AVOCAT NICE – CLAIM COMPENSATION FOR THE LUNCHEON VOUCHER SCANDAL

In Decision No. 19-D-25 of 17 December 2019, the French Competition Authority condemned the four main companies issuing meal vouchers (Endered, Sodexo, Up and Natixis Intertitres) for anti-competitive agreements between 2002 and 2018.

According to article L420-1 of the French Commercial Code, a cartel is defined as the concerted action of several companies with the aim of distorting competition, preventing new players from entering the market and/or hindering the free setting of prices.

The cartel was formed through the association Centrale de Règlement des Titres Traitement (CRT).

The CRT’s task was to transmit monthly information to the cartel’s member companies concerning the individual market shares of each member.

This led to an increase in commissions for retailers collecting meal vouchers. 

In addition, a memorandum of understanding was signed by the cartel members via the CRT.

Under this agreement, each member of the cartel agreed not to develop a dematerialised meal voucher platform until 2012.

This was to give the CRT time to innovate in this area.

This inevitably slowed down innovation and the development of paperless meal vouchers.

The Autorité de la Concurrence has therefore imposed the following financial penalties: 

– Edenred France: €72,290,000;

– Edenred France jointly and severally with Edenred SA: €65,509,000;

– Natixis Intertitres: €4,360,000;

– Natixis Intertitres jointly and severally with Natixis: 69,902,000 euros;

– Sodexo Pass France, jointly and severally with Sodexo SA: 110,983,000 euros;

– Société Up: 34,703,000 euros;

– Association Centrale de Règlement des Titres Traitement: 2,000,000 euros.

This decision was subsequently confirmed by the Paris Court of Appeal on 16 November 2023 (no. 20/03434).

On the basis of this ruling, retailers who are victims of this anti-competitive agreement are now entitled to seek compensation before the courts.

So if you are a retailer and paid particularly high contributions on meal vouchers to one of these four companies between 2002 and 2018, you are certainly eligible to claim compensation.

Maître DAMY, a lawyer specialising in Competition Law in Nice, will work with you to help you obtain the best possible compensation.