Introduced by Law n° 2015-990 of 6 August 2015 for the Growth, Activity and Equality of Economic Opportunities, the settlement procedure replaced the former “no contest of objections” procedure. It enables companies which do not challenge the allegations brought against them to obtain the imposition of a fine within a range proposed by the General Rapporteur and accepted by the parties. Since its entry into force, this new procedure has been used nine times by the Autorité, in cases of abuse of dominant position and anti-competitive agreements1 (gas supply, floor coverings, pétanque balls, consumer products in overseas territories…).
As previously announced in the procedural notice of 19 October 2017 regarding the settlement procedure and compliance programmes, the Autorité intends to adopt a procedural notice providing clarification of the implementation conditions of the new settlement procedure.
On the basis of the draft made public today, the Autorité launches a comprehensive public consultation. This consultation will feed into the process of drawing up the notice and will allow for the gathering of points of view from all of the individuals impacted by the new settlement procedure.
Contributions can be sent to the following email address until 30 April 2018.
1 For more détails, see the website of the Autorité: http://www.autoritedelaconcurrence.fr/user/standard.php?lang=en&id_rub=531
> See the notice draft regarding the settlement procedure
> Press contact :
Chloé Duretête +33 1 55 04 01 20