CASE COMMENTS: CARTELS - EXCHANGE OF INFORMATION - REFUSAL TO DEAL - PARENT COMPANY LIABILITY

Exchange of information: The French Competition Authority sanctions a construction company for exchanging information between bidders in a call for tenders, after the company refused the settlement proposed by the DGCCRF, and also holds its parent company liable, even though the latter’s turnover exceeds the ceiling provided for by the anti-competitive micro-practices mechanism (Santerne Nord Tertiaire, Vinci Energies France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The case began before the DGCCRF, which activated the mechanism provided for in Article L. 464-9 of the French Commercial Code, which allows for the sanctioning of "anti-competitive micro-practices". As a result, two companies were sanctioned for facts constituting a cartel. The third company refused the settlement. It was in this context that the case was referred to the Competition Authority. To our knowledge, the Authority has never dismissed a case following a refusal to settle with the DGCCRF. In this case, since two of the companies sued had accepted the settlement, the chances of the third company escaping the penalty seemed very slim. Certain

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Anne-Sophie Choné-Grimaldi, Exchange of information: The French Competition Authority sanctions a construction company for exchanging information between bidders in a call for tenders, after the company refused the settlement proposed by the DGCCRF, and also holds its parent company liable, even though the latter’s turnover exceeds the ceiling provided for by the anti-competitive micro-practices mechanism (Santerne Nord Tertiaire, Vinci Energies France), 4 March 2021, Concurrences N° 2-2021, Art. N° 100518, pp. 81-83

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