Chapter II: Administrative penalty procedure and administrative settlement

The administrative authority responsible for competition and consumer affairs is the competent authority for imposing administrative fines for breaches of the provisions mentioned in articles L. 511-5, L. 511-6 and L. 511-7 and failure to comply with injunctions relating to breaches established with the powers mentioned in the same articles.

The administration’s action for the sanction of a breach punishable by an administrative fine exceeding €3,000 for a natural person or €15,000 for a legal person shall lapse after three years have elapsed from the day on which the breach was committed if, within that period, no action has been taken with a view to investigating, ascertaining or sanctioning the breach.

The limitation period for the administration’s action to sanction a breach punishable by an administrative fine not exceeding €3,000 for a natural person or €15,000 for a legal person is one completed year from the day on which the breach was committed and is completed according to the distinctions specified in Article L. 522-2.

A copy of the official report noting the breaches punishable by an administrative fine is sent to the accused person.

Before any decision is taken, the administrative authority responsible for competition and consumer affairs shall inform the respondent in writing of the sanction envisaged against it, indicating that it may be assisted by counsel of its choice and inviting it to present, within a period specified by the decree referred to in Article L. 522-10, its written observations and, where appropriate, its oral observations. After this period, it may, by…

The decision handed down by the administrative authority responsible for competition and consumer affairs may be published at the expense of the person penalised. The administrative authority shall inform the latter in advance, during the adversarial procedure set out in article L. 522-5 of the nature and terms of the planned advertising.

Where, in the course of the same procedure or separate procedures, several administrative penalties have been imposed on the same offender for concurrent breaches, these penalties shall be enforced cumulatively.

Documents collected and drawn up in connection with the investigation and establishment of a breach that has given rise to an administrative penalty procedure may only be communicated to the person who is the subject of the procedure or their representative.

The fine shall be recovered in the same way as for debts unrelated to taxes and property.

The administrative authority responsible for competition and consumer affairs may, at the same time as informing the accused person in writing of the sanction envisaged against him under the conditions set out in Article L. 522-5, send him a proposal for an administrative settlement. This proposed settlement suspends the period mentioned in the same article L. 522-5. The proposed settlement specifies the amount of the sum to be paid to…