FRANCE Trends and Developments Contributed by: Christophe Ingrain, Paul Mallet, Isaac Arnoud and Arthur Teisseire, Darrois Villey Maillot & Brochier
legal certainty that originally made it a pragmatic alter - native to lengthy and uncertain criminal trials. The Growing Role of Criminal Law in the Repression of Anti-Competitive Practices Competition law, traditionally dominated by adminis - trative and regulatory mechanisms, is undergoing a significant shift with the increasing use of penalisa - tion for anti-competitive practices. In recent years, the National Financial Prosecutor’s Office (PNF) has rein - forced its involvement in this area, particularly since the adoption of Law No 2020-1672 of 24 December 2020, which expanded its jurisdiction to include viola - tions under Article L. 420-6 of the French Commer - cial Code related to anti-competitive agreements. This shift is part of a broader trend of growing reliance on criminal law within the field of competition, with an increased use of the procedure under Article 40 of the French Code of Criminal Procedure, allowing the investigative services of the Competition Authority to benefit from criminal investigation tools. However, the extension of criminal law to competi - tion law has raised a significant issue, particularly concerning the application of Article L. 420-6 of the Commercial Code, this article specifically targets indi - viduals, not legal entities. The question has remained whether a legal entity can be criminally sanctioned under this provision, as it does not explicitly mention the liability of legal persons. An important development occurred with the CJIP concluded between the PNF and the Paprec Group on 10 February 2025. This CJIP marked a turning point by including anti-competitive practices under Article L. 420-6 on the basis of their factual connection to the main environmental offences, implicitly recognis - ing the criminal liability of legal entities. This approach is significant as it departs from the traditional under - standing of the text and sets a precedent for penalis - ing anti-competitive practices through a criminal set - tlement. The PNF’s approach aligns with the growing trend to penalise anti-competitive practices. However, the application of Article L. 420-6 to legal entities remains a complex and controversial issue. It allows prosecu - tors to address acts that are not sanctioned under
criminal law, moving toward a contra legem solution. In this context, the CJIP no longer serves as an alter - native to prosecution but instead allows the inclusion within the penal system of acts that the legislature has explicitly decided to exclude. This raises several ques - tions, both regarding the nature of the CJIP, which is supposed to have an incentivising role in putting an end to procedures initially intended to be prosecuted in court, and concerning the issue of the accumulation of administrative and criminal sanctions if a legal entity that has accepted such a CJIP is also prosecuted by the competition authority. The questions raised by this evolution, particularly regarding the interplay between criminal sanctions and administrative penalties, as well as the protection of defence rights within this framework, remain crucial in defining the boundaries of this new penal approach. The Ongoing Recodification of the Code of Criminal Procedure A broad reform of French criminal procedure is cur - rently underway. It results from Article 2 of Law No 2023-1059 of 20 November 2023, which authorised the government to rewrite the legislative part of the Code of Criminal Procedure by ordinance, without changing the law. The stated objective is to simplify and clarify the text without modifying the substance of existing rules. The project follows the conclusions of the États géné- raux de la Justice (2023), which identified the Code as complex and difficult to use. The reform is led by the Ministry of Justice, through the Direction des affaires criminelles et des grâces (DACG), assisted by a sci - entific committee composed of magistrates, lawyers, academics, and representatives of judicial and law enforcement bodies. The recodification aims to improve the readability and coherence of the Code, harmonise its terminol - ogy, and remove obsolete or redundant provisions. It also seeks to ensure consistency with higher legal standards and to update references to recent legisla - tive reforms. The ordinance must be adopted by 21 November 2025, with a view to publication and entry into force
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