The administrative authority responsible for competition and consumer affairs has the right, as long as the public prosecution has not been initiated, to reach a settlement, with the agreement of the public prosecutor, in accordance with the procedures laid down by decree in the Council of State, for:
1° Offences covered by Books I, II, III and IV as well as those covered by their implementing regulations;
>2° Offences not covered by Books I, II, III and IV as well as those covered by their implementing regulations;
3.
2° Offences not punishable by imprisonment provided for in Books I, II and III as well as for the offences provided for in Articles L. 121-2 to L. 121-4.
The proposed settlement specifies the amount of the settlement fine. This amount is determined taking into account the commitments made by the offender in consideration of the last paragraph of this article. It shall be less than the maximum amount of the financial penalty incurred.
This agreement includes, where appropriate, obligations to put an end to the infringements, to prevent their recurrence and to compensate consumers for the damage suffered.