The Paris Court of Appeal overturns criminal sentences on the grounds that the undertakings did not play a decisive role and that the collusion did not produce a significant effect (AP-HP)

In France, infractions of the rules on public procurement constitute the competition violations most frequently penalised both by the competition authorities and by the criminal judge. In the case examined, the incriminated behaviour was, however, somewhat different to the collusion usually penalised as it was not a question of collusion amongst those submitting tenders for a market. The collusion instead concerned several markets for the supply of information technology services and the purchase of office and computing resources opened by l'Assistance publique des Hôpitaux de Paris (AP-HP) between 1992 and 1995. Under French Law, contracts for supply to public authorities exceeding a given amount must be concluded following a tender procedure. To avoid the tender procedures and thus

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  • Nest Avocats (Paris)

Quotation

Eric David, The Paris Court of Appeal overturns criminal sentences on the grounds that the undertakings did not play a decisive role and that the collusion did not produce a significant effect (AP-HP), 2 May 2002, e-Competitions May 2002, Art. N° 13154

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