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The French Competition Authority refers to a hard-core cartel case to the public prosecutor (Bakery sector in the Marne department)

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 the case to the competent prosecutor. Article L. 462-6 states: “When it [the Competition Council] considers that the facts warrant application of Article L. 420-6, it refers the

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Marie-Charlotte Rouzier, The French Competition Authority refers to a hard-core cartel case to the public prosecutor (Bakery sector in the Marne department), 11 March 2004, e-Competitions March 2004, Art. N° 13703

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