The French Competition Authority imposes a steep sanction on the head of wine producer group, for failing to notify a concentration (Copagef / Castel)

By a decision dated 20 December 2013 (decision n°13-D-22), the French Competition Authority (“FCA”) imposed a €4.000.000 fine on Copagef SA, for failing to comply with article L.430-3 of the French commercial code which provides for a mandatory prior authorization of mergers. This is the highest fine ever imposed by the FCA – and its predecessor, the Conseil de la concurrence- for such an infringement. The appeal lodged by Copagef SA before the French Supreme Administrative Court (Conseil d’Etat) is on-going. On 6 May 2011, Castel Frères SAS, a subsidiary of Copagef SA (together “groupe Castel”), acquired six entities from Patriarche group, both groups being active in the production of wine. The FCA found out about this transaction in September 2011, while investigating an unrelated

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  • Gide Loyrette Nouel (Paris)

Quotation

Laura Castex, The French Competition Authority imposes a steep sanction on the head of wine producer group, for failing to notify a concentration (Copagef / Castel), 20 December 2013, e-Competitions Bulletin December 2013, Art. N° 68836

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