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Article L462-8 of the French Commercial code

The Competition Authority may declare, in a reasoned decision, that the referral is inadmissible for lack of interest or standing on the part of the referrer, or if the facts are time-barred within the meaning of Article L. 462-7, or if it considers that the facts invoked do not fall within its jurisdiction. It may also reject the referral by reasoned decision if it considers that the facts invoked are…

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Article L462-9 of the French Commercial code

I. – The Autorité de la concurrence may, in respect of matters falling within its remit and after prior information of the Minister responsible for the economy, communicate the information or documents that it holds or that it collects, at their request, to the European Commission or to the authorities of other States exercising similar powers, at their request, subject to reciprocity, and provided that the competent foreign authority is…

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Article L462-9-1 of the French Commercial code

I.-For proceedings which have been the subject of information by the Competition Authority pursuant to Article 11(3) of Regulation (EC) No 1/2003, the Competition Authority shall inform the European Commission and the national competition authorities of the other Member States of the European Union when it decides that there are no grounds for continuing the proceedings initiated and terminates them. The Autorité de la concurrence informs the European Commission and…

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Article L462-10 of the French Commercial code

I.-The Autorité de la concurrence must be notified, for information purposes, at least four months before its implementation, of any agreement between undertakings or groups of natural or legal persons operating, directly or indirectly, one or more retail shops for mass-market products, or operating in the distribution sector as a central referencing or purchasing body for retail undertakings, aimed at negotiating the purchase or referencing of products or the sale…

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Article L463-1 of the French Commercial code

Investigations and proceedings before the Competition Authority shall be adversarial, subject to the provisions of Articles L. 463-4 and L. 464-10. Practices referred to the Competition Authority may be established by any method of proof.

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Article L463-2 of the French Commercial code

Without prejudice to the measures provided for in Article L. 464-1, the General Rapporteur or a Deputy General Rapporteur appointed by him shall notify the objections to the interested parties and to the Government Commissioner, who may consult the file subject to the provisions of Article L. 463-4 and submit their observations within a period of two months. The companies to which the objections are addressed shall inform the rapporteur…

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Article L463-3 of the French Commercial code

The General Rapporteur of the French Competition Authority may decide that the case will be examined by the Authority without the prior preparation of a report. He shall inform the parties and the Government Commissioner of this prior to the notification of the grievances. In this case, if the combined turnover achieved in France during the last closed financial year of all the parties exceeds €200 million and if at…

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Article L463-4 of the French Commercial code

Except in cases where the communication or consultation of these documents is necessary for the exercise of the rights of defence of a defendant, the General Rapporteur of the Autorité de la concurrence may refuse to allow a party to communicate or consult documents or certain elements contained in these documents involving the business secrecy of other persons. In such cases, a non-confidential version and a summary of the documents…

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Article L463-6 of the French Commercial code

The penalties laid down in Article 226-13 of the Criminal Code, the disclosure by one of the parties of information concerning another party or a third party and of which it was only able to become aware as a result of the communications or consultations that were carried out. The preceding paragraph does not apply where disclosure is made in accordance with the provisions of Chapter III of Title VIII…

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