CASE COMMENTS: PROCEDURES – FRANCE – IMPUTABILITY – LENIENCY – PROCEDURAL AUTONOMY

Leniency: The French Supreme Court confirms the principle that the application for leniency made by a subsidiary does not benefit to its former parent company, since the latter no longer held it at the time of filing this application (GEA Group)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The issue of intra-group relations is a complex subject in competition law, particularly when groups evolve and restructure during or following anti-competitive practices (see on this subject, Ch. Lemaire, Responsabilité concurrentielle des groupes de sociétés, Contrats, Conc., Consom., July 2017, file pp. 1-16). The 10 July 2018 ruling of the Court of Cassation in the so-called chemical commodities case provides an interesting new illustration of this. In the context of this case, the Court of Cassation clarified the scope of the benefit of immunity from fines obtained in connection with the implementation of the leniency programme in the context of

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Marie Florent, Leniency: The French Supreme Court confirms the principle that the application for leniency made by a subsidiary does not benefit to its former parent company, since the latter no longer held it at the time of filing this application (GEA Group), 10 July 2018, Concurrences N° 4-2018, Art. N° 88233, pp. 171-172

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