The “ ham cartel ” has fallen. After more than twenty months of investigation, the Competition Authority finally delivered its verdict in the case of a possible cartel that united twelve manufacturers in the ham and sausage sector. The verdict is severe: the institution pronounces a penalty in the amount of 93 million euros, distributed among the various participants in the cartel.
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Concretely, explains the decision, the twelve companies - Cooperl Arc Atlantique, Les Mousquetaires, Fleury Michon, Coop, Savencia, Campofrio, Aubret, Sonical, La Financière du Haut pays, CA Animation, Nestlé and Salaisons du Mâconnais - have set up a double agreement, both upstream , the slaughterers who supplied them with the meat, and downstream, the distributors who sold the finished products. Some companies participated in one or the other of these two sides of the cartel. This dual organization allowed them to put pressure on prices, in a coordinated manner, in order to control the market.
In terms of slaughterers, four manufacturers (Campofrio, Fleury Michon, Financière Turenne Lafayette and Les Mousquetaires), representing in particular the brands Aoste, Madrange and Monique Ranou " agreed on the weekly variation of ham without wet to present a common front against slaughterers, in order to better resist the requested price increases or to obtain price reductions , ”summarizes the Authority. This agreement, active between 2011 and 2013, was organized during discussions on the phone, " generally Thursday afternoon or Friday morning ". The companies' negotiators agreed on a common position and then defended it, each on their own, during bilateral discussions with the slaughterers. At the same time, they kept abreast of the progress of negotiations and contracts concluded.
On the distributors 'side, the companies' agreement focused on the prices of “ charcuterie products, both raw / dry ” (such as raw sausages or hams) as well as those “ cooked ” (such as pâtés or rillettes). Eight companies belonging to the CA Animation, Campofrio, Coop, La Financière du Haut Pays, Financière Turenne Lafayette, Savencia, Sonical and Salaisons du Mâconnais groups participated in the cartel on raw charcuterie products, against seven companies from the Campofrio groups , Cooperl Arc Atlantique, Financière Turenne Lafayette, Les Mousquetaires, Nestlé et Roullier and Aubret for the one on cooked charcuterie products.
It focused on the products offered by distributors for their own brands or first prizes. Again, cartel members chatted over the phone, as well as " at least six secret multilateral meetings between competitors in hotels in Paris and Lyon ... where a 'tour de table' was held , sign by sign, on the positioning of each competitor, the current or desired price increase and the results obtained from distributors . ” The agreement on raw and dry charcuterie products was active between April 2010 and April 2013, while that on cooked products was active from July 2010 to June 2012.
" Serious " practices distorting competition
The “ ham cartel ” was detected by the Autorité in 2012. In October, Campofrio filed a leniency application with the Autorité de la concurrence. The legal procedure allows her, " subject to fulfilling certain conditions ", to receive the guarantee of " total immunity from fines " in exchange for her cooperation and the transmission of information on the cartel in which she participated. . Only the first company to denounce the cartel will benefit from the total impunity of the fine: the members of the cartel are therefore encouraged to denounce the latter as soon as possible to the Authority. Thanks to these first revelations, the Authority was able to carry out "search and seizure operations " in May 2013, allowing evidence to be gathered. The Coop group then followed the example of Campofrio, in turn asking, in September, to benefit from the leniency program.
Denouncing trade distorting competition, the Authority sanctions “ serious ” practices . She also points out that the Campofrio group lied by omission by " failing to report to it the holding of a meeting on raw sausage products ", despite its obligation to cooperate. His mistake will cost him dearly: a million euros fine, and the impossibility of benefiting from " total exemption from sanctions ". On the contrary, the Coop group played the game by cooperating more than necessary with the investigators.
The amount of sanctions per company varies according to several criteria, including their participation in the investigation. The Cooperl Arc Atlantique group received the heaviest penalty, with a fine of 35.53 million euros, followed by the Musketeers (31.75 million) and Fleury Michon (14.76 million euros). Conversely, Nestlé will only have to pay 96,000 euros, and Salaisons du Mâconnais only 1,000 euros. The Authority also specifies that its decision is subject to appeal by the groups mentioned.