French Business Law - French Legislation

Article L430-1 of the French Commercial code

November 7, 2023

I. – A concentration is effected: 1° Where two or more previously independent undertakings merge; 2° Where one or more persons, already holding control of at least one undertaking or where one or more undertakings acquire, directly or indirectly, whether by acquisition of a stake in the capital or purchase of assets, contract or any other means, control of the whole or parts of one or more other undertakings. II….

Article L430-2 of the French Commercial code

November 7, 2023

I.-The provisions of Articles L. 430-3 et seq. of this Title any concentration within the meaning of Article L. 430-1, when the following three conditions are met: the total worldwide turnover excluding tax of all the undertakings or groups of natural or legal persons party to the concentration exceeds €150 million; the total turnover excluding tax achieved in France by at least two of the undertakings or groups of natural…

Article L430-3 of the French Commercial code

November 7, 2023

Article L430-4 of the French Commercial code

November 7, 2023

The actual completion of a merger transaction may only take place after the agreement of the Autorité de la concurrence or, where it has raised the matter under the conditions provided for in Article L. 430-7-1, that of the Minister responsible for the economy. In the event of a duly substantiated special need, the notifying parties may apply to the Autorité de la concurrence for a waiver allowing them to…

Article L430-5 of the French Commercial code

November 7, 2023

I. – The Autorité de la concurrence shall decide on the merger within twenty-five working days from the date of receipt of the complete notification. II. – The parties to the transaction may undertake to take measures designed in particular to remedy, where appropriate, the anti-competitive effects of the transaction either when the transaction is notified or at any time before the expiry of the period of twenty-five working days…

Article L430-6 of the French Commercial code

November 7, 2023

When a merger is the subject of an in-depth review pursuant to the last paragraph of III of Article L. 430-5, the Autorité de la concurrence examines whether it is likely to harm competition, in particular by creating or strengthening a dominant position or by creating or strengthening purchasing power that places suppliers in a situation of economic dependence. It assesses whether the transaction makes a sufficient contribution to economic…

Article L430-7 of the French Commercial code

November 7, 2023

I. – Where a merger is the subject of an in-depth review, the Competition Authority shall take a decision within sixty-five working days of the opening of the review. II. – After being informed of the opening of an in-depth review pursuant to the last paragraph of III of Article L. 430-5, the parties may propose commitments likely to remedy the anti-competitive effects of the transaction. Where commitments or amendments…

Article L430-7-1 of the French Commercial code

November 7, 2023

I. – Within five working days of the date on which it received the decision of the Competition Authority or was informed of it pursuant to Article L. 430-5, the Minister responsible for the economy may ask the Autorité de la concurrence for an in-depth examination of the transaction under the conditions set out in Articles L. 430-6 and L. 430-7. II. – Within a period of twenty-five working days…

Article L430-8 of the French Commercial code

November 7, 2023

I. – If a merger has been implemented without being notified, the Autorité de la concurrence shall enjoin under penalty, within the limit provided for in II of Article L. 464-2, the parties to notify the transaction, unless they revert to the pre-merger state. The procedure set out in Articles L. 430-5 to L. 430-7 then applies. In addition, the authority may impose a financial penalty on the persons responsible…

Article L430-9 of the French Commercial code

November 7, 2023

The Competition Authority may, in the event of abuse of a dominant position or a state of economic dependence, enjoin, by reasoned decision, the undertaking or group of undertakings in question to amend, supplement or terminate, within a specified period, all agreements and all acts by which the concentration of economic power which made the abuse possible was achieved, even if these acts were the subject of the procedure provided…

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French Commercial code

Article L430-1 of the French Commercial code

Article L430-2 of the French Commercial code

Article L430-3 of the French Commercial code

Article L430-4 of the French Commercial code

Article L430-5 of the French Commercial code

Article L430-6 of the French Commercial code

Article L430-7 of the French Commercial code

Article L430-7-1 of the French Commercial code

Article L430-8 of the French Commercial code

Article L430-9 of the French Commercial code

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French Commercial code

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Contact a French Business Lawyer

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We Solve Legal & Tax Issues in France

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