Arbitral Digest

Matter

Brenntag SA and Brenntag AG obstruction proceedings (Paris Court of Appeal RG 2018/02036)

  1. 21 December 2017France

    21 December 2017France

    Decision of the French Competition Authority no. 17-D-27 dated 21 December 2017

    French Competition Authority

    Case no.
    07/0076F
    Citation
    17-D-27
    Decision summary
    The French Competition Authority found that Brenntag SA and Brenntag AG had obstructed the investigation of complaint no. 07/0076F, in breach of Article L. 464-2(V) of the French Commercial Code, and imposed a joint financial penalty of EUR 30 million.

    Supporting details

    1 authority · 3 participants
    Brenntag SA
    Brenntag AG
    French Competition Authority
    French Competition Authority

    Authorities cited

    1
    • French Commercial Code
      statute

    5 months and 24 days later · 175 days

  2. 14 June 2018France

    14 June 2018France

    Judgment of the Paris Court of Appeal in case RG 2018/02036 dated 14 June 2018

    Paris Court of Appeal

    Case no.
    2018/02036
    Decision summary
    The Paris Court of Appeal declared inadmissible the accessory interventions of Gaches Chimie, Solvadis Holding and Solvadis Distribution in Brenntag SA and Brenntag AG's appeals against Competition Authority decision 17-D-27. It rejected Brenntag SA's requests for a civil fine and damages against the interveners and made no award under Article 700 of the French Code of Civil Procedure.

    Supporting details

    5 authorities · 22 participants
    Brenntag AG
    Representative
    François Teytaud (For: Brenntag AG)
    Representative
    Pierre Zelenko (For: Brenntag AG)
    Brenntag SA
    Representative
    Anne Grappotte-Benetreau (For: Brenntag SA)
    Representative
    Nastasha Tardif (For: Brenntag SA)
    Gaches Chimie SAS
    Representative
    Christophe Durand (For: Gaches Chimie SAS)
    Representative
    André Bricogne (For: Gaches Chimie SAS)
    Solvadis Holding SARL
    Representative
    Alain Fisselier (For: Solvadis Holding SARL · Solvadis Distribution GmbH)
    Solvadis Distribution GmbH
    Representative
    Alain Fisselier (For: Solvadis Holding SARL · Solvadis Distribution GmbH)
    French Competition Authority
    Representative
    Henri D... (For: French Competition Authority)
    Minister responsible for the Economy
    Representative
    Alexandre E... (For: Minister responsible for the Economy)
    Paris Court of Appeal
    Advocate General
    Guidoni
    Other
    Court Reporter
    Patricia Dardas
    Court Reporter
    Gérald Bricongne

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • Treaty on the Functioning of the European Union
      statute
    • Paris Court of Appeal judgment dated 13 March 2007 (Cour d'appel de Paris, 13 March 2007)
      case-law
    • French Court of Cassation, Commercial Chamber judgment dated 26 February 2008 (Com. 26 February 2008, no. 07-14126)
      case-law

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Brenntag SA and Brenntag AG obstruction proceedings (Paris Court of Appeal RG 2018/02036) · Matter