Cartel Regulation Under French Law: A Pragmatic Approach
Mondaq Business Briefing › France Law Articles in English (2007)
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Cartel Regulation Under French Law: A Pragmatic Approach
In recent times, French procedures for the regulation of cartel activity have increasingly been brought into line with those of the European Union. Furthermore, changes have been made to reinforce efficiency in fighting illegal cartel activities, including: the introduction of a new leniency programme, comprising several constituents; the adoption of increased powers of investigation; and the possibility of imposing important periodic penalty payments. Hence, 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. Together these changes should ensure that the French competition authorities are not only more effective in enforcing domestic competition rules but are also able to contribute, as part of the European Competition Network, to the enforcement of EU competition rules post-modernisation.
Working in tandem - the enforcement agenciesRegarding cartels, the principal competition authority with responsibility for enforcement is the Conseil de la Concurrence (the Conseil). Set up in 1986, the Conseil is an independent authority responsible for the analysis and regulation of competition in the French market under the relevant provisions of French competition law. Investigations of cases referred to the Conseil are carried out by rapporteurs who, further to a dec...See the full content of this document
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