CONFERENCE : COMPETITION & CRIMINAL LAWS - EFFICIENCY OF CRIMINAL LIABILITY - LENIENCY PROGRAMS - PENALTIES INITIATORS OF HARDCORE CARTELS - ROLE OF THE VICTIMS

Conference - Criminal and competition laws: An introduction

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. At a time when attempts are being made to "decriminalise" business law in France1 , Article L. 420-6 of the Commercial Code is in the hot seat. This article punishes with €75,000 and four years' imprisonment all those who have "fraudulently taken a personal and decisive part in the design, organisation or implementation of the practices referred to in Articles L. 420-1 and L. 420-2 of the Commercial Code"2. The criminal sanction, which initially only applied to "natural persons" was extended - a specific French feature - to legal persons, by an unexpected effect of the "Perben II" law3 4. 2. However, this article has so far been little used. In

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  • University of Paris I Panthéon-Sorbonne

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Gilbert Parleani, Conference - Criminal and competition laws: An introduction, February 2008, Concurrences N° 1-2008, Art. N° 15206, www.concurrences.com

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