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ARTICLE · 11 SEPTEMBER 2024

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Recognition Of A Right To Appeal Against A Decision By The Autorité De La Concurrence To Refuse Proposed Commitments

Cornet Vincent Segurel
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Cass. com. 31 January 2024, appeal no. R 22-16.616 Competition authority – refusal of commitments – appeal on legality In a ruling handed down on 31 January 2024, the Commercial Chamber of the French Supreme Court...

FranceAntitrust/Competition Law
Antoine Rauwel
Antoine Rauwel

Cass. com. 31 January 2024, appeal no. R 22-16.616

Competition authority – refusal of commitments – appeal on legality

In a ruling handed down on 31 January 2024, the Commercial Chamber of the French Supreme Court (Cour de cassation) ruled on the possibility of appealing against a decision by the French Competition Authority (ADLC) refusing commitments proposed by a company involved in potentially anti-competitive practices within the meaning of Articles L. 420-1 and L. 420-2 of the French Commercial Code.

A look back at the commitment procedure

The commitment procedure is an alternative procedure to the ordinary sanction procedure of the Autorité de la concurrence.

The aim of this procedure is to get the company to cease or modify potentially anti-competitive behaviour in the future, unlike a condemnation decision, which establishes the anti-competitive nature of the behaviour in question, requires the behaviour to cease or be modified and imposes a

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