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 […]
In three decisions dated February 8, 2011, the Commercial Chamber of the Cour de Cassation (French Supreme Court) further clarified and complemented the conditions in which a commercial agent is entitled to severance indemnities at the end of the agency relationship. On the whole, the case law of the Cour de Cassation remains quite strict […]
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 […]
By judgment dated March 3rd, 2011[1], the General Court of the European Union (“General Court”) ruled on the determination of the respective contributions to be paid by companies held jointly and severally liable by the European Commission for the payment of an antitrust fine imposed on them for their participation in a cartel on the […]
Because of the evolving case law regarding remuneration of employees, and more precisely the possibility to change employees’ remuneration, companies have been facing difficulties and/or legal uncertainty. In a decision dated March 2, 2011 (Cass.soc., n° 08-44.977), the Cour de Cassation (French Supreme Court) reconsidered its position and clarified the rules for amending targets used […]
By judgment dated January 20, 2011[1], the Court of Justice of the European Union (“CJEU”) further extended the scope of the so-called “decisive influence” presumption. This notion is essential to determine who is liable in case of infringements of EU competition and antitrust rules by a company that is a member of a group of […]
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