Competence : The French Supreme Court confirms the competence of the Competition Authority to sanction the Architects’ Association, whose litigious practices did not fall within the scope of a public service mission, nor of the prerogatives of public power conferred upon it (Ordre des architectes)
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In 2019, the Competition Authority had sanctioned the order of architects for a price cartel whose existence was hardly in doubt. Indeed, the order had disseminated a method of calculating fees for the provision of their services and subjected recalcitrant architects to intimidation measures. It also provided It also provided assistance to architects who wished to take action on the basis of unfair competition against their colleagues for low pricing practices. The decision was essentially upheld on appeal in 2020.
The debates then turned to the question of the Authority's competence to act. As we noted in 2019 (see obs. Concurrences 1/2020), the
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