TRENDS : SANCTIONS POLICY - FRENCH COMPETITION AUTHORITY - DRAFT GUIDELINES - LEGAL VALUE - SOFT LAW - DAMAGE TO THE ECONOMY - GRAVITY - US FEDERAL SENTENCING GUIDELINES - CONSUMERS POINT OF VIEW

Reshuffling antitrust fining policy: The ADLC draft guidelines

The papers gathered in this section illustrate the new sanctions policy of the French Competition Authority, following the release of draft guidelines on 17th January 2011. In her contribution, Me Jalabert Doury focuses on the mechanisms proposed in the draft guidelines. Professor Emmanuelle Claudel reviews the choice of guidelines and considers the question of the legal value of this new "soft law". According to the economist Antoine Chapsal, the damage to the economy should be the main element for the assessment of the gravity an infringement. Christopher J. Kelly and Joseph P. Minta, US antitrust lawyers, present the methodology used in the US Federal Sentencing Guidelines. The recent amendment of the US Guidelines takes into account compliance policies efforts. Finally, Alain Bazot, President of the UFC-Que Choisir, gives the consumers point of view about the announced new policy of the Competition Authority and calls for new repressive mechanisms.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Authority formalises and clarifies the overhaul of its sanction policy Nathalie JALABERT-DOURY Lawyer 1. On 17 January 2011, the Competition Authority published a draft statement on the method for determining financial penalties, which it has submitted to a wide public consultation until 11 March 2011. A round table will also be organised by the Authority on 30 March 2011, prior to the adoption of the final text in the following [1]weeks. 2. It is recalled that this initiative is part of the debate opened by the judgment of the Paris Court of Appeal of 19 January 2010, in the steel cartel case, which had considerably reduced the fines imposed by the

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Emmanuelle Claudel, Nathalie Jalabert-Doury, Antoine Chapsal, Alain Bazot, Joseph Minta, Christopher J. Kelly, Reshuffling antitrust fining policy: The ADLC draft guidelines, February 2011, Concurrences N° 1-2011, Art. N° 34017, www.concurrences.com

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