COMPETITION • FRENCH LAW • MERGERS
Title III of the Commercial Code on economic concentrations does not contain any provision concerning disputes relative to the application of Articles L. 430-1 et seq. However, this does not mean that civil sanctions are not available for faults committed during merger operations: the Court of Cassation has ruled that a third party harmed by the non-compliance of commitments to which a merger clearance is subject, could claim damages in the civil courts. According to the Court, even if the decisions of the Competition Authority, relating to compliance with the commitments contained in a decision authorizing a merger, are not binding on the ordinary courts, they may be produced in court as evidence in support of a civil liability action based on non-compliance with those commitments.
