Paris

Dawn raids and inquiries: Rights and obligations

Antitrust Procedure Workshop organized by Concurrences in partnership with Hogan Lovells.

THE POINT OF VIEW OF THE COMPETITION AUTHORITY

Virginie Beaumeunier (General Rapporteur Competition Authority)

The reform introduced by the LME and the order of 13 November 2008 has led to the development of the investigation activity of the Competition Authority’s rapporteurs, which mainly consists of direct market surveillance and the collection of evidence of anti-competitive practices. In addition to the investigations launched at the initiative of the general rapporteur (nearly ten) and those following applications for leniency, the Authority also carries out investigations (around twenty per year) following proposals from the DGCCRF from the territorial network (around sixty).

These investigations are carried out by investigation department rapporteurs, who in the vast majority of cases intervene on the basis of the powers of Article L.450-3 of the Commercial Code; recourse to those of L.450-4 (inspection and seizure operations) is quite modest in view of the volume of cases handled by the Authority (1 operation in 2012, 3 to 5 in previous years). Firms can therefore expect more frequent visits to their premises by the Authority’s rapporteurs in order to gather information useful to their investigations.

Photos © Léo-Paul Ridet.

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