A competition authority may, on its own initiative, give its written opinion on a request for disclosure or production of any document in its file which is before the court. The competition authority shall transmit this opinion to the parties.
To ensure that a document falls within the prohibition set out in article L. 483-5, the judge may request the opinion of the competent competition authority and send it the relevant document. This opinion shall preserve the confidentiality of the information contained in the document. The court registry shall communicate this opinion to the parties and, where applicable, to the third party holding the said document. The judge may rule…
The parties to the proceedings, third parties and their legal representatives may be ordered by the court seised to pay a civil fine of up to €10,000, without prejudice to any damages that may be claimed, in any of the following cases: 1° Failure or refusal to comply with an injunction to disclose or produce documents; 2° Destruction of relevant documents with a view to obstructing the action provided for…
When the Minister responsible for the economy intervenes on the basis of article L. 490-8, he is exempt from representation by a lawyer.
I. – The following are appointed as representatives of the Minister responsible for the economy before the civil and criminal courts of first instance and appeal, for the application of article L. 490-8 of the French Commercial Code : 1° The Director General of Competition, Consumer Affairs and Fraud Control and, with regard to cases referred to the courts in the territorial jurisdiction in which they exercise their duties, the…
Before the Cour de cassation, the Minister responsible for the economy is, for the application of article L. 490-8 of the French Commercial Code, represented by the Director General of Competition, Consumer Affairs and Fraud Control.
For the application of Article 15(2) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community, court decisions ruling on the basis of Articles 81 and 82 of that Treaty are notified by the court registry to the European Commission, the Competition Authority and the Minister responsible for…
Where the judge intends to request the opinion of the European Commission pursuant to the provisions of Article 15(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community, he shall notify the parties. Unless they have already reached a conclusion on this point, the judge will invite…
Where the judge intends to request information from the European Commission pursuant to the provisions of Article 15(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community, he shall notify the parties. He shall notify the European Commission’s reply to the parties, who may submit observations. .
The administrative authority referred to in Article L. 490-5 is the head of the national investigations department of the Directorate-General for Competition, Consumer Affairs and Fraud Control, the regional director of companies, competition, consumer affairs, labour and employment, the director of the departmental directorate responsible for population protection or their appointed representative. For the application of this article in the overseas departments and regions, the references to the “regional director…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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