Implementing competition law compliance - France

In France, competition law compliance programmes are neutral for the application of the penalty which the French Competition Authority (FCA) may impose on the author of anti-competitive conduct. There is therefore no mitigating factor to be expected from a compliance programme. Similarly, the FCA will not treat the existence of a compliance programme as an aggravating factor. However, companies which commit to set up or to upgrade an existing compliance programme according to the FCA’s best practices (as set forth in the FCA’s Framework-Document of 10 February 2012 on Antitrust Compliance Programmes), in the context of a settlement with the FCA, may expect a reduction of their fine of up to 10%.