CASE COMMENTS: CARTELS – FRANCE – FINE – UNLIMITED JURISDICTION – EQUAL TREATMENT

Fine: The French Supreme Court confirms in the dairy product cartel that the Paris Court of Appeal did not breach the principle of equal treatment while fixing the amount of the fine after having annulled the decision of the French Competition Authority on that point (Andros)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. When setting the amount of a fine itself, can the Paris Court of Appeal be more severe than the Competition Authority? While French law, unlike EU law, provides for a genuine "recours en réformation"(see Article L. 464-8 C. com. ), this question is of interest, whether the fine is determined following the annulment of the relevant part of the decision or at the stage of the examination of the pleas presented for the sole purpose of reform. This question is also not lacking in sensitivity: witness the appeal brought by Andros and Novandie, the parent and subsidiary companies respectively, against the judgment delivered on 23 May 2017 by the Paris Court of

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Fine: The French Supreme Court confirms in the dairy product cartel that the Paris Court of Appeal did not breach the principle of equal treatment while fixing the amount of the fine after having annulled the decision of the French Competition Authority on that point (Andros), 24 June 2020, Concurrences N° 4-2020, Art. N° 97549, pp. 124-125

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