The DGCCRF, name and shame and other actions, the trademark, distribution and competition law lawyer in Paris responds

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“Name and shame”: how to get unpublished?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. »

It is therefore appropriate to refer to the injunction measure to verify that the publication is indeed in line with the forecasts. A "posting" cannot in any event exceed two months.

In the event of resistance to the injunction, even published, the authority of competition or the civil jurisdiction can be seized by the minister for more important decision-making.

But the Minister can also take authoritative measures, such as requesting an automatic delisting of the website of the seller served with formal notice.

Thus, in the wish.com affair, the Minister requested and obtained from the search engines the delisting of the site (Conseil d'Etat, January 27, 2023, No. 459960), pursuant to Law No. 2020-1508 of December 3 2020 (article L521-3-1 of the consumer code).