Legal Practice - CRIMINAL LAW AND ANTITRUST
Criminal sanctions for violation of antitrust law in France
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Since the entry into force of Order No. 86-1243 of 1 December 1986, criminal sanctions have had an ancillary function in France in the repression and deterrence of anti-competitive practices. Administrative sanctions imposed by the Competition Council are the main tool used to combat such practices.
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Since the entry into force of Order No. 86-1243 of 1 December 1986, criminal sanctions have had an ancillary function in France in the repression and deterrence of anti-competitive practices. Administrative sanctions imposed by the Competition Council are the main tool used to combat such practices. The marginal function of criminal sanctions is reflected in a text, Article L 420-6 of the Commercial Code (Article L 420-6), the conditions of use of which have been deemed too strict (P. Conte sees it as a "misleading offence, intended to appear in the texts but not to clutter the courts", in "Droit pénal et concurrence", JCP, Ed. G., 2000, Cahiers de Droit de l'Entreprise, No. 3, pp. 21 to 26, p. 23). Indeed, only natural persons who "fraudulently take a personal and decisive part in the
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