ARTICLES: AUTORITÉ DE LA CONCURRENCE - REFORM OF 2009 - PROCEDURAL FAIRNESS -FOUNDATIONAL PRINCIPLES - INDEPENDENCE - NEUTRALITY - DIALOGUE - TRANSPARENCY - EUROPEAN COURT OF HUMAN RIGHTS - FRENCH GOVERNMENT - FRENCH PARLIAMENT

Procedural fairness before the French Competition Authority

The roundtables organized earlier this year by the Competition Committee of the OECD have shown that competition authorities share the common goal of ensuring the fairness of their procedures, but also that the legal and practical means of achieving this procedural fairness may legitimately differ from one jurisdiction to another. The following article dwells on the foundational principles of the procedural fairness guaranteed by the Autorité de la concurrence: independence, neutrality, dialogue and transparency. The three main points to bear in mind are that the French law goes beyond the requirements of the European Court of Human Rights in terms of due process, that the French Government and Parliament have supported the current balance during the reform of 2009 and that the Conseil de la concurrence, and now the Autorité, have taken a number of organizational and procedural initiatives aimed at further enhancing the fairness of their operation in practice.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. Introduction 1. How is procedural fairness before the French Competition Authority (the "Authority") ensured? The following article makes a contribution on this subject. It returns to the notion of procedural fairness (II.), before discussing the main lines of force that structure it before the Authority: independence (III.), impartiality (IV.), dialogue (V.) and transparency (VI.), then concluding (VII.). II. Procedural fairness before competition authorities: Unity in diversity 2. The two recent round tables on the concept of procedural fairness by the OECD [1] Competition Committee showed that there was a consensus among the competition authorities

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Authors

  • European Court of Justice (Luxembourg)
  • French Competition Authority (Paris)

Quotation

Fabien Zivy, Irène Luc, Procedural fairness before the French Competition Authority, December 2010, Concurrences N° 4-2010, Art. N° 32747, pp. 85-100

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