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The French Criminal Supreme Court confirms criminal sanctions against the CEO of a national copyright-management society for excessive fees (X / SACEM)

Despite the de-penalization of anticompetitive practices, acknowledged by many authors, and implemented by the Order of 1st December 1986 (the Order), Article L. 420-6 of the French commercial code (the FCC) still states that : “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”. This regulation, grounds the so contested French criminal competition law. It is mostly put forward that there is no concrete implementation of this regulation. The case under examination is a perfect example to contradict the latter statement as it is the second known case, where a judge was

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Marie-Charlotte Rouzier, The French Criminal Supreme Court confirms criminal sanctions against the CEO of a national copyright-management society for excessive fees (X / SACEM), 26 January 1994, e-Competitions January 1994, Art. N° 26226

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