8 billion euros it indicates to the authority

"Competition law should walk on two legs balanced: the repressive action, and the action for damages", explained, Monday at the wishes of the authority of the competition, its Chairman Bruno Lasserre. The decision of the Court of appeal of Paris of divide by eight, to EUR 73 million against 575 million, the historic fine imposed in December 2008 to the "case" that was steel cartel involving 11 companies (Arcelor, KDI, Descours and Cabaud, etc.), in a case of revealed yesterday by "Les echos", has seriously undermined this repressive component. In November, the relations of the competition authority with the Court of appeal of Paris, chaired since last year by Thierry Fossier, was were already strained after the cancellation of a fine of nearly EUR 50 million on an agreement in the sector of perfume.

"The limit is the sky".

But, this time, the record amount associated with the Court of appeal arguments - as the economic context, relations between daughter and mother, the damage to the economy and the granting of additional reductions - crystallize the positions. "It's a judgment that will be much commented," summarizes a lawyer, believing that it reflects the arm of current railway between the authority, the Court of appeal and the companies, these have often disputed the amounts of the fines. "Need a competition law to avoid distortions, but we are moved by the inflation of the fines in seeing that the limit is the sky", said a management framework.

An issue of public finances

The Ministry of the economy is now 30 days to decide whether an appeal in cassation, because the decision had been taken by the ex-Conseil of the competition. The competition authority succeeded him in March 2009. Bercy will have to distinguish between the political issue, pressure from business and the recommendations of its administration, partly stripped of its old prerogatives in competition. Without neglecting an issue of public finances: the overall fine of 575 million was to come back into the coffers of the State. To date, however, the fine had not been paid Treasury spread was reached with the sanctioned companies plan. If the Ministry of the economy does not understand the Court of cassation, the authority should consider whether its new powers give him the right to a decision taken by the competition Council. A priori, indicates Bercy.

The risk of a reference to the criminal

This decision will change the ratio of forces between the business and the competition authority. But it said other possible consequences for future business. First, view, the European Commission might preserve business that it delegated to the national authorities so far. However, in this context, companies not would not winning, believes the authority. "According to the guidelines of Brussels, the cartel of steel could have an overall fine of 1.5 to 1.8 billion euros", it indicates to the authority. The fines were more dissuasive, the regulator may also choose to return to heavier business, with risk of prison sentences. "But it would be the death of the procedures of mercy", qualifies a lawyer. In 2008, some 20 companies have denounced cartels for reduction of fines.

A new test of the policy of the Court of appeal from cartel will be given as early as next week: three companies of acting - Adecco, Manpower and VediorBis - appealed to a fine of EUR 94.4 million imposed a year ago.