Anti-corruption educational booklet for students
The French Anti-Corruption Agency (AFA) has published an educational booklet designed to raise awareness among all students about breaches of probity, as well as the means of preventing, detecting and punishing them. The document builds on the work the AFA has carried out since its creation in universities, particularly in compliance and law programs, in order to reach a wider audience. Organized into eight chapters, from the state of corruption to the convention judiciaire d’intérêt public (judicial public interest agreement), it presents the concepts in a simplified way and complements legal textbooks and the materials intended for professionals. The AFA reminds readers that every citizen may one day face these risks. > Read press release.
Comprehensive law on sexual and gender-based violence: mandatory internal investigations in companies approved… but room for improvement
On 13 October, the French National Assembly adopted at first reading the comprehensive bill on sexual and sexist violence against women and children. Article 44 of the bill notably establishes an obligation for employers to conduct an internal investigation following the reporting of sexual assault, sexual harassment or sexist behavior in the workplace. The bill also provides for sanctions against companies that fail to conduct such an investigation, with penalties of up to 1% of the establishment’s payroll. However, some specialists regret that the text does not require employers to examine their own responsibility for prevention. > Read the article.
Port of Longoni in Mayotte: French Competition Authority Fines Several Companies of the Mahoran Nel Group €2.1 Million for Abuse of Dominant Position in the Port Handling Sector
In a decision on the merits, the French Competition Authority imposed fines totaling €2,162,599 on several companies of the Nel Group for abusing their dominant position in the port handling markets in Mayotte. The Authority found, first, an exclusionary abuse arising from the exploitation by Mayotte Channel Gateway (“MCG”), a public service concessionaire, of its dominant position to favor its subsidiary Manu-Port to the detriment of the historic stevedoring operator, Société Mahoraise d’Acconage de Représentation et de Transit (“SMART”). Second, the Authority identified exploitative abuse, consisting in the imposition of unfair pricing conditions on importers in Mayotte, including charges for certain services that were never performed. MCG’s status as a public service concessionaire was considered an aggravating circumstance. The Authority also ordered MCG to publish a summary of its decision. > Read the article.
Nuclear power: Was EDF the victim of “organized-gang corruption and anticompetitive collusion” by maintenance companies?
On 13 October, the French National Financial Prosecutor’s Office (PNF) conducted searches at several companies operating in the nuclear maintenance sector as part of an investigation into suspected organized corruption, anticompetitive collusion, organized fraud and money laundering to the detriment of EDF. The searches targeted a number of service providers, as well as EDF’s headquarters and the homes of certain employees and agents. Investigators are focusing in particular on the conditions governing access to contract relating to the maintenance of France’s nuclear fleet, a business that has historically costs EDF approximately €6 billion per year. >Read the article.
Argentina seeks provisional measures in Falklands drilling dispute
Argentina has submitted a request for provisional measures before the International Tribunal for the Law of the Sea (“ITLOS”) in Hamburg in connection with its arbitration against the United Kingdom over the Sea Lion oil project located north of the Falklands Islands (Malvinas). Argentina asks ITLOS to order the UK to suspend drilling permits and avoid any conduct that could aggravate the dispute. According to Argentina, the planned drilling in a maritime area whose sovereignty remains disputed would create an irreversible fait accompli, prejudice its claimed rights over the continental shelf and pose significant risks to the marine environment. Argentina further argues that the UK’s unilateral exploitation of natural resources is inconsistent with UN decolonization resolutions calling for negotiation. The UK government answered, underlining the lawfulness of the project, backed by the islanders’ right to self-determination. It has announced its refusal to comply voluntarily with the requested provisional measures, as well as its intention to contest the jurisdiction of the arbitral tribunal. > Read the article.