Was labor-management committee standing upheld in vain?
On March 9, 2021, France’s supreme administrative court (Conseil d’État) handed down a ruling upholding a labor-management committee’s standing to challenge a decision issued by the French Competition Authority (Autorité de la concurrence). However, it rejected the committee’s application on the merits, finding that while the committee derived its standing from its advisory duties, an interference with these duties did not constitute grounds to reverse the FCA’s decision. However, the administrative court’s ruling raises a number of questions as to the interplay between the process for informing and consulting the labor-management committee and that for notifying a merger to the FCA.
Click HERE to read the article by Laura Isabelle Danet from our Corporate – M&A practice and Laurianne Hôo from our Labor and Employment practice, published in the Labor & Employment issue of Lexbase Hebdo magazine on April 15, 2021.