COMPETITION • FRENCH LAW • PROCEDURE
The Competition Authority adjusts the basic amount of the fine to take into account aggravating circumstances. Aggravating factors that may increase the amount of the fine include:
– the particularly anticompetitive nature of a practice;
– its duration and organized nature;
– the fact that the practice took place on an emerging market;
– the continuous participation in the collusive behavior;
– the fact that the practice has been the subject of a previous injunction;
– knowledge of the unlawful nature of the practice;
– the position of the undertaking on the market due notably to its particular reputation, quality, the fact that it belongs to a large group where it does not act autonomously on the market or its economic power;
– the fact that the undertaking’s behavior is an example to others notably in its position as dominant market leader;
– the undertaking’s role as leader.
