The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)

Louvet, Marie; Baudelin, Alexis; Vowden, Daniel; Brown, Adrian

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10 Feb 2021

The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)

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Reference

French Supreme Court, Goodmills Deutschland / Grands moulins de Paris, Case No. 19-20.599, 10 February 2021 (French)

Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers [1]. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing between the millers. One of the parties, VK Mühlen, now GoodMills Deutschland, appealed the FCA decision and challenged, in particular, the duration of its participation in the non-aggression pact. VK Mühlen had participated in only one

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Authors

Marie Louvet
Herbert Smith Freehills (Paris)

France 32 contributions 11622 visits
Alexis Baudelin
Baudelin Avocat (Paris)

France 27 contributions 9178 visits
Daniel Vowden
Herbert Smith Freehills (Brussels)

Belgium 38 contributions 15332 visits
Adrian Brown
Herbert Smith Freehills (Brussels)

Belgium 16 contributions 4680 visits

Quotation

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown, The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris), 10 February 2021, e-Competitions Burden of proof, Art. N° 101621

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