Paragraph 2: Criminal penalties

The aggressive commercial practices referred to in articles L. 121-6 and L. 121-7 are punishable by two years’ imprisonment and a fine of 300,000 euros. The amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the basis of the last three annual turnover figures known on the date of the offence. In the event…

When the aggressive commercial practices mentioned in articles L. 121-6 and L. 121-7 have been followed by the conclusion of one or more contracts, the prison sentence provided for in Article L. 132-11 is increased to three years.

When the aggressive commercial practices mentioned in articles L. 121-6 and L. 121-7 have been committed as part of an organised gang, the prison sentence provided for in Article L. 132-11 is increased to seven years.

Natural persons guilty of the offence punishable under article L. 132-11 are prohibited, for a period of up to five years, from directly or indirectly engaging in commercial activity. Corporate entities declared criminally liable under the conditions provided for in the Article 121-2 of the Penal Code, of the offence punishable under Article L. 132-11 shall incur, in addition to the fine in accordance with the procedures set out in…