Key Benefits:
Publics concerned: companies in the consumer trade sector.
Subject: determination of business figures beyond which companies entering into an agreement to purchase must communicate this agreement to the Autorité de la concurrence. This is the total global turnover excluding taxes of all companies or groups of natural or legal persons parties to the agreement and the total turnover excluding taxes realized to purchase in France as part of the agreement by all parties.
Entry into force: the text comes into force on January 1, 2016.
Notice: theArticle L. 462-10 of the Commercial Code provides information from the Autorité de la concurrence in the event of a bundled purchase agreement between companies in the distribution of consumer goods and/or reference or purchase centers where the thresholds of their global total business figures excluding taxes and their non-tax business figures realized to purchase in France within the framework of the agreement exceed certain thresholds.
References: this decree is taken for the application of theArticle L. 462-10 of the Commercial Code created by Article 37 of the Act of 6 August 2015 for economic growth, activity and equality of opportunity. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade codeincluding article L. 462-10;
The State Council (Finance Section) heard,
Decrete:
In chapter II of title VI of Book IV of the Commercial Code, after article R. 462-4, an article R. 462-5 is inserted as follows:
"Art. R. 462-5.-I.-The Autorité de la concurrence is informed in advance of the bundled purchase agreements mentioned in the first paragraph of Article L. 462-10 when the following two conditions are met:
“(a) Global total revenue excluding taxes from all companies or groups of natural or legal persons parties to such agreements is more than 10 billion euros;
“(b) The total revenue excluding taxes realized to purchase in France under these agreements by all companies or groups of natural or legal persons parties to such agreements is more than 3 billion euros.
"II.-For the assessment of the threshold referred to in B of I, two or more agreements within the meaning of Article L. 462-10 concluded in a period of two years between the same companies or groups of natural or legal persons are considered to be a single agreement acting on the date of the first. »
The provisions of this Order come into force on 1 January 2016.
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 14 December 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
