TITLE VI: The Competition Authority.

Financial penalties and periodic penalty payments are recovered in the same way as State debts other than taxes and property.

The financial penalties imposed in application of articles L. 464-2, L. 464-3 and L. 464-5 may be subject to a surcharge of up to 10% of their amount, payable by the sanctioned organisation or company and intended to finance assistance to victims. The third paragraph of I of article L. 464-2 is applicable to this surcharge and the grounds it sets out are assessed to modulate the amount.

Where no practice likely to harm competition on the market has been established, the Competition Authority may decide, after the referrer and the Government Commissioner have been given the opportunity to consult the file and make their observations, that there are no grounds to continue the proceedings. Reasons shall be given for this decision. .

The Autorité de la concurrence may also decide, under the conditions laid down in Article L. 464-6, that there are no grounds for continuing the procedure where the practices referred to in Article L. 420-1 do not concern contracts awarded pursuant to the Public Procurement Code and where the combined market share held by the undertakings or bodies party to the agreement or practice in question does not exceed either:…

However, the provisions of Article L. 464-6-1 do not apply to agreements and practices that contain any of the following hardcore restrictions of competition: a) Restrictions which, directly or indirectly, in isolation or in combination with other factors which the parties can influence, have as their object the fixing of selling prices, the limitation of production or sales, the allocation of markets or customers; b) Restrictions on unsolicited sales made…

An appeal for annulment or reversal of the Authority’s decision taken under Article L. 464-1 may be lodged by the parties involved and the Government Commissioner with the Paris Court of Appeal no more than ten days after notification of the decision. The court will rule within one month of the appeal. The appeal does not have suspensive effect. However, the First President of the Paris Court of Appeal may…

The decisions of the Autorité de la concurrence referred to in Articles L. 462-8, L. 464-2, L. 464-3, L. 464-6, L. 464-6-1 et L. 752-27 are notified to the parties involved and to the Minister for the Economy, who may, within a period of one month, lodge an appeal for annulment or reversal with the Paris Court of Appeal. The appeal does not have suspensive effect. However, the First President…

Decisions taken by the General Rapporteur of the Competition Authority pursuant to Article L. 463-4 to refuse protection of business secrecy or to lift the protection granted may be the subject of an action for review or annulment before the First President of the Paris Court of Appeal or his delegate. The order of the First President of the Paris Court of Appeal ruling on this appeal may be appealed…

Without prejudice to the exclusive jurisdiction of the enforcement judge, an appeal relating to the validity of the notification by the Competition Authority of the acts mentioned in IV of Article L. 462-9-1 shall be brought before a court of appeal specially designated by decree within one month of such notification. The appeal does not have suspensive effect. The Chairman of the Competition Authority may appeal to the Court of…

The Minister responsible for the economy may enjoin undertakings to put an end to the practices 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 of which they are the perpetrators when these practices do not concern facts covered by Articles 101 and 102 of the Treaty on the Functioning of the European Union and provided that…