The French Cour de cassation confirms the FCA’s independence in settlement-referral procedures

October 31, 2025

The French Cour de cassation confirms the FCA’s independence in settlement-referral procedures and classifies information exchanges between tenderers, including when exploring subcontracting, as a restriction by object.

On September 24, 2025, the French Cour de cassation upheld the sanction imposed by the French Competition Authority (“FCA”) on Vinci group entities active in construction and technical services, and on their subsidiary Santerne Nord Tertiaire (“Santerne”), for unlawful exchanges of confidential information during a public tender procedure.

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