A Decree published on 30 December 2022, implementing French Law no. 2022-1158 of 16 August 2022 on emergency measures to protect purchasing power, has strengthened and extended the DGCCRF’s "Name and Shame" capacities.
In addition to its power to impose penalties, the DGCCRF is entrusted with a power of injunction, which allows its agents to enjoin any professional to cease an illegal practice and/or to comply with the applicable legislation within a given period of time.
Moreover, the DGCCRF is already able to communicate publicly regarding certain kinds of sanctions it imposes (e.g.: sanctions for infringements of the regulation on payment delays).
Under this new Decree, the DGCCRF has, since 31st December 2022, the capacity to communicate publicly on all the injunctions it orders, whether in the context of its missions to protect consumers or in the context of its missions to protect the fairness of commercial relations.
The DGCCRF is now able to disseminate its communications - alternatively or cumulatively - through a wide range of media: newspapers, its website, or on social media. Also, all the costs relating to communication will be at the charge of the professional sanctioned.
When the DGCCRF will intend to use this power to communicate publicly on the injunction to be issued, it will have to inform the professional of its intention, during an adversarial procedure prior to the pronouncement of the sanction.
The French Minister for Small and Medium Enterprises, Trade, Crafts and Tourism mentioned that these new powers will be used widely and promptly by the DGCCRF.
Since 31st December 2022, in the event of an investigation launched by the DGCCRF, the risks of impact on the company's image and reputation are higher. Our team, which has wealth of experience in representing companies in the context of inquiries launched by the DGCCRF, is in the best position to help you navigate these new issues.
Authored by Christine Gateau and Yaël Michel.
