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Article L420-4 of the French Commercial code

I.-The provisions of Articles L. 420-1 and L. 420-2 practices: 1° Which result from the application of a legislative text or a regulatory text adopted for its application; 2° Whose authors can justify that they have the effect of ensuring economic progress, including the creation or maintenance of jobs, and that they reserve for users a fair share of the resulting profit, without giving the undertakings concerned the possibility of…

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Article L420-5 of the French Commercial code

A price offer or practice of selling prices to consumers that are unreasonably low in relation to production, processing and marketing costs is prohibited where the purpose of such an offer or practice is, or may be, to eliminate an undertaking or one of its products from a market or prevent access to a market. In Guadeloupe, French Guiana, Martinique, Réunion and the Department of Mayotte, when foodstuffs identical or…

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Article L420-6 of the French Commercial code

It shall be punishable by four years’ imprisonment and a fine of 75,000 euros for any natural person to fraudulently take a personal and determining part in the design, organisation or implementation of practices referred to in articles L. 420-1, L. 420-2 and L. 420-2-2. The court may order its decision to be published in full or in extracts in the newspapers it designates, at the expense of the convicted…

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Article L420-6-1 of the French Commercial code

The directors, managers and other members of staff of the undertaking or association of undertakings who have played a personal and decisive role in the design, organisation or implementation of the practices referred to in Article L. 420-1 are exempt from the penalties provided for in Article L. 420-6 if that undertaking or association of undertakings has benefited from a total exemption from pecuniary penalties pursuant to the procedure provided…

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Article L420-7 of the French Commercial code

Without prejudice to articles L. 420-6, L. 462-8, L. 463-1 to L. 463-4, L. 463-6, L. 463-7 and L. 464-1 to L. 464-8, disputes relating to the application of the rules contained in articles L. 420-1 à L. 420-5 as well as Articles 81 and 82 of the Treaty establishing the European Community and those in which these provisions are invoked shall be assigned, as appropriate and subject to the…

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Article L430-1 of the French Commercial code

I. – A concentration is effected: 1° Where two or more previously independent undertakings merge; 2° Where one or more persons, already holding control of at least one undertaking or where one or more undertakings acquire, directly or indirectly, whether by acquisition of a stake in the capital or purchase of assets, contract or any other means, control of the whole or parts of one or more other undertakings. II….

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Article L430-2 of the French Commercial code

I.-The provisions of Articles L. 430-3 et seq. of this Title any concentration within the meaning of Article L. 430-1, when the following three conditions are met: the total worldwide turnover excluding tax of all the undertakings or groups of natural or legal persons party to the concentration exceeds €150 million; the total turnover excluding tax achieved in France by at least two of the undertakings or groups of natural…

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Article L430-4 of the French Commercial code

The actual completion of a merger transaction may only take place after the agreement of the Autorité de la concurrence or, where it has raised the matter under the conditions provided for in Article L. 430-7-1, that of the Minister responsible for the economy. In the event of a duly substantiated special need, the notifying parties may apply to the Autorité de la concurrence for a waiver allowing them to…

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