Within the Ministry for the Economy, the DGCCRF oversees the proper functioning of the markets, for the benefit of consumers and businesses. The DGCCRF acts in favor of compliance with the rules of competition, the economic protection of consumers, the safety and conformity of products and services. A control authority, it intervenes in all areas of consumption (food and non-food products, services); at all stages of economic activity (production, processing, import, distribution); regardless of the form of commerce: stores, e-commerce sites or sites linked to the collaborative economy, etc.
Pursuant to Decree No. 2022-1701 of December 29, 2022 defining the procedures for publicizing the measures taken pursuant to Book IV of the Commercial Code and Book V of the Consumer Code, Companies that do not comply with consumer law, competition and trade, may be blacklisted by the DGCCRF (General Directorate for Competition, Consumer Affairs and Fraud Control)
This decree is based on articles L464-9 et s. of the Commercial Code and L521-2 and s. of the consumer code.
“Name and shame”: what can the DGCCRF publish?
Not only the penalties imposed for non-compliance with payment deadlines, but also those imposed for all offenses prosecutable by the DGCCRF:
- Infringements of consumer law (pre-contractual information, right of withdrawal, legal warranty, misleading commercial practices)
- Infringements constituting practices restricting competition
The DGCCRF may publish these sanctions on its website (see the “sanctions” page) or by press release, at the expense of the sanctioned company, on physical media (paper press, stores) and the Internet (blogs, social networks).
“Name and shame”: how to get unpublished?
The DGCCRF, following an investigation, takes an "injunction" or proposes a transaction.
If the injunction is not followed by effect, it may be the subject of a publication, the terms of which have been previously announced to the company concerned, before the injunction is pronounced.
“The terms of the advertising are specified in the injunction measure. »