The provisions of Article 121-2 of the Penal Code are not applicable to the offences mentioned in Article L. 450-9, nor to those mentioned in I of Article L. 450-8, when the opposition relates to acts of the agents mentioned in II of Article L. 450-1 carried out as part of their assignment to the general rapporteur of the Competition Authority pursuant to Article 450-6.
I. – The Competition Authority is an independent administrative authority. It ensures that competition operates freely. It contributes to the competitive operation of markets at European and international level. II. – The powers entrusted to the Competition Authority are exercised by a college composed of seventeen members, including a chairman, appointed for a term of five years by decree issued on the report of the Minister responsible for the economy….
The chairman and vice-chairmen shall perform their duties on a full-time basis. Any member of the authority who has failed to attend three consecutive meetings without good cause shall be declared to have resigned by the Minister for the Economy. The Government Commissioner to the authority shall be appointed by the Minister for the Economy.
The Competition Authority may sit either in plenary session, in sections or as a standing committee. The standing committee is made up of the chairman and four vice-chairmen. The authority’s panels deliberate by a majority of the members present. The authority’s rules of procedure shall determine the quorum criteria applicable to each of these panels. In the event of a tied vote, the chairman of the panel shall have the…
The Autorité de la concurrence shall have investigation departments headed by a rapporteur general appointed by order of the minister responsible for the economy after consulting the college. These departments carry out the investigations necessary for the application of Titles II, III and VI of this Book. The deputy rapporteurs general, the permanent or non-permanent rapporteurs and the investigators of the investigating departments are appointed by the rapporteur general, by…
Parliamentary committees responsible for competition matters may hear the chairman of the Competition Authority and consult the latter on any matter falling within its remit.
The Competition Authority may be consulted by parliamentary committees on draft legislation and on any matter concerning competition. It gives its opinion on any competition issue at the request of the Government. It may also give its opinion on the same issues at the request of local and regional authorities, professional and trade union organisations, approved consumer organisations, chambers of agriculture, chambers of trade or local and regional chambers of…
The Authority must be consulted by the Government on any draft regulatory text instituting a new regime that has the direct effect of: 1° Subjecting the exercise of a profession or access to a market to quantitative restrictions; 2° Establishing exclusive rights in certain areas; 3° Imposing uniform practices with regard to prices or conditions of sale. .
At the request of the Government, the Competition Authority shall give its opinion on the regulated prices and tariffs referred to, respectively, in the second paragraph of article L. 410-2 and in l’article L. 444-1. This opinion is made public. The Competition Authority may also take the initiative of issuing an opinion on the regulated prices and tariffs mentioned in the first paragraph of this article. This opinion shall be…
The Authority may be consulted by the courts on anti-competitive practices defined in Articles L. 420-1 to L. 420-2-2 and L. 420-5 as well as Articles 101 and 102 of the Treaty on the Functioning of the European Union and identified in the cases referred to them. It can only give an opinion after an adversarial procedure. However, if it has information already gathered in the course of a previous…
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is a Registered Trademark of
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75001, Paris France
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