The facts date back to November 16, 2023, during the preliminary phase of the OVS (Visit and Seizure Operation). The manager of the Loste group, also vice-president of the Fict (Federation of delicatessen and catering companies) as well as its legal director provided inaccurate or incomplete information to the Authority’s rapporteursthus hindering the progress of operations. These OVS took place in the Parisian premises of the Loste group and Fict, as part of an investigation opened in 2021 in the cured meats sector.
Operations as part of an investigative measure
The Authority’s finding mentions that the legal director of the company CA Conseils et services, designated occupant of the premises of the Loste group, gave information that she knew to be inaccurate to the rapporteurs present on site by indicating that the leader of the Loste group was not present, although she had previously met him and informed him on this occasion of the presence of the Authority’s rapporteurs in the premises. Likewise, the manager of the Loste group gave information that he knew was inaccurate, indicating that he was traveling in the United Kingdom, even though he was, at that time, present on the premises of the group in Paris. The facts took place during the preliminary phase of the OVS, an important investigation because it conditions the smooth progress of the rest of the investigation. It therefore requires full cooperation. “ Companies subject to an investigative measure must therefore refrain from providing incomplete or inaccurate information in accordance with the provisions of paragraph 2 of V of Article L. 464-2 of the Commercial Code. », recalls the Authority.
A hefty fine
« In view of these elements, a sanction of 900,000 euros is imposed jointly on the companies Loste and CA Conseils et services, as authors, and on their parent company, the company CA Animation», Specifies the Competition Authority in a press release. Finally, it is specified that this decision cannot prejudge the guilt of the Loste group regarding the alleged practices which led to the creation of the OVS. Only an investigation into the merits will make it possible, if necessary, to establish, or not, liability.
