2019 Annual financial report

Chapter 6. Consolidated financial statements 2019 year

Provisions for risks and litigation & uncertainty over income tax treatments

(Notes 1.3 “Provisions”, 8 “Income tax” and 20 “Provisions for risks and litigation” to the consolidated financial statements)

Risk identified

Publicis Groupe operates in more than 100 countries and is therefore subject to varying, complex and constantly changing laws and regulations (including tax legislation).

Furthermore, within the framework course of its activity, Publicis Groupe, its subsidiaries or its clients may face, on its own or jointly with other parties, legal actions brought by third parties, by competitors of its clients, by an administrative or regulatory authority or by a consumer association.

Management’s evaluation of the associated risks has led Publicis Groupe to recognize provisions for risks and litigation in the amount of €103 M as at December 31, 2019 (compared to €79 M as at December 31, 2018), and to recognize some uncertain income tax liability in the amount of €223 M as at December 31, 2019 (compared to €200 M as at December 31, 2018).

In view of the materiality of these provisions, the uncertainty regarding the outcome of the proceedings initiated and the high degree of judgment used by the management to estimate the risks and the amounts recognized, we consider the risks and litigations and the understatement of the corresponding provisions to be a key audit matter.

Our response

• We assessed the procedures implemented by the management in order to identify and list all the risks related to lawsuits or to commercial, regulatory or tax disputes

• We obtained an understanding of the internal reports on the disputes prepared by the local teams and compiled by the legal department.

• We assessed the estimate of costs related to these risks:

    • by considering the risk analysis performed by Publicis Groupe and by discussing each significant dispute, whether at the litigation or pre-litigation stage, with the legal department and, when applicable, the tax department of the Company and its subsidiaries;

    • by inquiring the external advisers of Publicis Groupe or by obtaining legal advice on the most significant disputes;

• We have assessed the appropriateness of the information provided in the notes to the consolidated financial statements concerning the risks related to a lawsuit or a commercial, regulatory or tax dispute.


IV. Specific verifications 

We have also performed, in accordance with professional standards applicable in France, the specific verifications required by laws and regulations of the Group’s information given in the management report.

We have no matters to report as to their fair presentation and their consistency with the consolidated financial statements.

We attest that the consolidated non-financial statement required by Article  L. 225-102-1 of the French Commercial Code (Code de commerce) is included in the Group’s information given in the management report, it being specified that, in accordance with Article L. 823-10 of this Code, we have verified neither the fair presentation nor the consistency with the consolidated financial statements of the information contained therein. This information should be reported on by an independent third party.

V. Report on Other Legal and Regulatory Requirements
Appointment of the Statutory Auditors 

We were appointed as statutory auditors of Publicis Groupe by your Annual General Meeting held on June 25, 1981 for MAZARS and on June 4, 2007 for ERNST & YOUNG et Autres.

As at December 31, 2019 MAZARS and ERNST & YOUNG et Autres were in the 39th year and 13th year of total uninterrupted engagement respectively (ERNST & YOUNG Audit having previously served as statutory auditor of Publicis Groupe from 2001 to 2006).