The French NCA fines a trade association in the hydrotherapy sector for price fixing and exchanges of information between its members and dismisses lack of prior intent as a mitigating circumstance (Conseil national des exploitants thermaux)

In a decision issued on 18 December 2009 [1], the French Competition Authority (the «Authority«) fined a trade association in the hydrotherapy sector, the Conseil national des exploitants thermaux («CNETh«), for infringing article L. 420-1 of the French Commercial Code (the French equivalent of art. 101 of the TFEU). The infringing practices consisted in issuing a recommendation encouraging its members, i.e. hydrotherapy centres, to implement a price surcharge. The specific regulatory framework of the hydrotherapy sector As explained in the decision, the hydrotherapy sector is subject to a specific regulatory framework by which: (i)

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Authors

  • Dechert (Paris)
  • Herbert Smith Freehills (Paris)

Quotation

Romain Maulin, Sergio Sorinas, The French NCA fines a trade association in the hydrotherapy sector for price fixing and exchanges of information between its members and dismisses lack of prior intent as a mitigating circumstance (Conseil national des exploitants thermaux), 18 December 2009, e-Competitions December 2009, Art. N° 32055

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