CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – CIVIL FINE – PRINCIPLE OF THE INDIVIDUAL NATURE OF PENALTIES

Individual penalties: The European Court of Human Rights rules that a merging company can be sentenced to a civil fine while the unfair commercial practice has been committed by the absorbed company (Carrefour / France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Question: Can an acquiring company be ordered to pay a civil fine for an unfair commercial practice (in this case, the obtaining of manifestly disproportionate advantages by a large distributor) previously committed by the company it has absorbed? Yes, and three times yes! Yes, firstly, for the Court of Cassation (Carrefour case): "(...) whereas the provisions of Article L. 442-6 of the Commercial Code, which apply to any

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  • University of Aix-Marseille

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Frédéric Buy, Individual penalties: The European Court of Human Rights rules that a merging company can be sentenced to a civil fine while the unfair commercial practice has been committed by the absorbed company (Carrefour / France), 1 October 2019, Concurrences N° 1-2020, Art. N° 93338, pp. 111-112

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