The fine has been greatly reduced.
The Paris Court of Appeal confirmed, this Thursday, the conviction of ham and charcuterie manufacturers for price agreements, but reduced the sanction of 93 million euros initially to some 39 million euros. pronounced by the Competition Authority, according to the judgment consulted by AFP.
On July 16, 2020, the Competition Authority heavily sanctioned a dozen industrialists to the tune of 93 million euros in total for having formed a “cartel” in order to agree on the prices of ham and cold meats. between 2010 and 2013.
The heaviest fines were imposed respectively against the French leader in pork production, the Cooperl cooperative (35.5 million euros), and the distribution group Les Mousquetaires (31.7 million euros). fine), and the Fleury Michon group (nearly 14.8 million euros fine).
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The court of appeal significantly reduced the fine of the Cooperl cooperative, to 13 million euros.
In their decision, the magistrates explain that they took into account “the particular financial difficulties that the group justifies”.
The financial situation alleged by Fleury Michon has not been established, estimated the court, which imposed a fine of 12.9 million euros on the group.
The Les Mousquetaires group (Intermarché, Netto) saw its sanction reduced on appeal to 5.6 million euros.
“The illegal agreement” established by the court of appeal
Three illegal cartel practices were accused of this “ham cartel”, and “found established by the court of appeal”, according to a press release from the court.
The cured butchers had notably worked together to “present a common front” during negotiations with pig slaughterers “in order to counter demands for price increases, or even to obtain price reductions”.
The industrialists had also, for some, held secret meetings to “coordinate their requests for price increases from major retail brands and organize their responses, particularly in terms of price, to calls for tenders from these brands, relating to the marketing of raw and cooked charcuterie products, under private label or at first price”.
The court of appeal, however, "exonerated" certain companies targeted for one of the three cartel practices, and also considered that "the participation of other companies, in one or other of the practices reproached, is diminished in its duration.
Contacted by AFP, the companies Fleury Michon and Cooperl did not react immediately.