*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Order 2008-1161 of 13 November 2008 on the modernisation of competition regulation completes the reform of competition law initiated by the Law on the modernisation of the economy of 4 August 2008 (hereinafter "LME"). A preliminary draft of this text was made public on 4 June 2008. It had been the subject of a consultation that gave rise to lively exchanges between the administration, practitioners and academics. The Competition Council had also issued an opinion on the text. Article 97 of the LME then formally empowered the government to adopt the ordinance. However, two parts of the preliminary draft were incorporated into the Act in passing, the
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ARTICLES: FRENCH ORDINANCE OF 13 NOVEMBER 2008 - COMPETENCES OF THE NEW COMPETITION AUTORITY - RIGHTS OF DEFENSE - “MICRO” ANTICOMPETITIVE PRACTICES
Ordinance of 13 November 2008 : Towards an - almost - unified competition law
The present study comments on the Ordinance of 13 November 2008 on the Modernisation of the Regulation of Competition. This legal instrument changes in several respects the legal framework applying to anti-competitive practices. It extends the competences of the new Autorité de la Concurrence (“AC”) while increasing the independency of its investigation department. As regards with inspections, the Ordinance reinforces the undertakings’ rights of defense but also imposes new duties on them. Disappointingly the text does not give full jurisdiction to the AC with regard to anti-competitive practices. It still entrusts the Ministry of the Economy with the task of fighting against the so-called “micro” anticompetitive practices.
The autor thanks Christophe Lemaire and Jérôme Gstalter for their precious commentaries.
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