The Minister responsible for the economy shall notify, by registered letter with acknowledgement of receipt, the companies that it suspects of practices mentioned in Articles L. 420-1, L. 420-2, L. 420-2-1, L. 420-2-2 and L. 420-5 and which meet the turnover conditions specified in the first paragraph of article L. 464-9 the facts found to constitute the infringements attributed to them. This communication is accompanied by an administrative investigation report. This report highlights the facts observed, their legal classification and their imputability. The companies concerned are informed of the measures envisaged against them, i.e. an injunction and a sum to be paid to the Treasury by way of settlement, or one of these two measures only. The recipient companies may consult the file subject to the protection of business secrecy.
The recipient companies are invited to submit written observations and have two months from receipt of the letter to do so. This period may be extended at their request for a further period not exceeding two months. Companies may also submit oral observations to the person signing the letter within the time limit set. They may be assisted by counsel.
The publicity provided for in the third paragraph of Article L. 464-9 may be carried out via the press, electronically or by posting. Press distribution, electronic distribution and posting may be ordered cumulatively.
Dissemination or posting may relate to all or part of the injunction and settlement measures, or take the form of a press release informing the public of the reasons for and the terms of these measures. The dissemination or posting may be accompanied by a message to raise public awareness of the practices in question.
The injunction or settlement measures may be published in the Official Journal of the French Republic, in one or more other press publications or by one or more electronic public communication services. The publications or electronic public communication services responsible for this dissemination shall be designated in the injunction or settlement measures.
The injunction or settlement measures shall be posted in the following locations
The notice is displayed in the places and for the period indicated in the injunction or settlement order. It may not exceed two months. If the posters are removed, concealed or defaced, they will be re-posted.
The procedures for advertising are specified in the injunction or settlement.