The French Criminal Supreme Court upholds sentences inflicting prison, fines and damages for bid-rigging (Le Havre lighting)

In France, criminal prosecutions against the authors of anti-competitive practices are generally undertaken against those having participated in a cartel between tenderors. Although bid-rigging are involved in the present case, it must be noted that it concerns as well market public as private markets. Moreover, the prosecutions in this case are only based on antitrust provisions (article L. 420-6 of the French Commercial Code in contradiction with the majority of cases in which several criminal provisions are involved (for example provisions regarding bribery). The relevant markets concerned by the behaviours were public markets involved in the maintenance and partial renovation of public lighting in the town of Le Havre, as well as 6 private markets of 2 companies in the same

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  • Nest Avocats (Paris)

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Eric David, The French Criminal Supreme Court upholds sentences inflicting prison, fines and damages for bid-rigging (Le Havre lighting), 22 October 2003, e-Competitions October 2003, Art. N° 13709

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