TITLE II: Anti-competitive practices.

Concerted actions, agreements, express or tacit understandings or coalitions are prohibited, even through the direct or indirect intermediary of a group company established outside France, when their purpose or effect is to prevent, restrict or distort competition on a market, in particular when they tend to: 1° Restricting access to the market or the free exercise of competition by other undertakings; 2° Obstructing the fixing of prices by the free…

Under the conditions set out in Article L. 420-1, the abuse by an undertaking or group of undertakings of a dominant position within the internal market or a substantial part thereof is prohibited. These abuses may in particular consist of refusals to sell, tied sales or discriminatory terms of sale, as well as the termination of established commercial relations, on the sole ground that the partner refuses to submit to…

The following are prohibited in communities falling under Article 73 of the Constitution and in the overseas collectivities of Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon and Wallis-et-Futuna, agreements or concerted practices the object or effect of which is to grant exclusive import rights to an undertaking or group of undertakings shall be prohibited. It is also prohibited in the collectivities mentioned in the first paragraph of this article for an undertaking engaged in…

Agreements, concerted practices and unilateral practices the object or effect of which is to prohibit or substantially limit the possibility for an undertaking which provides private public passenger transport services or occasional collective passenger transport services carried out by means of light vehicles:

Any undertaking, agreement or contractual clause relating to a practice prohibited by articles L. 420-1, L. 420-2, L. 420-2-1 and L. 420-2-2.

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…

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…

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…

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…

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…