COMPETITION • FRENCH LAW • PROCEDURE
The Competition Authority adjusts the basic amount of the fine to take into account mitigating circumstances, which may result from:
– the specific procedures for public procurement and the limited number of suppliers;
– the absence of regulation;
– the absence of or negligible effects of the agreement;
– the limited duration of the practice;
– whether the anticompetitive behavior has ended;
– the actions of a third party;
– the role played by the undertaking or body that was the victim of the cartel;
– the undertaking’s vulnerable position;
– the low level of involvement of the undertaking.
