I.-For proceedings which have been the subject of information by the Competition Authority pursuant to Article 11(3) of Regulation (EC) No 1/2003, the Competition Authority shall inform the European Commission and the national competition authorities of the other Member States of the European Union when it decides that there are no grounds for continuing the proceedings initiated and terminates them.
The Autorité de la concurrence informs the European Commission and the national competition authorities of the other Member States when it issues a decision imposing precautionary measures in the case of practices that may infringe Articles 101 and 102 of the Treaty on the Functioning of the European Union.
II.In order to establish whether an undertaking or association of undertakings has refused to submit to the investigative measures and decisions taken by a national competition authority of another Member State of the European Union, the Competition Authority may, at the request and on behalf of the requesting authority, implement its investigative powers. To the same end, it may exchange information with the requesting authority and use it as evidence, subject to the safeguards provided for in Article 12 of Regulation (EC) No 1/2003.
III.The Competition Authority may request the assistance of an authority of another Member State exercising similar powers in notifying the addressee of any procedural act or document relating to the application of Articles 101 or 102 of the Treaty on the Functioning of the European Union, in accordance with the rules applicable in that Member State.
IV.-At the request of an authority of another Member State exercising similar powers, and on behalf of that requesting authority, the Competition Authority shall notify the addressee:
1° Any preliminary objections relating to a procedure initiated for the application of Article 101 or 102 of the Treaty on the Functioning of the European Union and any decisions applying those Articles;
2° Any other procedural act, adopted in the context of the application of those same articles, the notification of which is required under the rules of the national law of the requesting authority;
3° Any other relevant document relating to the application of those same articles, including documents relating to the enforcement of decisions imposing a financial penalty or a periodic penalty payment.
The notification requested by the requesting authority and implemented by the Competition Authority is governed by French law. It shall be effected by registered letter with acknowledgement of receipt.
The notification requested by the requesting authority shall be effected by the Competition Authority, without undue delay, by means of a uniform instrument, the model for which shall be established by an order of the Minister responsible for the economy. The uniform instrument transmitted by the requesting authority, drawn up in the French language, shall be accompanied by a copy of the document to be notified and its translation into the French language.
The Competition Authority shall not be obliged to grant its assistance to the requesting authority where the request does not comply with the requirements of this Article, or where the Competition Authority is able to demonstrate that compliance with the request would be manifestly contrary to French public policy. The Competition Authority shall contact the requesting authority where it intends to reject its request for notification or wishes to obtain further information.
The Competition Authority may request the requesting authority to bear the full costs incurred in connection with the request for assistance, including translation costs, labour costs and administrative costs.
V.-The Competition Authority may request the assistance of the competent administrations of the Member States of the European Union for the enforcement of its decisions imposing a financial penalty or a periodic penalty payment adopted pursuant to Articles 101 or 102 of the Treaty on the Functioning of the European Union, in accordance with the rules applicable in that Member State.
At the request of an authority of another Member State of the European Union exercising similar powers, the Competition Authority shall enforce the decision imposing a financial penalty or a periodic penalty payment adopted by that requesting authority, insofar as that authority, after having made reasonable efforts on its own territory, establishes that the undertaking or association of undertakings in question does not possess sufficient assets in the Member State of that authority to allow recovery thereof.
The assistance of the Competition Authority may be granted in cases other than that mentioned in the preceding paragraph, in particular where the undertaking or association of undertakings in question is not established in the Member State of the requesting authority.
In all cases, the assistance of the Competition Authority is granted only if the decision that is the subject of the request has become immune from appeal through ordinary channels.
Enforcement requested by the requesting authority and implemented by the Competition Authority is governed by French law. It is carried out by registered letter with acknowledgement of receipt.
The rules on limitation periods applicable to the enforcement of a decision of a competition authority of another Member State for which the Competition Authority grants assistance are those in force in the Member State of the requesting authority.
The assistance requested by the requesting authority for the enforcement of a decision imposing a financial penalty or a periodic penalty payment shall be implemented without undue delay, by means of a uniform instrument, the model of which is established by order of the Minister responsible for the economy. The uniform instrument transmitted by the requesting authority, drawn up in the French language, shall be accompanied by a copy of the act to be enforced and its translation into the French language.
The uniform instrument shall have the effects of a judgment within the meaning of 6° of Article L. 111-3 of the Code of Civil Enforcement Procedures and shall form the basis of the measures taken with a view to recovering the pecuniary penalty or the periodic penalty payment.
The Competition Authority shall take all necessary measures with a view to the execution of the request.
The Competition Authority shall not be obliged to grant its assistance to the requesting authority where the request does not comply with the requirements of this Article, or where it is able to demonstrate that the execution of the request would be manifestly contrary to French public policy. The Competition Authority will inform the requesting authority if it intends to reject the request.
The recovery of pecuniary penalties and periodic penalty payments in France will be carried out as in the case of claims other than those relating to taxes and property, after notification of the enforcement order by the Competition Authority. The amount of the fine or periodic penalty payment is recovered in euros. If necessary, it shall be converted into euros at the exchange rate applicable on the date on which the financial penalty or periodic penalty payment was imposed.
The costs incurred in enforcing decisions imposing financial penalties and periodic penalty payments, including translation costs, labour costs and administrative costs, may be deducted from the revenue from sums recovered on behalf of the applicant authority. Failing recovery, the Competition Authority may ask the requesting authority to reimburse the costs advanced.
VI.-The declaration made with a view to obtaining the benefit of the procedure provided for in IV of Article L. 464-2 may not be transmitted by the Autorité de la concurrence to a national competition authority of another Member State, pursuant to Article 12 of Regulation (EC) No 1/2003, unless the undertaking or association of undertakings requesting the benefit of this procedure agrees to such transmission, or if that undertaking or association of undertakings has also made a request for the benefit of an equivalent procedure before that other national competition authority, concerning the same infringement, and that at the time when that statement is transmitted, that undertaking or association of undertakings no longer has the option of obtaining from that other national competition authority the withdrawal of the information it has communicated to it in support of its request.