Extract
Cartel Regulation
Originally Published by Global Competition Review
French cartel regulation is no longer only based on sanctions but also on a dialogue that allows more pragmatism and weakens the structure of anti-competitive practices. The successful implementation of all the components of the French leniency programme has made the French competition authority tend to become a regulator, and this role will be further enhanced through the new competition authority. A new more powerful authority Regarding cartels, the principal competition authority with responsibility for enforcement is since 2 March 2009 the Competition Authority (the Autorité). It replaced the former Competition Council (the Conseil) pursuant to the Law on the Modernisation of the Economy (LME) of 4 August 2008. The Autorité is an independent administrative authority responsible for the analysis and regulation of competition in the French market under the relevant provisions of French and EU competition law. Investigations of cases referred to the Autorité are carried out by rapporteurs who, following a decision of the commercial chamber of the Cour de Cassation in 1999 – regarding the Conseil but transposable to the Autorité – do not participate in the deliberations of the Autorité but merely report to the Autorité in open session.1 This is to ensure full compliance with the requirements of article 6 of the European Convention of Human Rights. In virtue of the LME, the Autorité is endowed with more powers and extensive means. It has its own investigation services, the ability to go to court and the right to render, on its own initiative, opinions on...See the full content of this document
Sponsored links
