Sanctions in competition law (Paris, 31 Oct. 2012)

Competition law violations give rise to various types of sanction: administrative, civil, penal or even professional. Frédéric Jenny analyzes the interest of each type of sanction, puts into context the expected deterrent effect of administrative sanctions and focuses on the need to determine the best combination of instruments. Louis Vogel highlights one of the paradoxes of the implementation of administrative sanctions today: the administrative framework of sanctions through guidelines, intended to improve legal certainty for businesses, has mostly resulted in harsher penalties. To ensure a better equilibrium in the legal system, it would undoubtedly be desirable to improve the detection of infringements and to avoid the risk of companies paying twice for the same infringement. Joseph Vogel points out that for all protagonists it is crucial to find out about, and if possible to anticipate, civil liability actions, in terms of preparation for defense, procedure and trial. Jean-Bernard Blaise analyzes the criminal sanctions under competition law from the dual angles of substantive and prospective law.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Competition law sanctions The articulation of competition law sanctions from an economic point of view Frédéric JENNY Professor at ESSEC, co-director of the European Centre for Law and Economics at ESSEC 1. There are various sanctions in the field of competition law. They may be administrative, civil, criminal or professional. These various sanctions follow different legal rules, have different scopes and are imposed by different bodies (criminal courts, civil courts or competition authorities). In addition, the same offence may be subject to several sanctions (e.g. an administrative fine and a criminal sanction or an administrative fine and an order to pay

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