The French Supreme Court clarifies the applicable legal regime for breach of antitrust commitments (GIE)

In a judgment of 26 September 2018, the French Supreme Court ruled for the first time on a failure to comply with commitments undertaken before the French Competition Authority (FCA) to close antitrust proceedings. The French Supreme Court dismissed the appeal lodged by the economic interest group (“GIE”) Les Indépendants and upheld the €300,000 fine imposed by the FCA for breach of commitments. The French Supreme Court adopted a very strict and formal position in assessing a breach of commitments and in determining the fine. In particular, the consequences of the infringement on the market was not a relevant factor in this respect. Background of the case The proceeding concerns an economic interest group that markets advertising spaces of local radio stations to national and