Section 3: Communication and production of documents in the file of a competition authority

Where the anti-competitive practice invoked in support of an action based on Article L. 481-1 is also the subject of ongoing proceedings before a competition authority, the parties involved in those proceedings shall inform the authority of any request they have made or of which they are the addressees, for the disclosure or production of documents contained in the authority’s file.

A competition authority may, on its own initiative, give its written opinion on a request for disclosure or production of any document in its file which is before the court. The competition authority shall transmit this opinion to the parties.

To ensure that a document falls within the prohibition set out in article L. 483-5, the judge may request the opinion of the competent competition authority and send it the relevant document. This opinion shall preserve the confidentiality of the information contained in the document. The court registry shall communicate this opinion to the parties and, where applicable, to the third party holding the said document. The judge may rule…