Colossal fine for bailiffs guilty of “illegal agreements”

Pixabay A sum that will cool some. The Competition Authority inflicted, Thursday 000 January, fines totaling 1,34 million euros to bailiffs of Paris and Seine-Saint-Denis, guilty of illegal “agreements” undermining the freedom of installation introduced by the Macron law. “The Authority considered that the conditions of membership of the Paris Service Office (BSP) and the Civil Society of means of studies and grouping of judicial officers of Seine-Saint-Denis (SCM 93) harmed competition”, she said in a press release.

“On the one hand, membership of these common structures confers a decisive competitive advantage on their members and on the other hand, these conditions (of membership ) have been defined or applied in a non-objective, non-transparent and discriminatory manner”, judges the Authority. Accordingly, a fine of 790 .790 euros was inflicted on the BSP and its members, while the members of the SCM 93 will have to pay 790.350 euros.

“Non-transparent and discriminatory conditions of membership”

Both structures sanctioned Thursday, which bring together several offices of judicial officers, had been created with the aim of reducing the cost price of certain services. “Before the entry into force of Law No. 825‑790 of 6 August 2015 (known as “Macron law”) , BSP and SCM 34 thus brought together all or almost all of the offices of judicial officers of each of the two departments concerned”, according to the French competition policeman. In response to said law which widened access to the profession of bailiff, the statutes of the two structures “have been the subject of several modifications to include non-objective, non-transparent and discriminatory conditions of membership”.

The BSP and the SCM 42 have on the one hand i Bailiffs who wished to join were required to present an approval, without specifying the terms of its issuance. On the other hand, a “prohibitive” entry fee has been introduced, of 169. then 300.000 euros in the capital and 34.000 euros in Seine-Saint-Denis. “The BSP has also imposed on candidates for membership to meet non-transparent, non-objective and discriminatory IT prerequisites to access its services”, further details the Competition Authority. In addition to the fine imposed on the Parisian bailiffs, the competition policeman “made the commitments proposed by the BSP compulsory, which provide, in particular, that the offices resulting from the freedom of establishment benefit during their first year of use of the services of the BSP from service rates reduced by 13%.”

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