The Minister responsible for the economy may enjoin undertakings to put an end to the practices referred to in Articles L. 420-1 to L. 420-2-2 and L. 420-5 or contrary to measures taken pursuant to l’article L. 410-3 of which they are the perpetrators when these practices do not concern facts covered by Articles 101 and 102 of the Treaty on the Functioning of the European Union and provided that…
I.-Access to statements made with a view to obtaining the benefit of the procedure for exemption from a financial penalty provided for in IV of Article L. 464-2 or by equivalent provisions of the national law of another Member State is granted only to the parties to the proceedings concerned. Information obtained from these statements and which can only be obtained through access to the file of the proceedings may…
I. – The agents authorised, under the conditions set out in II of Article L. 450-1, to investigate and record breaches or failures to comply with the obligations set out in Title IV of this Book may, after an adversarial procedure, order any trader, within a reasonable period of time, to comply with his obligations, to cease any unlawful conduct or to remove any unlawful clause. Under the same conditions,…
I. – The administrative authority responsible for competition and consumer affairs is the competent authority for imposing administrative fines to punish the breaches referred to in Title IV of this Book as well as failure to comply with the injunctive measures provided for in Article L. 470-1. II. – The administration’s action for the sanction of the breaches mentioned in I shall lapse after three years from the day on…
Any natural or legal person forming an undertaking or a body referred to in Article L. 464-2 is liable for the damage it has caused as a result of the commission of an anti-competitive practice defined in articles L. 420-1, L. 420-2, L. 420-2-1, L. 420-2-2 and L. 420-5 and Articles 101 and 102 of the Treaty on the Functioning of the European Union.
An anti-competitive practice referred to in Article L. 481-1 is irrevocably presumed to have been established with regard to the natural or legal person designated in the same Article once its existence and its imputation to that person have been established by a decision which may no longer be subject to an ordinary appeal procedure for the part relating to that establishment, pronounced by the Competition Authority or by the…
The loss suffered by the claimant as a result of the anti-competitive practice referred to in Article L. 481-1 includes in particular: 1° The loss made, resulting : a) The additional cost corresponding to the difference between the price of the good or service that he actually paid and the price that would have been paid in the absence of the commission of the infringement, subject to the total or…
The direct or indirect purchaser, whether of goods or services, is deemed not to have passed on the extra cost to its direct contractors, unless the defendant, the perpetrator of the anti-competitive practice, proves to the contrary that it has done so in whole or in part.
A direct or indirect purchaser, whether of goods or services, who claims to have suffered the application or repercussion of an additional cost must prove its existence and extent. However, the indirect purchaser, whether of goods or services, shall be deemed to have provided proof of such passing-on where it proves that: 1° The defendant has committed an anti-competitive practice referred to in Article L. 481-1; 2° This practice resulted…
The rules of evidence set out in articles L. 481-4 and L. 481-5 are applicable to the direct or indirect suppliers of the perpetrator of the anti-competitive practice who claim prejudice resulting from a reduction in the price of the goods or services concerned by this practice.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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