ARTICLES : FRENCH COMPETITION AUTHORITY - SANCTIONS GUIDELINES - PUBLIC CONSULTATION - SOFT LAW - LEGAL VALUE - PRINCIPLE OF PROCEDURAL AUTONOMY- PRINCIPLE OF LOYAL COOPERATION - DAMAGE TO THE ECONOMY - REPETITION

Sanctions Guidelines: Ins and outs of the French Competition Authority method

The adoption of sanctions Guidelines by the French Competition Authority on 16 May 2011 marks the renewal of the how soft law is viewed in France. The sanctions Guidelines are also an opportunity to better assess the exact scope of the principle of procedural autonomy, which must be enlightened by the principle of loyal cooperation. It should be noted, as features specific to the French approach, provisions concerning the legal elements of damage to the economy, the repetition of anticompetitive practices, and the introduction of the principle of contradiction. Preliminary public consultation has led to greater consideration being given to the objective of deterrence in the development of an effective competition policy.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Original impulses. - A long process of reflection on the development of guidelines for the determination of financial penalties is finally coming to an end. The adoption of guidelines in 1998 by the European Commission had raised real expectations in France in the early 2000s. The need for consistency within the European Competition Network was then strongly emphasised during the implementation of Regulation 1/2003[Bruno Lasserre, The Competition Council in the Community Network,Concurrences 3-2005.]]. This led the Competition Council to co-lead, with the Italian Authority, the work of reflection of all the competition authorities of the Network in

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  • University of Paris I Panthéon-Sorbonne

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Catherine Prieto, Sanctions Guidelines: Ins and outs of the French Competition Authority method, September 2011, Concurrences N° 3-2011, Art. N° 37128, pp. 54-69

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