LEGAL PRACTICE: PROCEDURES - LENIENCY - SETTLEMENT - APPEAL - INVALIDITY

Practice of inclusion of reduction due to grade II leniency in the transaction range

What we call ’inclusive settlement’ covers the settlement which includes the reduction of leniency in the fork of fines of the settlement. This practice, applied by the investigation services, forces companies to compromise on ’clemency’, whereas they should retain any possibility of appeal against the final decision on leniency. This practice could also weaken the settlement. This article will try to propose alternative solutions.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. At the luncheon debate [1] of the Review Concurrences of 14 May 2018 on the transaction, the General Rapporteur of the Competition Authority, when asked about the size of the transaction range, replied that the range was in principle narrow, except where there was cumulation with leniency, in which case the reduction due to leniency (as admitted by the conditional leniency notice) was included in the transaction range. The question arises only if the leniency notice admitted only secondary leniency. It is this latter assumption of the inclusion of secondary leniency in the transaction range, what we propose to call the "inclusive" transaction, that

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Martine Behar-Touchais, Practice of inclusion of reduction due to grade II leniency in the transaction range, September 2018, Concurrences N° 3-2018, Art. N° 87571, www.concurrences.com

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