LAW AND ECONOMY : FRENCH COMPETITION AUTHORITY – NOTICE ON FINES - APPLICATION - IMPACT

Antitrust sanctions under French competition Law: 1 year of Guidelines

One year after the publication of the French Competition Authority’s notice on fines, it is possible to take stock of its application. The three contributions in this article describe its implementation and evaluate its impact on the level of fines imposed on undertakings. Moreover, the authors assess its input and discuss the main issues to be improved in order to further strengthen predictability and equality between undertakings, notably through a comparison with the method deriving from the European Commission’s guidelines.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Legal Aspects: Contributions to the communiqué and suggestions for improvement Jacques BUHART and Lionel LESUR Lawyers, McDermott Will & Emery 1. Following a ruling by the Paris Court of Appeal on January 19, 2010 [1] in the steel cartel case, the then Minister of the Economy appointed a working group, chaired by Jean-Martin Folz, to draft a report on the assessment of the sanction for anti-competitive [2]practices . In this ruling, the Court of Appeal had reduced the fines of several companies by a total of 575 million euros, the largest fine imposed by the Competition Council at the time, to 75 million euros. This judgment had underlined the

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Authors

  • Franklin (Paris)
  • Analysis Group (Paris)
  • McDermott Will & Emery (Paris)

Quotation

Lionel Lesur, Emmanuel Frot, Jacques Buhart, Antitrust sanctions under French competition Law: 1 year of Guidelines, May 2013, Concurrences N° 2-2013, Art. N° 51480, www.concurrences.com

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