Arbitral Digest

Matter

A.D.L.P. Holding S.A.S. v French Competition Authority (Paris Court of Appeal 18/24178)

  1. 8 October 2018Arbitration

    8 October 2018Arbitration

    French Competition Authority Decision No. 18-D-21 dated 8 October 2018

    Decision summary
    The French Competition Authority found that General Import and A.D.L.P. Holding S.A.S. engaged in prohibited concerted practices granting exclusive import rights for consumer products in Wallis-et-Futuna. It imposed a joint and several pecuniary sanction of EUR 250,000 and ordered notice to the affected suppliers and purchasing offices.

    Supporting details

    2 participants
    General Import
    A.D.L.P. Holding S.A.S.

    1 year, 4 months and 12 days later · 500 days

  2. 20 February 2020France

    20 February 2020France

    Judgment of the Paris Court of Appeal in case 18/24178 dated 20 February 2020

    Paris Court of Appeal, Pôle 5 - Chamber 7

    Case no.
    18/24178
    Citation
    RG 18/24178; Portalis 35L7-V-B7C-B6XMT
    Decision summary
    The Paris Court of Appeal declared A.D.L.P. Holding S.A.S.'s appeal admissible, rejected its fair-trial and liability challenges to Competition Authority Decision No. 18-D-21, and reformed the sanction. It imposed a EUR 200,000 pecuniary sanction on A.D.L.P. Holding S.A.S.; because the dispute was indivisible, the reform also benefited General Import, with excess payments repayable with statutory interest.

    Supporting details

    14 authorities · 15 participants
    A.D.L.P. Holding S.A.S.
    Representative
    Jeanne BAECHLIN (For: A.D.L.P. Holding S.A.S.)
    Representative
    SCP Jeanne BAECHLIN (For: A.D.L.P. Holding S.A.S.)
    Representative
    Pascal WILHELM (For: A.D.L.P. Holding S.A.S.)
    Representative
    SELAS WILHELM & ASSOCIES (For: A.D.L.P. Holding S.A.S.)
    General Import
    French Competition Authority
    Representative
    V... T... (For: French Competition Authority)
    Minister responsible for the Economy
    Representative
    K... S... (For: Minister responsible for the Economy)
    Paris Court of Appeal, Pôle 5 - Chamber 7
    Advocate General
    Madeleine GUIDONI
    Other
    Court Reporter
    Véronique COUVET

    Authorities cited

    14
    • French Commercial Code, Article L.420-2-1
      statute
    • French Commercial Code, Article L.464-2
      statute
    • French Commercial Code, Article L.464-8
      statute
    • French Commercial Code, Article L.463-3
      statute
    • French Commercial Code, Article R.464-15
      statute
    • French Commercial Code, Article L.420-4
      statute
    • French Law No. 2012-1270 of 20 November 2012, Article 5
      statute
    • French Code of Civil Procedure, Articles 450 and 700
      statute
    • French Civil Code, Article 1154
      statute
    • Paris Court of Appeal judgment of 21 December 2017 (Paris Court of Appeal, 21 December 2017, RG 2015/17638)
      case-law
    • Competition Authority Decision No. 15-D-14 (French Competition Authority Decision No. 15-D-14)
      case-law
    • Competition Authority Decision No. 16-D-15 (French Competition Authority Decision No. 16-D-15 dated 6 July 2016)
      case-law
    • Competition Authority Opinion No. 09-A-45 (French Competition Authority Opinion No. 09-A-45 dated 8 September 2009)
      case-law
    • Competition Authority Opinion No. 19-A-12 (French Competition Authority Opinion No. 19-A-12 dated 4 July 2019)
      case-law

Matter record

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A.D.L.P. Holding S.A.S. v French Competition Authority (Paris Court of Appeal 18/24178) · Matter