Proportionality: The Paris Court of Appeal nuances the consideration of the damage to the economy to preserve the proportionality of the penalty and by its ruling suggest to mind of this criterion in the light of the new article L. 464-2 I of the Commercial Code modified in the light of the ECN+ Directive (Distillerie Dillon et a. / Autorité de la Concurrence)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts. The case deals with the practice of exclusive import agreements in ultra marine territories, prohibited by Article L. 420-2-1 C. com. from the Law "Lurel" of November 20, 2012. The Court of Appeal ruled on an appeal by the wholesaler-importer in Martinique of a Champagne with a well-known brand, against a decision of the ADLC having sanctioned the above-mentioned practice (decision n° 20-D-16 of October 29, 2020). In summary, the Court confirms the decision of the Authority, in particular with regard to the assessment of the seriousness of the practices, but reforms it with regard to the importance of the damage to the economy. The fine of 421,000