The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on German chemical company (Brenntag / Deutsche Bahn)

On 3 December 2020, the Paris Court of Appeal ("Court") confirmed the fines imposed by the French Competition Authority ("FCA") in 2013 on the German chemical distributor Brenntag, and its former parent company Deutsche Bahn, of EUR 47 million and EUR 5.2 million respectively for participating in an anti-competitive agreement relating to the distribution of chemical commodities in France. However, it modified its case-law in a way that will limit the FCA's ability in "hybrid" settlement cases to use facts not contested by settling parties

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Michaël Cousin, The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on German chemical company (Brenntag / Deutsche Bahn), 3 December 2020, e-Competitions December 2020, Art. N° 99205

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