For the application of article L. 464-1 and the first and second paragraphs of article L. 462-8, the general rapporteur may set deadlines for the production of statements, supporting documents or observations and for their consultation by the interested parties or by the Government Commissioner.
The General Rapporteur shall communicate to the administrative authorities listed in Annex 4-6 to this Book any referral relating to sectors falling within their area of competence. These administrative authorities shall have a period of two months in which to submit any observations, which may be reduced by the General Rapporteur if the urgency so requires. These observations are attached to the file.
The rapporteur general may, at any time during the proceedings, ask the accused undertakings to provide the rapporteur within two months with their unique identification number and the turnover figures needed to calculate the ceiling of any penalty, in accordance with the provisions of I of Article L. 464-2. The letter of transmission mentions that this information is communicated by the General Rapporteur to the Government Commissioner.
For the application of Article L. 463-2, the notification of the grievances upheld by the rapporteur and the notification of the report are made by the general rapporteur to the referrer, to the ministers concerned, to the other interested parties and to the Government Commissioner. These notifications are made either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform. The report submits an analysis…
Where the rapporteur general decides, pursuant to Article L. 463-3, that the case will be examined by the Competition Authority without a prior report, the parties and the Government Commissioner have a period of two months from the notification of this decision to submit their observations. The parties and the Government Commissioner have a period of two months from the notification of this decision to submit their observations. The parties…
For the purposes of Article L. 463-4, when a person requests protection of business confidentiality with regard to items communicated by him to the Autorité de la concurrence or seized from him by the latter, he shall indicate, either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform, for each item of information, document or part of a document in question, the purpose of…
Information, documents or parts of documents for which an application for business secrecy protection has not been made are deemed not to involve business secrecy. The same applies to items relating to sales, market shares, offers or similar data that are more than five years old at the time of the decision on the application, unless, in exceptional cases, the general rapporteur decides otherwise. As part of the investigation by…
Where the rapporteur considers that one or more documents in their confidential version are necessary for the exercise of the rights of defence of one or more parties or that they must be made aware of them for the purposes of the debate before the Authority, he shall inform, either by registered letter with acknowledgement of receipt, or via a secure electronic document exchange platform, the person who made the…
For the application of Article L. 463-4 as part of the review of proposed mergers provided for in Title III, persons providing information to the Competition Authority shall at the same time specify to it what information constitutes business secrets. The General Rapporteur shall ensure that such information is reserved for the Autorité and the Government Commissioner and that, if necessary, non-confidential versions of the documents containing such information are…
When, pursuant to article L. 463-8 the general rapporteur decides to call in one or more experts, his decision defines the subject of the expert appraisal, sets the timeframe for its completion and assesses the corresponding foreseeable fees. When an expert report is requested by a party and accepted by the general rapporteur, the latter asks the party to deposit an advance equal to the expert’s expected fees. If several…
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