Sanctions: One year of Sanction Guidelines

Law & Economics Workshop organized by Concurrences in partnership with McDermott Will & Emery and Microeconomix.


Jacques Buhart, Lionel Lesur (McDermott Will & Emery)

The "sanctions communiqué" of the competition authority was published on 16 May 2011 following a debate that was fuelled by the publication of the "Folz" report and some twenty comments received during the public consultation period. The first question raised by the publication of the draft communiqué concerned the legal nature of the text.

In the end, the concept of a directive resulting from the decision of the Crédit Foncier de France State Council - allowing the administration to define general guidelines without relinquishing its discretionary power and without enacting new conditions - was the most important. the adoption of the communiqué truly offered more predictability for companies insofar as it is binding on the authority and is enforceable against it, even if special circumstances or reasons of general interest may cause it to depart from it. this predictability is all the more reinforced since the communiqué stipulates that the parties must be informed of the legal and factual elements likely to influence the determination of their sanctions at the time of notification of the report, at the latest.

Photos © Léo-Paul Ridet.

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  • McDermott Will & Emery (Paris)
  • Analysis Group (Paris)
  • ENSAE Paris-Tech
  • Franklin (Paris)