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ARTICLE · 17 MAY 2012

French Competition Authority Publishes Guidelines On Settlements In Antitrust Proceedings

Herbert Smith Freehills
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On 10 February 2012, the French Competition Authority (FCA) published a procedural notice concerning the settlement procedure (the Notice).

FranceAntitrust/Competition Law
Sergio Sorinas
Sergio Sorinas
Estelle Jegou
Estelle Jegou
Christine Jorns
Christine Jorns

On 10 February 2012, the French Competition Authority (FCA) published a procedural notice concerning the settlement procedure (the Notice). The Notice aims at setting out the approach followed by the FCA regarding the settlement procedure in order to enhance transparency for the benefit of companies.

The settlement procedure, contained in article L.464-2, III of the Commercial Code, enables companies subject to infringement proceedings to waive their right to challenge the charges notified by the FCA in exchange for a fine reduction between 10 and 25%.

1. Scope and conditions

  • Scope of the settlement procedure and eligibility conditions
    • The settlement procedure is available to companies which are subject to proceedings before the FCA for infringements of competition law, in particular anticompetitive agreements and abuses of a dominant position.

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