The non-retroactivity of more severe criminal or quasi-criminal sanctions is an integral part of the rule of law.
However, the French Competition Authority does not consider itself bound by this fundamental principle with regard to its Sanctions Notice of 30 July 2021.
In our view, the non-retroactivity of the Competition Authority’s 2021 Sanctions Notice should nevertheless prevail.
The following article sets out the arguments that can be raised against the retroactive application adopted by the Competition Authority.
