For the purposes of Article L. 463-4, when a person requests protection of business confidentiality with regard to items communicated by him to the Autorité de la concurrence or seized from him by the latter, he shall indicate, either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform, for each item of information, document or part of a document in question, the purpose of his request and the reasons for it. It shall provide separately a non-confidential version and a summary of each of these items. The application must reach the Authority within one month of the date on which the material was obtained by the Authority. In urgent cases, this time limit may be reduced by the General Rapporteur, in particular to allow the Authority to consider an application for interim measures, but may not be less than forty-eight hours. In this case, the request for protective measures may be submitted by any means.
When a person communicates information to the Minister responsible for the economy or when the latter seizes information from that person in the context of an investigation relating to Articles L. 420-1, L. 420-2, L. 420-2-1, L. 420-2-2 and L. 420-5, this person is invited to indicate by letter, within one month of the date on which the said information was obtained by the Minister, that he is requesting protection of business secrecy, without prejudice to his right to invoke the provisions of Article L. 463-4 before the Competition Authority. This letter is attached to any referral to the Competition Authority.
When the investigation of the case by the Autorité de la concurrence reveals that information, documents or parts of documents that may involve business secrecy could not be the subject of an application for protection by a person likely to rely on such secrecy, the general rapporteur invites that person to submit, if he so wishes, an application in the form and within the time limits mentioned in the first paragraph in order to benefit from business secrecy protection.