TITLE III: Economic concentration.

The notification file referred to in Article L. 430-3 includes the items listed in annexes 4-3 to 4-5 of this book. It is sent either by filing one copy at the headquarters of the Competition Authority or via a secure electronic document exchange platform. When the Competition Authority finds that the file is incomplete or that some of its elements do not comply with the definitions set out in the…

If the European Commission decides, pursuant to Article 9 of Council Regulation (EC) No 139 / 2004 of 20 January 2004 on the control of concentrations between undertakings, to refer all or part of a concentration with a European dimension to the French authorities, the undertakings concerned shall without delay send the Autorité de la concurrence a copy of the notification file for the transaction that they have sent to…

The press release provided for in the third paragraph of Article L. 430-3 contains the following in particular: 1° The names of the undertakings concerned and the groups to which they belong; 2° The nature of the transaction; 3° The economic sectors concerned; 4° The elements referred, in the case of a partial referral of a transaction with a European dimension by the European Commission; 5° The period within which…

Where a concentration is effected by the purchase or exchange of securities on a regulated market, its effective completion, within the meaning of Article L. The absence of a decision by the Autorité de la concurrence shall not prevent the transfer of the said securities.

Where a decision has been taken pursuant to Articles L. 430-5, L. 430-7, L. 430-7-1, L. 430-8 or L. 430-9, the Autorité de la concurrence or, as the case may be, the Minister responsible for the economy, shall make the meaning of the decision public within five working days of the decision.

The decisions referred to in Article L. 430-5 shall be notified to the author or authors of the notification of the concentration referred to in Article L. 430-3, as well as to the Minister responsible for the economy. When they receive notification of the decisions taken pursuant to Articles L. 430-5, L. 430-7, L. 430-7-1, L. 430-8 and L. 430-9, the undertakings concerned have fifteen days in which to inform…

The decisions of the Autorité de la concurrence and the minister responsible for the economy relating to mergers are made public. The Autorité de la concurrence publishes its decisions on its website. The list of transactions deemed to have been the subject of an authorisation decision is also published on the website. The reasoned decisions of the Minister responsible for the economy are made public by publication in the electronic…

In the event of total or partial annulment of a decision taken by the Autorité de la concurrence or by the Minister responsible for the economy on the basis of Articles L. 430-5, L. 430-7, L. 430-7-1, L. 430-8 or L. 430-9 and if there are grounds for re-examining the case, the undertakings concerned that made the notification shall submit an updated notification within two months of the date of…

Monetary penalties ordered pursuant to Article L. 430-8 shall be recovered in the same way as State claims unrelated to taxes and property. Fines imposed by the Autorité de la concurrence pursuant to the same article are recovered under the same conditions.