The French Supreme Administrative Court upholds the French Competition Authority’s decision sanctioning a food distributor for failing to notify a concentration (Colruyt)

On 24 June 2013, the French Supreme Administrative Court confirmed the French Competition Authority (“FCA”)‘s decision n°12-D-12 dated 11 May 2012 imposing a €392.000 fine on Etablissements Fr. Colruyt (“Ets Fr Colruyt”), the parent company of group Colruyt, for failing to comply with article L.430-3 of the French commercial code which provides for a mandatory prior authorization of mergers. This case was initiated after an internal audit carried out by Colruyt France, a fully-owned subsidiary of the Belgian company Ets Fr Colruyt, led it to self-report to the FCA on 5 November 2010 that three concentrations had been implemented respectively in 2003, 2004 and 2009, without the latter’s prior approval. The notifications of these three operations were filed before the FCA and cleared without

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  • Gide Loyrette Nouel (Paris)

Quotation

Laura Castex, The French Supreme Administrative Court upholds the French Competition Authority’s decision sanctioning a food distributor for failing to notify a concentration (Colruyt), 26 June 2013, e-Competitions Bulletin June 2013, Art. N° 57349

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