ARTICLES : FRENCH PUBLIC POLICIES - REFORM - TERRITORIAL REORGANIZATION - DGCCRF - DIRECCTES - LOCAL ANTI-COMPETITIVE PRACTICES - ART L 464-9 OF THE COMMERCIAL CODE - INJUNCTIVE AND TRANSACTION PROCEDURE

The DGCCRF action against anti-competitive practices since the 2008 Act

The French public policies reform has led to a deep reorganization of the territorial services which has impacted on the organization of the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF). Markets’ regulation is exercised by the "DIRECCTES " under the Prefects authority at the regional level. To strengthen the fight against anti-competitive practices, the Decree of 13 Nov. 2008 on the modernization of the competition’s regulation has introduced an injunctive and transaction procedure for the settlement of the local anti-competitive practices (Art. L. 464-9 Commercial Code), which is implemented by the DIRECCTES under the DGCCRF control under the Minister of Economy’s authority. This procedure acts as a complementary tool in the fight against anti-competitive practices and enhances the general process credibility and allows a coherent policy against local anti-competitive practices. This procedure is now fully operational and its first results appear significant. Each year, the DGCCRF forwards to the Competition Authority nearly 80 cases, which need further investigations. The DGCCRF conducts the investigations not supported by the Authority and forward the results to the Authority. The Authority usually relies on the DGGCRF to settle these local practices by way of transaction or induction. These cases concern various economic sectors and anticompetitive practices.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The institutional framework for the fight against anti-competitive practices and merger control was amended by the Act of 4 August 2008 on modernisation of the economy and the Order of 13 November 2008 on modernisation of competition regulation, which created the Competition Authority and established a new division of powers between the Authority and the DGCCRF. These provisions have been effective since 2 March 2009. The reform of the State's territorial administration resulting from the General Review of Public Policies (RGPP) required the introduction of new arrangements for the organization of deconcentrated services in application of the

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Nathalie Homobono, André Marie, The DGCCRF action against anti-competitive practices since the 2008 Act, February 2012, Concurrences N° 1-2012, Art. N° 41562, pp. 30-42

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