Chapter IV: Decisions and appeals.

The Competition Authority may, at the request of the Minister responsible for the economy, the persons mentioned in the last paragraph of Article L. 462-1 or companies, or on its own initiative and after hearing the parties involved and the Government Commissioner, take the protective measures it is asked to take or those it deems necessary. These measures may only be taken if the practice in question causes serious and…

I.-The Autorité de la concurrence may order the parties concerned to put an end to anti-competitive practices within a specified period or impose on them any corrective measure of a structural or behavioural nature that is proportionate to the infringement committed and necessary to effectively put an end to the infringement. It may also accept commitments, for a fixed or indefinite period, proposed by the undertakings or associations of undertakings…

If the measures, injunctions or commitments provided for in Articles L. 464-1 and L. 464-2 are not complied with, the Authority may impose a financial penalty within the limits set in Article L. 464-2. .

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…