98 40NUMBER OF YEARS DURING WHICHTHE INTERPROFESSIONAL ORGANISATION PUBLISHED TARIFF RECOMMENDATIONS FOR ITS MEMBERS … PRECEDENTS IN Since, unlike companies, the trade associa- THE WINE SECTOR Drawing up tions do not generate turnover, the finan- and disseminating price lists by a trade cial penalties were determined according to The associations in question could not rea-association is procedures specific to the case in question, listically argue that there was no precedentincompatible with in application of the Notice on Fines (Notice for being unaware of the competition rules:free competition of 16 May 2011 on the method for determi- • In various decisions, the DGCCRF had orde-By drawing up and distributingning financial penalties). The Autorité noted red professional associations to cease priceprice lists, a trade union or that the associations in question had their recommendation practices and to inform an interbranch organisation own resources, consisting in particular of their members of the illegal nature of encourages its members annual membership fees. As such, for exa- to turn away from a direct concerted pricing. In particular, the Frenchand individual understanding mple, the amount of contributions received Minister of the Economy concluded a sett- of their commercial strategy by the CIVA in recent years was several million lement in 2015 in the Languedoc wine mar- and from independently euros. In this context, it handed down fines keting sector for price recommendation setting their prices, which totalling €376, 000. practices. distorts negotiations between • Moreover, the Autorité itself was promp- operators. Decision 20-D-12 of 17 September 2020 ted to impose fines in 2018 for similar prac- This decision is being appealed (case pending). tices in the sector of marketing bulk wines of AOC Côtes-du-Rhône (Decision 18-D-06 of 23 May 2018). R E • A G R I C U L T U R E • A G TROPER LAUNNA 0202 – erutuf evitisop erom a gniretsoF R I C U L T U