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Collateral damages or the unexpected effects of the new French settlement procedure

The settlement procedure that has recently been introduced in France is highly successful. However, it is not without producing effects, some unexpected, that might be considered damaging. The procedure’s application leads to exclude the application of the communiqué on the calculation of financial penalties as well as to rarefy, if not to eliminate, the cases of admissibility of the commitments of conformity, to largely sacrifice the right of recourse of the companies having given up to contest the grievances, and to singularly complicate the task of the person seeking compensation.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The "French-style" transaction procedure clearly appeals to companies. Contemptuous of the non-contestation of grievances procedure (accused of not offering the predictability so much sought-after in terms of sanctions), they do, however, welcome the settlement proposals made by the investigation services. Let us judge for ourselves: at the time of writing, of the six decisions pronouncing financial penalties in 2017, five have been adopted under the new procedure; the only one that has not been used is ... a decision rendered following the refusal of the party concerned to compromise with the Minister in the context of a practice of local dimension ! A

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  • University Paris II Panthéon‑Assas


Emmanuelle Claudel, Collateral damages or the unexpected effects of the new French settlement procedure, February 2018, Concurrences N° 1-2018, Art. N° 85706, pp. 1-3

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