CASE COMMENTS: CARTELS – FRANCE - FLOUR CARTEL

Participation to cartel meetings: The French Supreme Court rules that a company can be held liable for its participation to a cartel even on the basis of a single participation to a cartel meeting without publicly distancing itself, but one cannot assume from the absence of public distancing that it maintained its participation to the cartel when it is established that it stopped attending cartel meetings (GoodMilIs Deutschland / Grands Moulins de Paris)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By decision of 13 March 2012, the Competition Authority had sanctioned a Franco-German cartel implemented on the market for flour for human consumption. Several cartels were sanctioned: first, a cartel between German and French millers aimed at sharing the market territorially, and second, two cartels between millers that led to the creation of joint marketing structures aimed at strengthening their bargaining power with supermarkets. Both types of practices gave rise to interesting debates before the Court of Cassation. Territorial distribution of markets between French and German millers: interesting elements on the responsibility of the actors having

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Anne-Sophie Choné-Grimaldi, Participation to cartel meetings: The French Supreme Court rules that a company can be held liable for its participation to a cartel even on the basis of a single participation to a cartel meeting without publicly distancing itself, but one cannot assume from the absence of public distancing that it maintained its participation to the cartel when it is established that it stopped attending cartel meetings (GoodMilIs Deutschland / Grands Moulins de Paris), 8 November 2016, Concurrences N° 1-2017, Art. N° 83436, pp. 92-94

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