LEGAL PRACTICE : FRENCH COMPETITION AUTHORITY - ADVISORY POWER - SELF-REFERRAL - COMPANIES - STAKES

The advisory practice of the French Competition Authority

This article focuses on the implications for companies of the French competition Authority’s advisory practice, especially those arising from its new power of self-referral. It also provides them with practical tips in order to ensure that the Authority has perfect information and sufficient understanding of the stakes.

Conférence-déjeuner avec les auteurs et M. Patrick Spilliaert, 30 septembre 2011, Clifford Chance - Paris

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Since 1986, the Competition Council has had, in addition to its "classic" decision-making power, an advisory power enabling it to take a "different" approach to certain competition issues. This consultative competence was clearly strengthened with the entry into force of Order No. 2008-1161 of 13 November 2008 on the modernisation of competition regulation, and the corresponding entry into office of the Competition Authority. 2. Indeed, the legislator, while maintaining the previous acquis, extended the Authority's advisory function to include a hitherto unrecognised power of self-referral (Article L. 462-4 of the Commercial Code). 3. Thus, in

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Authors

  • Niddam-Drouas Avocats (Paris)
  • Orrick, Herrington & Sutcliffe (Paris)
  • De Pardieu Brocas Maffei (Paris)

Quotation

Marie de Drouas, Patrick Hubert, Chimène Faurant, The advisory practice of the French Competition Authority, September 2011, Concurrences N° 3-2011, Art. N° 36899, pp. 230-234

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