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Article L462-4-1 of the French Commercial code

The Competition Authority issues an opinion to the Minister of Justice, who is its guarantor, on the freedom of establishment of notaries and judicial commissioners. It makes recommendations to improve access to public or ministerial offices with a view to strengthening the territorial cohesion of services and gradually increasing the number of offices in France. It also draws up a report on access by women and men to public or…

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Article L462-4-2 of the French Commercial code

The Competition Authority issues an opinion to the Minister of Justice, who is its guarantor, on the freedom of establishment of lawyers at the Council of State and the Court of Cassation. It makes recommendations to improve access to the offices of advocates at the Conseil d’Etat and the Cour de cassation, with a view to gradually increasing the number of these offices. It also draws up a report on…

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Article L462-5 of the French Commercial code

I.-The Competition Authority may be seized by the Minister responsible for the economy of any practice referred to in Articles L. 420-1 to L. 420-2-2 and L. 420-5 or contrary to measures taken pursuant to l’article L. 410-3, or facts likely to constitute such a practice, as well as breaches of commitments made pursuant to Article L. 430-7-1 or made pursuant to merger decisions made before the entry into force…

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Article L462-6 of the French Commercial code

The Autorité de la concurrence shall examine whether the practices referred to it fall within the scope of Articles L. 420-1 à L. 420-2-2 ou L. 420-5, are contrary to measures taken pursuant to Article L. 410-3 or may be justified by application of Article L. 420-4. Where appropriate, it issues sanctions and injunctions. When it considers that the facts are such as to justify the application of Article L….

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Article L462-7 of the French Commercial code

I. – The Authority may not be seized of facts dating back more than five years if no act has been taken to investigate, establish or punish them. Acts interrupting the statute of limitations on public action brought pursuant to the first paragraph of Article L. 420-6 also interrupt the statute of limitations before the Competition Authority. Any act aimed at investigating, ascertaining or punishing anti-competitive practices by the Competition…

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Article L462-8 of the French Commercial code

The Competition Authority may declare, in a reasoned decision, that the referral is inadmissible for lack of interest or standing on the part of the referrer, or if the facts are time-barred within the meaning of Article L. 462-7, or if it considers that the facts invoked do not fall within its jurisdiction. It may also reject the referral by reasoned decision if it considers that the facts invoked are…

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Article L462-9 of the French Commercial code

I. – The Autorité de la concurrence may, in respect of matters falling within its remit and after prior information of the Minister responsible for the economy, communicate the information or documents that it holds or that it collects, at their request, to the European Commission or to the authorities of other States exercising similar powers, at their request, subject to reciprocity, and provided that the competent foreign authority is…

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Article L462-9-1 of the French Commercial code

I.-For proceedings which have been the subject of information by the Competition Authority pursuant to Article 11(3) of Regulation (EC) No 1/2003, the Competition Authority shall inform the European Commission and the national competition authorities of the other Member States of the European Union when it decides that there are no grounds for continuing the proceedings initiated and terminates them. The Autorité de la concurrence informs the European Commission and…

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Article L462-10 of the French Commercial code

I.-The Autorité de la concurrence must be notified, for information purposes, at least four months before its implementation, of any agreement between undertakings or groups of natural or legal persons operating, directly or indirectly, one or more retail shops for mass-market products, or operating in the distribution sector as a central referencing or purchasing body for retail undertakings, aimed at negotiating the purchase or referencing of products or the sale…

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Article L463-1 of the French Commercial code

Investigations and proceedings before the Competition Authority shall be adversarial, subject to the provisions of Articles L. 463-4 and L. 464-10. Practices referred to the Competition Authority may be established by any method of proof.

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