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Article R463-11 of the French Commercial code

For the application of Article L. 463-2, the notification of the grievances upheld by the rapporteur and the notification of the report are made by the general rapporteur to the referrer, to the ministers concerned, to the other interested parties and to the Government Commissioner. These notifications are made either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform. The report submits an analysis…

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Article R463-12 of the French Commercial code

Where the rapporteur general decides, pursuant to Article L. 463-3, that the case will be examined by the Competition Authority without a prior report, the parties and the Government Commissioner have a period of two months from the notification of this decision to submit their observations. The parties and the Government Commissioner have a period of two months from the notification of this decision to submit their observations. The parties…

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Article R463-13 of the French Commercial code

For the purposes of Article L. 463-4, when a person requests protection of business confidentiality with regard to items communicated by him to the Autorité de la concurrence or seized from him by the latter, he shall indicate, either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform, for each item of information, document or part of a document in question, the purpose of…

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Article R463-14 of the French Commercial code

Information, documents or parts of documents for which an application for business secrecy protection has not been made are deemed not to involve business secrecy. The same applies to items relating to sales, market shares, offers or similar data that are more than five years old at the time of the decision on the application, unless, in exceptional cases, the general rapporteur decides otherwise. As part of the investigation by…

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Article R463-15 of the French Commercial code

Where the rapporteur considers that one or more documents in their confidential version are necessary for the exercise of the rights of defence of one or more parties or that they must be made aware of them for the purposes of the debate before the Authority, he shall inform, either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform, the person who made the…

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Article R463-15-1 of the French Commercial code

For the application of Article L. 463-4 as part of the review of proposed mergers provided for in Title III, persons providing information to the Competition Authority shall at the same time specify to it what information constitutes business secrets. The General Rapporteur shall ensure that such information is reserved for the Autorité and the Government Commissioner and that, if necessary, non-confidential versions of the documents containing such information are…

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Article R463-16 of the French Commercial code

When, pursuant to article L. 463-8 the general rapporteur decides to call in one or more experts, his decision defines the subject of the expert appraisal, sets the timeframe for its completion and assesses the corresponding foreseeable fees. When an expert report is requested by a party and accepted by the general rapporteur, the latter asks the party to deposit an advance equal to the expert’s expected fees. If several…

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Article R464-1 of the French Commercial code

The application for precautionary measures referred to in Article L. 464-1 may only be lodged in conjunction with a referral on the merits to the Autorité de la concurrence. It may be submitted at any stage of the proceedings and must state the reasons on which it is based.

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Article R464-2 of the French Commercial code

When the Competition Authority considers applying I of Article L. 464-2 relating to the acceptance of commitments proposed by undertakings, the rapporteur shall inform the undertakings or bodies concerned of his preliminary assessment of the practices in question. This assessment may either be notified in the form of a report sent by post or via a secure electronic document exchange platform, or, where the Authority has received an application for…

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Article R464-3 of the French Commercial code

For the application of the provisions relating to the liquidation of the astreinte provided for in II of Article L. 464-2, the Autorité de la concurrence shall give its decision following referral to it under the conditions set out in Article L. 462-5. Its decision is preceded by a report assessing the final amount of the penalty payment. This report is sent to the parties and the Government Commissioner, who…

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