For the application of articles L. 441-17 and L. 441-18, a guide to good practice is published and updated regularly.
Each distributor shall communicate to the Director General of Competition, Consumer Affairs and Fraud Control or his named representative, by 31 December each year at the latest, the amounts of the logistical penalties it has imposed on its suppliers over the last twelve months as well as the amounts actually collected. It shall detail these amounts for each of the months.
Each distributor shall communicate to the Director General of Competition, Consumer Affairs and Fraud Control or to his named representative, before 31 December 2023, the amounts of the logistics penalties it has imposed on its suppliers in 2021 and 2022 respectively, detailing them month by month as well as the amounts actually collected.
Each supplier shall notify the Director General of Competition, Consumer Affairs and Fraud Control or his named representative, by 31 December each year at the latest, of the amounts of the logistics penalties imposed on it by its distributors over the last twelve months as well as those it has actually paid.
Each year, the Government will send a summary of the information provided for in the second to fourth paragraphs of this article, which may not be made public, to the Chairman of the Economic Affairs Committee of the National Assembly and the Senate. It shall specify, where applicable, any breaches of Article L. 441-17 observed by the Minister responsible for the economy and the action taken to put an end to them.
Any breach of the second to fourth paragraphs of this article is punishable by an administrative fine, the amount of which may not exceed €75,000 for a natural person and €500,000 for a legal entity.
The maximum fine incurred is increased to €150,000 for a natural person and €1,000,000 for a legal entity in the event of a repeat breach within two years of the date on which the first penalty decision became final.