upon Intel Corporation (“Intel”), the world leader in microprocessors, for abusing its dominant market position[2]. The Commission’s […]
For the Law dated August 1, 2008 on the operator’s new environmental liability to come into force, the adoption of a Decree on preventing and remedying damage caused to the environment was necessary, which has recently been done (D. no. 2009-468 dated April 23, 2009, published in the Official Journal of April 26, 2009). With […]
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