CASE COMMENTS: CARTELS – FRANCE – INVITATIONS TO TAKE PART TO COLLUSIVE MEETINGS – PUBLIC DISTANCING

Public distancing: The French Supreme Court rejects a new claim of a “package flour” cartel participant and recalls that an undertaking may not be held liable of an infringement of competition law solely on its absence of public distancing (Goodmills)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This is not a textbook assumption. A company can participate passively in collusive meetings. To avoid liability, it must immediately distance itself publicly. However, the company must demonstrate that it informed its competitors that it was participating in these meetings from a different perspective than theirs. The equation is complex, especially since the competition authority concerned may rely on its lack of public distancing to establish its participation in the infringement (see, however, when the Competition Authority reasons only on the

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  • European Court of Justice (Luxembourg)

Quotation

Ludovic Bernardeau, Public distancing: The French Supreme Court rejects a new claim of a “package flour” cartel participant and recalls that an undertaking may not be held liable of an infringement of competition law solely on its absence of public distancing (Goodmills), 10 February 2021, Concurrences N° 2-2021, Art. N° 100514, pp. 83-84

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