Article L. 420-6, paragraph 1, of the Commercial Code creates the infraction applicable to natural persons having taken part in an anticompetitive practice. This article states: “If any natural person fraudulently takes a personal and decisive part in the conception, organisation or implementation of the practices referred to in Articles L. 420-1 and L. 420-2, this shall be punished by a prison sentence of four years and a fine of 75,000 euros”. Many classical ways may be used to trigger a criminal procedure. However, the Commercial Code organises a special procedure allowing the Competition Council to refer a
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