CASE COMMENTS: PROCEDURES - GROUP OF COMPANIES – CONCEPT OF UNDERTAKING – AGGRAVATING CIRCUMSTANCE

Sanctions: The French Supreme Court quashes a judgment of the Paris Court of Appeals that considered that the fact that a company belongs to a large group justifies an aggravation of its fine and the refusal to take any account of the financial difficulties specifically faced by this company (Pradeau et Morin)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While the entry into force of Regulation 1/2003 almost 10 years ago (on 1 May 2004) obliged Member States to align their national antitrust rules with EU law, its effects went far beyond the substantive rules alone. This logic of convergence has rapidly extended to the implementing rules (leniency comes to mind, for example) or to the rules applicable to sanctions, the question sometimes arises as to whether they belong to the category of substantive or implementing rules (on this convergence, see already the assessment drawn up after the 5th anniversary of Regulation 1/2003, C. Lemaire, "Premier bilan de l'application du règlement n° 1/2003", Petites

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Sanctions: The French Supreme Court quashes a judgment of the Paris Court of Appeals that considered that the fact that a company belongs to a large group justifies an aggravation of its fine and the refusal to take any account of the financial difficulties specifically faced by this company (Pradeau et Morin), 18 February 2014, Concurrences N° 2-2014, Art. N° 66010, pp. 167-171

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