France: administrators must get the European Commission’s statement of objections on a merger project

Through a decision rendered on January 29, 2008, the French Supreme Court's Commercial Chamber confirmed the decision rendered by the Paris Court of Appeal which enjoined the chairman of Gaz de France's board to give salaried administrators the full statement of objections sent by the European Commission about the merger with Suez. This ruling lifts the veil on this document's confidentiality, which points to the obstruction to competition which the considered operation has on staff representatives, but simply having regard to their status as administrators. (Ref. 080122)
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In August 2006, salaried administrators asked for a meeting of the board of directors to statute on the answer to the Commission’s statement of objections on the merger of Gaz de France and Suez. This document contains elements which Brussels considers as offenses to competition resulting from the merger. Salaried administrators wanted access to this information and a meeting of the board to discuss the solutions, i.e. the adjustments the group’s management proposed to stop infringing competiti

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