The judge may, after hearing the parties’ observations, request the Competition Authority to provide guidance on the assessment of the loss for which compensation is sought. The Competition Authority has two months to communicate its observations to the judge. If no response is received within this period, the proceedings are continued at the initiative of the parties or at the behest of the judge.
The category of items referred to in Article L. 483-1 shall be identified, as precisely and narrowly as possible, by reference to common and relevant features of its constituent parts, such as the nature, purpose, time of preparation or content of the documents whose communication or production is requested.
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…
The parties to the proceedings, third parties and their legal representatives may be ordered by the court seised to pay a civil fine of up to €10,000, without prejudice to any damages that may be claimed, in any of the following cases: 1° Failure or refusal to comply with an injunction to disclose or produce documents; 2° Destruction of relevant documents with a view to obstructing the action provided for…
When the Minister responsible for the economy intervenes on the basis of article L. 490-8, he is exempt from representation by a lawyer.
I. – The following are appointed as representatives of the Minister responsible for the economy before the civil and criminal courts of first instance and appeal, for the application of article L. 490-8 of the French Commercial Code : 1° The Director General of Competition, Consumer Affairs and Fraud Control and, with regard to cases referred to the courts in the territorial jurisdiction in which they exercise their duties, the…
Before the Cour de cassation, the Minister responsible for the economy is, for the application of article L. 490-8 of the French Commercial Code, represented by the Director General of Competition, Consumer Affairs and Fraud Control.
For the application of Article 15(2) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community, court decisions ruling on the basis of Articles 81 and 82 of that Treaty are notified by the court registry to the European Commission, the Competition Authority and the Minister responsible for…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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