Settlement proceedings before the French Competition Council

The settlement procedure, introduced in French antitrust law in 2001, is a key component of the enforcement toolbox of the Conseil de la concurrence. While sharing some aspects with leniency, and others with commitments, it has its own logic, aimed at accelerating and simplifying procedures on the one hand, and hasten the culture of competition on the other hand. The incentives to settle can be strong, both for the competition authority and for the firms involved. Given its success in France and its spreading in Europe, the Conseil is naturally led to think about ways of further increasing its efficiency, be that by modifying the law or by fine-tuning its practice.*

This article is based upon the conference given by the President of the French Competition Council at the AFEC Conference, Paris, 10 avril 2008.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction 1. The non-contestation of objections was introduced into French competition law by Law No. 2001-420 of 15 May 2001 on new economic regulations. This tool, of a new kind at the time of its conception (1), has today found its place in our law (2), which it has helped to make more negotiated (3). A. An innovative tool 2. Non-contestation of grievances has burst into our law in a relatively original way, for at least three reasons. First of all, it was not possible at the time to draw lessons from a truly transposable foreign experience. Firstly, Community competition law had not yet completed its modernisation and Brussels could hardly be a

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.