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30 August 2021

Reform of French legal provisions governing security interests: Simplification and modernization

The reform of French legal provisions governing security interests, initially scheduled for May 2021, should finally be enacted by September 23, 2021 and enter into force on January 1, 2022. It will be carried out by way of an Ordinance, pursuant to the authorization given by the legislator to the Government under the so-called PACTE Law of May 22, 2019.

In the wake of the reform already carried out in 2006, the 2021 reform shows a clear desire to simplify and modernize French legal provisions governing security interests.

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30 August 2021

The French Competition Authority amends its method for determining fines

The French Competition Authority published on July 30, 2021 a notice on the method for determining fines in relation to anticompetitive practices, which repeals and replaces the previous notice dated May 16, 2011.

This new notice, based on case law and the decisions rendered by the French Competition Authority in the last ten years, draws the consequences of the transposition of the ECN+ Directive aimed at increasing the effectiveness of competition rules within the European Union.

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22 July 2021

Starting point of the timeline for sanctioning employees and knowledge of wrongdoings by the immediate supervisor: The French Supreme Court recalls the principle

In two decisions issued on June 23, 2021, the Cour de Cassation (French Supreme Court) recalled that “the employer having knowledge of an employee’s wrongdoings” means not only the holder of the disciplinary power but also the employee’s immediate superior, even if the latter does not hold this power himself/herself.

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30 June 2021

Recognition of the existence of a manifestly unlawful disturbance resulting from the failure to file annual accounts and statute of limitations applicable to actions based on ordinary law provisions

While many company managers fail to comply with their obligation to file annual accounts, the Cour de cassation (French Supreme Court) has decided to reinforce the applicable sanction mechanism in an unprecedented decision issued on March 3, 2021.

Recognizing for the first time the non-exclusive nature of the special provisions of the French Commercial Code allowing a third party to obtain the forced filing of a company’s annual accounts, the Cour de Cassation held that the failure to file annual accounts constituted a manifestly unlawful disturbance that justified the initiation of summary proceedings with a view to putting an end to such disturbance.

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30 June 2021

Google fined 220 million euros by French Competition Authority for having abused its dominant position in the online advertising sector

In decision No. n°21-D-11 dated June 7, 2021, the Autorité de la concurrence (French Competition Authority) imposed a 220 million euros fine on Google.

The reason: Google had engaged into discriminatory practices aimed at favoring its own adverting technologies to the detriment of the other players of the sector.

The matter was brought before the French Competition Authority by several newspaper publishers (News Corp. Inc., the Figaro group and the Rossel La Voix group) adversely affected by the practices of the digital giant.

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