LAW & ECONOMICS: PECUNIARY SANCTION - CRITERIA - DAMAGE TO THE ECONOMY - ILLICIT PRACTICE - CASE-LAW - PER SE APPROACH

Damages assesment with regards to competition fines

When determining a pecuniary sanction, the French Competition Authority will take into account several criteria including the « damage to the economy » caused by the illicit practice. Evaluating this damage involves several variables and the task remains inherently complex due to the lack of detailed calculations. Recent case-law, which rejects the per se existence of such a damage, has rendered an evolution of this notion necessary. These three papers are derived from the lunch talk held on 7th July 2010 in Paris by Concurrences Review.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Damage to the economy and financial penalties: an economic introduction Emmanuel Combe Professor at the University of Paris 1 Affiliate Professor at ESCP Europe Member of the College of the Competition Authority 1. Damage to the economy occupies a specific place in French competition law: it is one of the four criteria for determining the financial penalty that the Competition Authority may impose on an undertaking that has committed an anti-competitive practice. Indeed, Article L. 464-2 of the French Commercial Code provides that "the financial penalties shall be proportionate to the seriousness of the facts complained of, to the extent of the

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Authors

  • French Competition Authority (Paris)
  • Darrois Villey Maillot Brochier (Paris)
  • Compass Lexecon (Paris)

Quotation

Emmanuel Combe, Didier Theophile, David Sevy, Damages assesment with regards to competition fines, December 2010, Concurrences N° 4-2010, Art. N° 32732, www.concurrences.com

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