The Paris Court of Appeal sets the power boundaries of the Competition Authority to refer a case to a criminal court (Stal / Ernée Viandes)

Article L. 420-6, paragraph 1, of the Commercial Code creates the infraction applicable to individuals 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 a 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 case to

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Marie-Charlotte Rouzier, The Paris Court of Appeal sets the power boundaries of the Competition Authority to refer a case to a criminal court (Stal / Ernée Viandes), 14 March 2006, e-Competitions Due Process Research Program, Art. N° 13295

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