The French Supreme Court recalls the maximum fine incurred by associations compared to companies and clarifies the concept of undertaking underlying such distinction (ECMA)

In its confirmatory ruling issued on 8 February 2017, the French judicial supreme court (Cour de cassation, chambre commerciale, hereafter the “Supreme Court”) specifies that the concept of “undertaking” used to subject any entity engaged in an economic activity, whatever its legal form, to the prohibition of the abuse of a dominant position, differs from the notion of “undertaking” used by national provisions within the distinct framework of determining the maximum financial penalties incurred. Indeed, French competition law (Article L. 464-2, I, 4th indent, of the French commercial code) sets forth different maximum amounts of fine, depending on whether the entity sentenced for anticompetitive practices is a company or not : − if

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Camille François, The French Supreme Court recalls the maximum fine incurred by associations compared to companies and clarifies the concept of undertaking underlying such distinction (ECMA), 8 February 2017, e-Competitions February 2017, Art. N° 83701

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