Call Us + 33 1 84 88 31 00

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.

Read More »

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…

Read More »

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…

Read More »

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.

Read More »

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…

Read More »

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…

Read More »

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…

Read More »

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…

Read More »

Article R464-5-4 of the French Commercial code

In order to be granted total or partial exemption from pecuniary penalties, the applicant must meet all of the following conditions: 1° The applicant must end its involvement in the prohibited practice without delay and at the latest immediately after submitting its application, except for what would be, in the opinion of the general rapporteur of the Autorité de la concurrence, reasonably necessary to preserve the integrity of the investigation;…

Read More »

Article R464-5-5 of the French Commercial code

I.-An applicant who has applied to the European Commission for total or partial exemption from financial penalties, either by allocating a place in the order of arrival with a view to benefiting from such an exemption, or by filing a full application, may, if this application refers to a prohibited practice covering the territories of more than three Member States, submit to the Autorité de la concurrence a summary application…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.