Towards a re-penalization of competition law violations in France?

Criminal sanctions for violations of competition law, as provided for in the Commercial Code have rarely been applied until now, but things could change in the future. In addition to administrative fines for companies (up to 10% of the worldwide turnover of the companies concerned), prison sentences and fines could be imposed on individuals who take a personal and decisive part in cartels, abuse of a dominant position or abuse of a state of economic dependence.

This is what a French law of December 24, 2020, which went unnoticed at the time, provides for by giving the National Financial Prosecutor's Office (PNF) a new competence in this area, which will be exercised alongside that of the historical regulator, the Competition Authority, and in consultation with the latter. It will be up to companies and their counsels to ensure compliance with the ne bis in idem principle, which prohibits the same practice from being sanctioned twice.