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1 June 2011

Companies will soon be required to notify data breaches in France

It is within the context of the recent hack attacks on Sony that the French government made public a draft order[1] imposing on companies responsible for personal data the obligation to notify so-called “data breaches” (i.e. the loss/release of personal data). On April 18 and April 19, 2011 Sony’s PlayStation network[2] was the target of […]

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1 June 2011

Highlights of the notice issued by the french competition authority on financial penalties In antitrust cases

On May 16, 2011, the Autorité de la concurrence(French Competition Authority or hereinafter the “FCA”) published a notice on the method according to which it sets financial penalties in cases of cartels and abuses of dominant position[1] (the “Notice”). Article L.464-2 of the French Commercial Code already specified the legal criteria according to which financial […]

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1 May 2011

The prohibition of onlines sales demeed to be a “hardcore” restriction by the advocate general of the Court of Justice of the European Union

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 […]

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1 April 2011

Seizures of electronics data: The Cour de Cassation indirectly validates the investigation methods applied by the French Competition Authority

Two decisions of the Cour de cassation (French Supreme Court) dated January 18, 2011[1] dashed the hopes of lawyers and their clients on the possibility to request the invalidation of seizures of electronic data when documents covered by the client-attorney privilege (i.e. legal professional privilege, hereinafter “LPP”) happened to be seized. Even though the two […]

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