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LEGAL ASSISTANCE PROVIDED TO A MUTUAL AD&D AND COMPLEMENTARY HEALTH FUND SUSPECTED OF ABUSE OF DOMINANT POSITION ON THE LIFE AND HEALTH INSURANCE MARKET

The Competition law team was instructed way upstream of proceedings and could therefore elaborate an effective strategy for defense as outlined below in close collaboration with members of the personnel of the mutual fund:

  • auditing and review of the charge of incriminating practices held against the mutual fund;
  • assistance and counseling during the investigation conducted by the DIRECCTE then by a Competition investigator appointed by the Competition Authorities (drafting of responses to the questions raised by the above agents and discovery of professional documents);
  • coaching of the directors of mutual fund on competition issues;
  • assistance and counseling during the hearing of the directors of the mutual fund by the Competition Investigator appointed by the Competition Authorities;
  • submission of a proposal of commitments with the Competition Authorities;
  • implementation of a program to comply with competition rules within the mutual fund.

The strategy so implemented proved successful as the Competition Authorities decided to drop charges in the absence of any elements enabling it to characterize the prevalence of anti-competitive practices.