CASE COMMENTS: PROCEDURES - FINANCIAL PENALTIES – CONCEPT OF UNDERTAKING – INDIVIDUALIZATION OF THE FINE - IMPUTABILITY

Belonging to a group : The French Supreme Court quashes a judgment of the Paris Court of Appeals considering that the fact that a company belongs to a large group justifies an aggravation of its fine (Spie, Inéo, Allez)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Following the historic monuments case at the beginning of 2014, the Court of Cassation once again calls the Paris Court of Appeal and the Competition Authority to order regarding the conditions under which membership of a group may be taken into consideration in the calculation of a financial penalty. The taking into account of group membership in the calculation of the financial penalty by the Competition Authority: A questionable practice As we have had the opportunity to expose it at length and on various occasions in these columns (see lastly, Cass. com., February 18, 2014, Entreprise Pradeau et Morin, obs. C. Lemaire and S. Naudin) the position

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  • University of Paris I Panthéon-Sorbonne

Quotation

Christophe Lemaire, Belonging to a group : The French Supreme Court quashes a judgment of the Paris Court of Appeals considering that the fact that a company belongs to a large group justifies an aggravation of its fine (Spie, Inéo, Allez), 21 October 2014, Concurrences N° 1-2015, Art. N° 71392, pp. 177-178

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