Comment: The French Competition Authority may investigate practices that have already been investigated by the sector regulator without presenting the judge with a comprehensive overview of the previous investigation

On June 17, 2025, the French Supreme Court handed down a ruling that clarified the French Competition Authority's power to conduct investigations and initiate search-and-seizure operations in regulated sectors. The Competition Authority is empowered to investigate practices that have already been reviewed by the relevant sector regulator without being required to disclose all evidence gathered during the first inspections.

Partner Nathalie Jalabert-Doury discusses this decision, which raises questions about the scope of the principle of administrative fairness and the extent of judicial review in competition investigations.

Read the full article on Lexbase (French content): Commentaire – L’Autorité de la concurrence peut enquêter sur des pratiques déjà investiguées par le régulateur sectoriel