Key Benefits:
Audiences concerned: all economic operators including professional organizations, Competition Authority, administrations, competent jurisdictions in the application of competition law.
Subject: modification of conditions of implementation provisions of Article L. 463-4 of the Commercial Code concerning the protection of the secrecy of cases before the Autorité de la concurrence and modification of theArticle R. 470-5 of the Commercial Code relating to the transaction.
Entry into force: the text comes into force on the day after its publication.
Notice: Article 1 of this Decree replaces provisions of Article R. 464-29 of the Commercial Code which provided for the possibility of a dispute of decisions relating to the secrecy of cases taken by the general rapporteur of the Autorité de la concurrence only with the appeal against the decision at the merits of the authority before the Court of Appeal of Paris. The new article R. 464-29 reserves this rule to appeal against the decisions of the Rapporteur-General granting protection of the secrecy of cases or refusing to adjourn. Decisions refusing protection or lifting it now fall within the competence of the Council of State.
Section 2 completesArticle R. 470-5 of the Commercial Code in order to allow the authorities to delegate their signature in criminal transaction.
References: this decree, as well as the provisions of Trade code that it amends, in their drafting from this amendment, can be found on the site Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade codeincluding articles L. 463-4 and L. 470-4-1;
The State Council (Finance Section) heard,
Decrete:
Section R. 464-29 of the Commercial Code is replaced by the following provisions:
"Art. R. 464-29.-The decisions taken by the general rapporteur of the Autorité de la concurrence pursuant to Article L. 463-4 which grant the protection of the secrecy of cases or which refuse the lifting of this secret can only be appealed with the decision of the Autorité on the merits. »
In the first paragraph of article R. 470-5 of the same code, the words: "or the Director of the Departmental Directorate responsible for the protection of populations" are replaced by the words: ", the Director of the Departmental Directorate responsible for the protection of populations or their named representative".
The Minister of Economy, Industry and Digital Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on May 11, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
