BOOK IV: Free pricing and competition.

When a person who has, for less than two years, been convicted of one of the offences defined by articles L. 442-5, L. 442-6 and L. 443-1, commits the same offence, the maximum fine incurred is doubled.

When a legal entity that has, for less than two years, been convicted of the offence defined by article L. 442-5 commits the same offence, the maximum rate of the fine incurred is equal to ten times that applicable to natural persons for that offence.

For the offences provided for in Title IV of the present book for which a prison sentence is not incurred and for the contraventions provided for in the present book, the administrative authority responsible for competition and consumption has the right, as long as the public prosecution has not been initiated, to compromise, after agreement by the public prosecutor, in accordance with the procedures laid down by decree in the…

I.-The composition pénale provided for in article 41-2 of the Code of Criminal Procedure is applicable to legal entities that admit having committed one or more of the offences provided for in title IV of this book for which a prison sentence is not incurred, as well as, where applicable, one or more related contraventions. Only the measure provided for by 1° of article 41-2 of the same code is…

For the offences provided for in Title IV of this book for which a prison sentence is not incurred, a summons served on the accused, on the instructions of the public prosecutor, by an official mentioned in the fourth paragraph of Article L. 450-1, shall be deemed to be a summons to appear in person. The provisions of article 390-1 of the Code of Criminal Procedure are applicable to the…

For the application of the provisions of this book, the Minister responsible for the economy or his representative may, before the civil or criminal courts, file submissions and develop them orally at the hearing. He may also produce the minutes and reports of investigations.

For the application of Articles 81 to 83 of the Treaty establishing the European Community, the Minister responsible for the Economy and the officials designated or empowered by him in accordance with the provisions of this Book, on the one hand, and the Competition Authority, on the other, have the respective powers granted to them by the articles of this Book and by Council Regulation (EC) No 139 / 2004…

Professional organisations may bring an action before the civil or commercial courts for acts that directly or indirectly harm the collective interest of the profession or sector they represent, or fair competition.

A decree sets out the procedures for publicising decisions taken in application of articles L. 462-8, L. 464-1, L. 464-2, L. 464-3, L. 464-5, L. 464-6 and L. 464-6-1.

A decree in the Council of State shall determine the terms and conditions for the application of this book.