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Article L464-7 of the French Commercial code

An appeal for annulment or reversal of the Authority’s decision taken under Article L. 464-1 may be lodged by the parties involved and the Government Commissioner with the Paris Court of Appeal no more than ten days after notification of the decision. The court will rule within one month of the appeal. The appeal does not have suspensive effect. However, the First President of the Paris Court of Appeal may…

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Article L464-8 of the French Commercial code

The decisions of the Autorité de la concurrence referred to in Articles L. 462-8, L. 464-2, L. 464-3, L. 464-6, L. 464-6-1 et L. 752-27 are notified to the parties involved and to the Minister for the Economy, who may, within a period of one month, lodge an appeal for annulment or reversal with the Paris Court of Appeal. The appeal does not have suspensive effect. However, the First President…

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Article L464-8-1 of the French Commercial code

Decisions taken by the General Rapporteur of the Competition Authority pursuant to Article L. 463-4 to refuse protection of business secrecy or to lift the protection granted may be the subject of an action for review or annulment before the First President of the Paris Court of Appeal or his delegate. The order of the First President of the Paris Court of Appeal ruling on this appeal may be appealed…

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Article L464-8-2 of the French Commercial code

Without prejudice to the exclusive jurisdiction of the enforcement judge, an appeal relating to the validity of the notification by the Competition Authority of the acts mentioned in IV of Article L. 462-9-1 shall be brought before a court of appeal specially designated by decree within one month of such notification. The appeal does not have suspensive effect. The Chairman of the Competition Authority may appeal to the Court of…

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Article L464-9 of the French Commercial code

The Minister responsible for the economy may enjoin undertakings to put an end to the practices referred to in Articles L. 420-1 to L. 420-2-2 and L. 420-5 or contrary to measures taken pursuant to l’article L. 410-3 of which they are the perpetrators when these practices do not concern facts covered by Articles 101 and 102 of the Treaty on the Functioning of the European Union and provided that…

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Article L464-10 of the French Commercial code

I.-Access to statements made with a view to obtaining the benefit of the procedure for exemption from a financial penalty provided for in IV of Article L. 464-2 or by equivalent provisions of the national law of another Member State is granted only to the parties to the proceedings concerned. Information obtained from these statements and which can only be obtained through access to the file of the proceedings may…

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Article L470-1 of the French Commercial code

I. – The agents authorised, under the conditions set out in II of Article L. 450-1, to investigate and record breaches or failures to comply with the obligations set out in Title IV of this Book may, after an adversarial procedure, order any trader, within a reasonable period of time, to comply with his obligations, to cease any unlawful conduct or to remove any unlawful clause. Under the same conditions,…

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Article L470-2 of the French Commercial code

I. – The administrative authority responsible for competition and consumer affairs is the competent authority for imposing administrative fines to punish the breaches referred to in Title IV of this Book as well as failure to comply with the injunctive measures provided for in Article L. 470-1. II. – The administration’s action for the sanction of the breaches mentioned in I shall lapse after three years from the day on…

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Article L481-1 of the French Commercial code

Any natural or legal person forming an undertaking or a body referred to in Article L. 464-2 is liable for the damage it has caused as a result of the commission of an anti-competitive practice defined in articles L. 420-1, L. 420-2, L. 420-2-1, L. 420-2-2 and L. 420-5 and Articles 101 and 102 of the Treaty on the Functioning of the European Union.

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Article L481-2 of the French Commercial code

An anti-competitive practice referred to in Article L. 481-1 is irrevocably presumed to have been established with regard to the natural or legal person designated in the same Article once its existence and its imputation to that person have been established by a decision which may no longer be subject to an ordinary appeal procedure for the part relating to that establishment, pronounced by the Competition Authority or by the…

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