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Article R461-1 of the French Commercial code

The Chairman of the Competition Authority represents the Authority in legal proceedings and in all civil acts. Within this framework, he signs acts and documents on behalf of the Authority. The Chairman of the Competition Authority has standing to bring claims and defend actions and to present observations before any court on behalf of the Authority. The chairman of the Competition Authority may, in the cases provided for in Book…

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Article R461-2 of the French Commercial code

With the exception of expenditure relating to investigation departments, the authorisation of which is delegated to the rapporteur general, the chairman of the Competition Authority may delegate his signature to any managerial staff member to commit expenditure and sign contracts. He may also delegate the task of representing the Authority before any court. Revenue and expenditure accounts may be set up at the Board by order of the Minister for…

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Article R461-3 of the French Commercial code

The general rapporteur and the deputy general rapporteur(s) are appointed for four years, from among members of the Conseil d’Etat, magistrates, category A civil servants and persons who can provide evidence of at least five years’ experience in the field of competition law and who hold one of the diplomas allowing access to a category A body. They may be reappointed once. The general rapporteur leads and supervises the activity…

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Article R461-4 of the French Commercial code

The permanent rapporteurs are appointed from among the members of the Council of State, magistrates, category A civil servants, contractual State employees of equivalent level or prominent figures with economic or legal expertise who hold one of the diplomas allowing access to a category A body.

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Article R461-5 of the French Commercial code

The general rapporteur may call on external rapporteurs chosen from among the members of the Conseil d’Etat, magistrates, category A civil servants or contractual State employees of equivalent level who are in active service or who have retired. .

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Article R461-6 of the French Commercial code

The chairman of the Competition Authority determines the number and composition of the sections; he assigns the members of the Competition Authority to each of them. Each section is chaired by the chairman of the Competition Authority or by one of the vice-chairmen or, where necessary to allow a case to be re-examined in a different panel, by the most senior member of the section. It comprises at least two…

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Article R461-8 of the French Commercial code

The Competition Authority draws up its own rules of procedure, which set out in particular the conditions for its administrative operation. These rules of procedure are published in the Journal officiel de la République française. The organisation of the Competition Authority is laid down by decision of its chairman.

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Article R461-9 of the French Commercial code

I. – The Hearing Officer shall hold office for a term of five years. He may be reappointed once. II. – The Hearing Officer may intervene at the request of a party. He may also draw the attention of the General Rapporteur to the proper conduct of the proceedings, if he considers that a case raises an issue relating to respect for the rights of the parties. Respondent and referring…

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