Due process and the art of fining: The French example

In this presentation made for the XVIII th ICF St Gallen Conference in the roundtable on "Due process and the art of fining", the author examines the French system. Unlike the European Commission, there is a clear cut within the French Competition Authority between the Investigation Services which handle the case and the College which adopts the final decision. Furthermore, the Authority has just adopted its first notice on the method on the setting of financial penalties.

All views expressed in this paper are purely personal. Introduction 1. The topic chosen for this roundtable is not only a current one in the European Union, at the Commission’s level [1] and more generally in the EEA, but it also raises some issues, highly debated in international organizations, such as the OECD [2], and within the EU Member States. Academic and lawyers associations’ writings on this subject are voluminous. While the topic has been largely discussed, the legal framework’s evolution renders it relevant. For instance, within the European Union, the discussion on the impact of the ECHR is reinforced with new arguments stemming from the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights [3]. Both texts are applicable to the enforcement of antitrust

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  • University Paris-Panthéon-Assas


Laurence Idot, Due process and the art of fining: The French example, May 2011, Concurrences N° 2-2011, Art. N° 52911, www.concurrences.com

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