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ARTICLE · 11 FEBRUARY 2021

Antitrust France - FCA's Study On Antitrust Risks Related To Business Associations: Key Points

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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New provisions implementing the ECN + Directive will come into force in 2021 and will expose business associations to significantly heavier and more dissuasive sanctions.

FranceAntitrust/Competition Law
Marco Plankensteiner
Marco Plankensteiner
Pauline Dessèvre
Pauline Dessèvre
Mathilde Vergnaud
Mathilde Vergnaud
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New provisions implementing the ECN + Directive will come into force in 2021 and will expose business associations to significantly heavier and more dissuasive sanctions.

Currently, the total amount of the fine that the French Competition Authority ("FCA") can impose to persons other than companies and businesses, including professional bodies and business associations, which are in breach of competition law, cannot exceed 3 million Euros. Under the provisions implementing the Directive (EU) 2019/1 of 11 December 2018 ("ECN+ Directive") currently in preparation, the cap on the fines incurred by business associations in France will be increased to 10% of the total turnover of their members.

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