French Blocking Statute: A Death Foretold?

Originally enacted in response to a U.S. antitrust investigation into French shipping companies, the French Blocking Statute may soon live its last days.

The Statute was tailored to protect French citizens and corporations from the alleged excesses of discovery processes in U.S. claims. Generally speaking, the Statute prohibits any French party from disclosing commercial information whether originating from France or elsewhere in foreign litigation, absent a French court order.

Provisions of the French Blocking Statute

Article 1 bis of the Blocking Statute provides that:

Subject to Treaties or International Agreements and to currently applicable laws and regulations, it is prohibited for any person to request, seek or disclose, in writing, orally, or in any other form, documents or information of an economic, commercial, industrial, financial or technical nature directed toward establishing evidence in view of foreign judicial or administrative proceedings or