Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

  The Competition Authority (Autorité de la concurrence) is an independent administrative body that has both decision-making and advisory functions. It is made up of 17 members nominated for five years. Six members must be former members of high level administrative or judicial jurisdictions, 5 must be chosen due to their competence in competition, consumer or economic matters and 5 must have work …

The Competition Authority (Autorité de la concurrence)

  The Competition Authority (Autorité de la concurrence) is an independent administrative body that has both decision-making and advisory functions. It is made up of 17 members nominated for five years. Six members must be former members of high level administrative or judicial jurisdictions, 5 must be chosen due to their competence in competition, consumer or economic matters and 5 must have worked in the production, distribution, craft industry, services and regulated professions sectors. The President is appointed according to his/her competencies in law and economics on the advice of the parliamentary commissions competent in competition matters.

  The Competition Authority is assisted by a chief case-handler (rapporteur général) and a team of investigating officers/case-handlers (rapporteurs) who carry out inquiries into matters coming before the Authority. The Ordinance of 13 November 2008 made a clear separation between the investigative and the decision-making powers within the Authority and increased the rapporteur général's investigative powers.

The 2008 LME Law and Ordinance transferred competencies in matters of competition law to the Competition Authority. Despite these reforms, the Minister of the Economy has not lost all his prerogatives, since he may direct investigations, file for a cease-and-desist order for certain restrictive practices, refer cases on cartels and abuses of dominance to the Authority and has gained exclusive decision-making power in cases of anticompetitive micro-practices (Article L. 464-9 CC). The Minister has at his disposal the DGCCRF (Directorate for Competition, Consumer Affairs and the Repression of Fraud), a civil service body with special investigative powers.

In relation to price transparency and restrictive practices, only Article L. 442-4 on abuses of dependence specifically lists the Minister as one of the persons able to take legal action. However, the Minister can also act under Article L. 490-8, whatever the restrictive practice or transparency rule concerned.

In order to reinforce the prohibition on restrictive agreements, the NRE Law empowered the Minister of the Economy to go to civil or commercial courts to request the cessation of certain activities or the voiding of illicit clauses. The Minister can also take actions on behalf of an actual victim, asking the courts to order restitution of undue payments or hand down civil fines of up to EUR 5 million or up to three times the unduly paid amount as assessed by the court or in proportion to the advantage gained from the practice, up to 5% of the undertaking's annual turnover (Article L. 442-4).

The Minister of the Economy and the Directorate for competition (DGCCRF)

Created by the NRE Law, the Commission monitors commercial dealings, invoicing and contracts between producers, suppliers and resellers, acts as an observatory on the same, formulates recommendations and gives opinions on questions relating to commercial or advertising documents and practices. The Commission is made up of a National Assembly representative, a senator, members of the judiciary, of the agricultural, manufacturing, supply and resale sectors, and governmental representatives.

Matters may be referred to the Commission by the Minister of the Economy or any other Minister in charge of the sector concerned, the Competition Authority president, any legal entity, or any manufacturers, suppliers or resellers who consider themselves victims of an unfair commercial practice or any court requiring a legal opinion on practices brought before it under Articles L. 442-1 et seq.of the Commercial Code.

The Commission should be seen as a compromise between a quasi-judicial body, like the Competition Authority, and a simple observatory. Although its opinions and recommendations are not legally binding, they have an influence on court decisions and facilitate negotiated settlements in disputes between manufacturers, suppliers or resellers.

Global Competition Law

276. The Competition Authority (Autorité de la concurrence)

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Les notions juridiques connexes

276. The Competition Authority (Autorité de la concurrence)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise