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Article R463-15-1 of the French Commercial code

For the application of Article L. 463-4 as part of the review of proposed mergers provided for in Title III, persons providing information to the Competition Authority shall at the same time specify to it what information constitutes business secrets. The General Rapporteur shall ensure that such information is reserved for the Autorité and the Government Commissioner and that, if necessary, non-confidential versions of the documents containing such information are…

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Article R463-16 of the French Commercial code

When, pursuant to article L. 463-8 the general rapporteur decides to call in one or more experts, his decision defines the subject of the expert appraisal, sets the timeframe for its completion and assesses the corresponding foreseeable fees. When an expert report is requested by a party and accepted by the general rapporteur, the latter asks the party to deposit an advance equal to the expert’s expected fees. If several…

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Article R464-1 of the French Commercial code

The application for precautionary measures referred to in Article L. 464-1 may only be lodged in conjunction with a referral on the merits to the Autorité de la concurrence. It may be submitted at any stage of the proceedings and must state the reasons on which it is based.

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Article R464-2 of the French Commercial code

When the Competition Authority considers applying I of Article L. 464-2 relating to the acceptance of commitments proposed by undertakings, the rapporteur shall inform the undertakings or bodies concerned of his preliminary assessment of the practices in question. This assessment may either be notified in the form of a report sent by post or via a secure electronic document exchange platform, or, where the Authority has received an application for…

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Article R464-3 of the French Commercial code

For the application of the provisions relating to the liquidation of the astreinte provided for in II of Article L. 464-2, the Autorité de la concurrence shall give its decision following referral to it under the conditions set out in Article L. 462-5. Its decision is preceded by a report assessing the final amount of the penalty payment. This report is sent to the parties and the Government Commissioner, who…

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Article R464-4 of the French Commercial code

When the rapporteur general proposes that the Autorité de la concurrence apply the provisions of III of Article L. 464-2, the parties and the Government Commissioner are informed either by a letter from the General Rapporteur, or via a secure electronic document exchange platform, at least three weeks before the day of the hearing.

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Article R464-5 of the French Commercial code

The procedure referred to in IV of Article L. 464-2 is carried out by means of a request addressed either to the Director General of Competition, Consumer Affairs and Fraud Control or to the General Rapporteur of the Competition Authority. The request must be sent by registered letter with acknowledgement of receipt, via a secure electronic document exchange platform, orally or by any other appropriate means provided for by the…

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Article R464-5-1 of the French Commercial code

I.-The total exemption from financial penalties provided for in IV of article L. 464-2 is granted when the following conditions are met: 1° The applicant satisfies the conditions laid down in article R. 464-5-4; > 2° It discloses its participation in a practice prohibited by Article L. 420-1; 3° He is the first to provide information which: either a) at the time the request is received by the Directorate-General for…

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Article R464-5-2 of the French Commercial code

I.-The partial exemption from financial penalties provided for in IV of Article L. 464-2 is granted when the following conditions are met: 1° The applicant satisfies the conditions laid down in article R. 464-5-4; 2° It discloses its participation in a practice prohibited by Article L. 420-1; 3° It provides information that has significant added value in terms of establishing the existence of the practice in question, compared with the…

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Article R464-5-3 of the French Commercial code

I.-The applicant may apply to the Director General of Competition, Consumer Affairs and Fraud Control or the General Rapporteur of the Competition Authority for a place in the order of arrival with a view to benefiting from the total or partial exemption from financial penalties referred to in IV of Article L. 464-2. The authorities to which the application is made will set a deadline to allow the applicant to…

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