France, 1953: Difference between revisions
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New page: '''This page is currently under construction. Please check back in early July.''' '''Score = ''' ''Governed by:'' Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of... |
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''' | ''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574 (1960) at 578 n.21.</ref> and Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>For an English translation of many of the relevant portions of the statute, ''see Rosenfeld, supra note 1, at 593-95.'' The full text of the statute is unavailable.</ref> | ||
<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref> | |||
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| Fines | | Fines | ||
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| | | Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.'' at 578 n.21</ref> | ||
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| Prison Sentences | | Prison Sentences | ||
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| | | Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref> | ||
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| Private Enforcement | | Private Enforcement | ||
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| | | The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Art. 419 violations.<ref>''Blake,'' supra note 2, at 117</ref><ref>This does not apply to Decree 53-704 or Ord. 45-1483.'' Id.'' at 295.</ref> | ||
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| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
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| | |The French Code of Criminal Procedure allows private parties injured by crimes, including Art. 419 violations, to press civil actions. <ref>current provision, Article 2 of the Code (Ordinance no. 58-1296 of 23 December 1958) available in English from Legifrance at http://195.83.177.9/code/liste.phtml?lang=uk&c=34&r=3884 </ref> | ||
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| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
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| | | Art. 37(1)(a) prohibits any party from refusing to sell to consumers. | ||
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| Price Setting | | Price Setting | ||
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| | | Article 37(f)(1)(4)prohibits price setting by any party. | ||
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| Discriminatory Pricing | | Discriminatory Pricing | ||
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| | | Art. 37(b) prohibits discriminatory pricing. | ||
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| Resale Price Maintenance | | Resale Price Maintenance | ||
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| | | Art. 37(1)(f)(4) prohibits any party from engaging in resale price maintenance. | ||
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| Tying | | Tying | ||
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| | | Art. 37(1)(c) prohibits tying. | ||
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| Market Division | | Market Division | ||
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| | | Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Rosenfeld,'' supra note 1, at 590.</ref> | ||
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| Output Restraint | | Output Restraint | ||
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| | | Circular 65 of March 31, 1954 states that banned practices include output restraint.<ref>''Id.''</ref> | ||
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Latest revision as of 18:19, 9 July 2008
Score = 12
Governed by: Article 419 of the Penal Code[1] and Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of June 30, 1945.[2][3]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Art. 419 of the Penal Code permits fines for price manipulation.[4] |
| Prison Sentences | 1 | Art. 419 of the Penal Code permits prison sentences for price manipulation.[5] | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Art. 419 violations.[6][7] |
| Remedies Available to 3rd Parties | 1 | The French Code of Criminal Procedure allows private parties injured by crimes, including Art. 419 violations, to press civil actions. [8] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | The law does not address mergers. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Art. 37(1)(a) prohibits any party from refusing to sell to consumers. |
| Abusive Acts | 0 | ||
| Price Setting | 1 | Article 37(f)(1)(4)prohibits price setting by any party. | |
| Discriminatory Pricing | 1 | Art. 37(b) prohibits discriminatory pricing. | |
| Resale Price Maintenance | 1 | Art. 37(1)(f)(4) prohibits any party from engaging in resale price maintenance. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | |||
| Restrictive Trade Practices | Price Fixing | 1 | Article 59 bis prohibits price fixing. |
| Tying | 1 | Art. 37(1)(c) prohibits tying. | |
| Market Division | 1 | Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.[9] | |
| Output Restraint | 1 | Circular 65 of March 31, 1954 states that banned practices include output restraint.[10] | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 59 ter allows otherwise prohibited practices if they increase efficiency. |
References
- ↑ In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, The Legal Protection of Competition in France, 48 Cal. L. Rev 574 (1960) at 578 n.21.
- ↑ Business Regulation in the Common Market Nations, (Harlan M. Blake, ed., 1969), at 105-126.
- ↑ For an English translation of many of the relevant portions of the statute, see Rosenfeld, supra note 1, at 593-95. The full text of the statute is unavailable.
- ↑ Id. at 578 n.21
- ↑ Id.
- ↑ Blake, supra note 2, at 117
- ↑ This does not apply to Decree 53-704 or Ord. 45-1483. Id. at 295.
- ↑ current provision, Article 2 of the Code (Ordinance no. 58-1296 of 23 December 1958) available in English from Legifrance at http://195.83.177.9/code/liste.phtml?lang=uk&c=34&r=3884
- ↑ Rosenfeld, supra note 1, at 590.
- ↑ Id.