CASE COMMENTS: PROCEDURES – FRANCE – ’MACRON’ SETTLEMENT PROCEDURE – COMMITMENTS – COMPLIANCE PROGRAMS – COMMUNICATION ON THE CALCULATION OF FINES

Communication on the calculation of fines: The French Competition Authority adopts a communication revoking the principle according to which commitments consisting in the enforcement of a compliance program justify, subject to conditions, a reduction of the fine and thus repeals the corresponding framework document (Settlement procedure and compliance programs)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Authority issued a press release on 19 October 2017 on the settlement procedure and compliance programmes. While its stated objective is to revise various reference texts of the Authority to incorporate the replacement of the old procedure for non-contestation of grievances by the new settlement procedure (known as "Macron") instituted by Law No. 2015-990 of 6 August 2015, this communiqué is particularly noteworthy for its formalization of the Authority's distancing from commitments to implement compliance programmes. Adjustment of the Authority's reference documents referring to the no-objection procedure The first part of the press release is

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Communication on the calculation of fines: The French Competition Authority adopts a communication revoking the principle according to which commitments consisting in the enforcement of a compliance program justify, subject to conditions, a reduction of the fine and thus repeals the corresponding framework document (Settlement procedure and compliance programs), 19 October 2017, Concurrences N° 1-2018, Art. N° 86249, pp. 156-157

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