Cartel conduct is criminalised by the French Criminal Code.
It is a criminal offence for a person to fraudulently take a personal and decisive part in the conception, organisation or implementation of anti-competitive practices.
Anti-competitive practices, including those involving cartels, are defined in article L420-1 of the French Criminal Code. They include any express or tacit concerted practice, whose purpose or effect in particular:
- limits the market access of or free competition between undertakings;
- prevents free price fixing by the market by artificially encouraging price increases or decreases;
- limits or controls production, outlets, investments or technical progress; or
- shares markets or supply sources.
Maximum fine of EUR75,000 and four years’ imprisonment.
Fines may be imposed.