French Competition Authority Adopts Revised Leniency Procedural Notice

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A revised leniency procedural notice enhances the legal certainty and the procedural safeguards governing the French leniency procedure.

On April 3rd 2015, the French Competition Authority (the FCA) issued a revised version of its procedural notice related to the leniency program, which was introduced into French competition law in 2001 under Articles L. 464-2 IV and R. 464-5 of the Commercial Code (the Leniency Notice).

According to the French leniency program, a company that provides the FCA with information contributing to the establishment of an anticompetitive infringement may receive a full immunity from fine (Type 1 leniency) or a reduction in its fine (Type 2 leniency). To date, the FCA has issued 10 decisions under its leniency program and approximately 20 companies have been granted immunity from fine or a reduction of the fine on this basis.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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