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ARTICLE · 21 MAY 2014

French Competition Authority Publishes Feedback On Its Leniency Programme

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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On 15 April 2014, the French Competition Authority published a study summarising comments it received on its leniency programme.

FranceAntitrust/Competition Law
Van Bael Bellis
Van Bael Bellis
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On 15 April 2014, the French Competition Authority (FCA) published a study summarising comments it received on its leniency programme. The Authority received feedback from approximately 40 to 50 lawyers and undertakings.

Overall, both lawyers and undertakings approve the leniency programme, although undertakings find the reduction of their fine to be insufficient and consider the investment cost linked to the leniency application to be high. Lawyers equally criticise the length of the procedure and the legal uncertainty in the programme.

More specifically, undertakings and lawyers agree that the most important reasons to seek leniency are (i) the reduction of the fine, (ii) an earlier application for leniency before another competition authority, and (iii) inspections. Undertakings point out that (i) the cumbersomeness of the procedure, (ii) criminal prosecution, and (iii) civil actions are the most significant deterrents for leniency.

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