The French NCA applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof ("Removals cartel")

Summary of the decision Following an investigation with dawn raids and seizures initiated further to a leniency application, the French Competition Council has sanctioned a horizontal cartel between twelve companies in the sector of national and international removals to and from France, pursuant to Article L. 420-1 of the French Commercial Code and Article 81 EC. These companies, save for one of them, were leaders on this market. The practices were the following: (A) participation in informal meetings during which participants exchanged information on prices and costs and jointly determined the minimum prices of insurance rate and storehouses' rent and (B) production of accommodating estimates for the removal of military personnel (market sharing) [1]. Given the seriousness of the

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Eversheds Sutherland (Paris)
  • Orrick, Herrington & Sutcliffe (Paris)

Quotation

Noëlle Lenoir, Dan Roskis, Marie-Laure Combet, The French NCA applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof ("Removals cartel"), 18 December 2007, e-Competitions Bulletin December 2007, Art. N° 16042

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