Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 18 FEBRUARY 2009

Cartels & Leniency In France

SJ Berwin LLP
Explore more from SJ Berwin LLP

Anticompetitive agreements and practices are prohibited by Article L. 420-1 of the French Commercial Code (the “Code”). It applies to any undertakings, in the form of either companies or individuals, and may lead to civil/administrative and, in certain cases, to criminal sanctions (see the answer to question 3.2).

FranceAntitrust/Competition Law
Natasha Assadi-Tardif
Natasha Assadi-Tardif
Delphine Cohen
Delphine Cohen

This article first appeared in the second edition of The International Comparative Legal Guide to: Cartels & Leniency; published by Global Legal Group Ltd, London www.iclg.co.uk

1 The Legislative Framework of the Cartel Prohibition

1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal?

Anticompetitive agreements and practices are prohibited by Article L. 420-1 of the French Commercial Code (the "Code"). It applies to any undertakings, in the form of either companies or individuals, and may lead to civil/administrative and, in certain cases, to criminal sanctions (see the answer to question 3.2).

1.2 What are the specific substantive provisions for the cartel prohibition?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

French Merger Control: Increase Of Notification Thresholds

France is set to significantly raise the turnover thresholds that trigger mandatory pre-merger notification to the French Competition Authority, marking the first increase in general thresholds since 2004. The reform, adopted through the French Economic Life Simplification Bill in April 2026, amends Article L. 430-2 of the French Commercial Code and awaits final promulgation before entering into force in September or October 2026.
FranceAntitrust/Competition Law
Delsol Avocats
Delsol Avocats
Article

Airbus/Air France: A Procedural First For Efficiencies, Not Yet A Substantive One

The European Commission has cleared the Airbus/Air France joint venture in a landmark decision that marks the first time efficiency claims were assessed during Phase I merger review. While the transaction was ultimately approved without relying on these efficiencies due to lack of competitive concerns, the Commission's willingness to examine cost synergies, logistics benefits, and consumer advantages signals a potentially more receptive approach to efficiency arguments in future merger cases.
FranceAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

French Competition Authority – Launch Of A Public Consultation On The Review Of Its Sustainability Informal Guidance Framework

The French Competition Authority has opened a public consultation to evaluate its two-year-old informal guidance framework that helps organizations determine whether their sustainability initiatives comply with competition law. Since its introduction in May 2024, the framework has issued five guidance letters covering diverse environmental projects, from carbon footprint platforms to retail sector sustainability commitments.
FranceAntitrust/Competition Law
NAZALI Attorney Partnership
NAZALI Attorney Partnership