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Autorité de la concurrence
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Autorité de la concurrence
The Autorité de la concurrence (French for 'Competition Authority'; French: [ɔtɔʁite də la kɔ̃kyʁɑ̃s]) is France's national competition regulator. Its predecessor, the Competition Council, was established in the 1950s. The Competition Authority is an Independent administrative authority [fr], responsible for preventing anti-competitive practices and monitoring the functioning of markets. It aims to ensure respect for the law linked "to the defense of a sufficient market competition".
Although it is not considered a court, it pronounces injunctions, makes decisions, and if necessary, imposes penalties, subject to appeal to the Court of Appeal of Paris and the Court of Cassation. It also issues opinions.
The main sources of law of its action are the Commercial Code (Book IV) and Articles 101 and 102 of the Treaty on the Functioning of the European Union. Its headquarters are in Paris, at 11 Rue de l'Echelle (some services such as the concentrations or the economy are at 6 avenue de l'Opéra)
Created by a decree of 9 August 1953 in the form of a commission attached to the Minister for the Economy, the Competition Council, as its name officially by the order of December 1, 1986 has become, since January 13, 2009 and according to the law of 4 August 2008 on modernization of the economy, the Competition Authority. His powers have been gradually extended, including the law of 15 March 2001 on new economic regulations (NRE Act) to meet the control objective of the proper competitive functioning of the market.
In the early 1950s, in an economic context and directed nationalized since the Great Depression 2, as well as agreements with professional way since the Second World War with the Vichy regime and the German planning of the French economy the government attention focuses on anti-competitive practices. The persistence of corporatist practices, after the Vichy regime, helping to change the vision of the government on the effects of horizontal agreements between competitors 3.
The government decided to take measures against price fixing 4, down the price system set by the administration since Ordinance No. 45-1483 of 30 June 1945 adopted in the aftermath of the war. Thus, Law No 52-835 of 18 July 1952 enriches the list of anti-competitive practices in the order of 30 June 1945.
In 1953, both Houses of Parliament tear around the passage of a law establishing the status of cartels. In January 1950, a bill introduced by Henri Teitgen is the establishment of a specialized court for review of agreements to curb unlawful agreements but to allow those deemed consistent with the public interest 3. Other projects submitted tend to amend Articles 419 and 420 of the penal code to punish agreements. Asked for an opinion, to inform parliamentary debates 5, the Economic Council (forerunner of the present EESC) rejects the draft Henri Teitgen, due to the exorbitant powers of its specialized jurisdiction of the project and in the absence of judicial redress against its decisions.
The resistance of both Houses encourages the government to override opposition parliamentarians 4 : Article 7 of the Framework Law No. 53-611 of 11 July 1953 empowers the government to take measures "to maintain or restore a free industrial and commercial competition" 6, according to the practice of decree laws in force under the Fourth Republic. The French legislation also seemed upset with the Havana Charter.
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Autorité de la concurrence
The Autorité de la concurrence (French for 'Competition Authority'; French: [ɔtɔʁite də la kɔ̃kyʁɑ̃s]) is France's national competition regulator. Its predecessor, the Competition Council, was established in the 1950s. The Competition Authority is an Independent administrative authority [fr], responsible for preventing anti-competitive practices and monitoring the functioning of markets. It aims to ensure respect for the law linked "to the defense of a sufficient market competition".
Although it is not considered a court, it pronounces injunctions, makes decisions, and if necessary, imposes penalties, subject to appeal to the Court of Appeal of Paris and the Court of Cassation. It also issues opinions.
The main sources of law of its action are the Commercial Code (Book IV) and Articles 101 and 102 of the Treaty on the Functioning of the European Union. Its headquarters are in Paris, at 11 Rue de l'Echelle (some services such as the concentrations or the economy are at 6 avenue de l'Opéra)
Created by a decree of 9 August 1953 in the form of a commission attached to the Minister for the Economy, the Competition Council, as its name officially by the order of December 1, 1986 has become, since January 13, 2009 and according to the law of 4 August 2008 on modernization of the economy, the Competition Authority. His powers have been gradually extended, including the law of 15 March 2001 on new economic regulations (NRE Act) to meet the control objective of the proper competitive functioning of the market.
In the early 1950s, in an economic context and directed nationalized since the Great Depression 2, as well as agreements with professional way since the Second World War with the Vichy regime and the German planning of the French economy the government attention focuses on anti-competitive practices. The persistence of corporatist practices, after the Vichy regime, helping to change the vision of the government on the effects of horizontal agreements between competitors 3.
The government decided to take measures against price fixing 4, down the price system set by the administration since Ordinance No. 45-1483 of 30 June 1945 adopted in the aftermath of the war. Thus, Law No 52-835 of 18 July 1952 enriches the list of anti-competitive practices in the order of 30 June 1945.
In 1953, both Houses of Parliament tear around the passage of a law establishing the status of cartels. In January 1950, a bill introduced by Henri Teitgen is the establishment of a specialized court for review of agreements to curb unlawful agreements but to allow those deemed consistent with the public interest 3. Other projects submitted tend to amend Articles 419 and 420 of the penal code to punish agreements. Asked for an opinion, to inform parliamentary debates 5, the Economic Council (forerunner of the present EESC) rejects the draft Henri Teitgen, due to the exorbitant powers of its specialized jurisdiction of the project and in the absence of judicial redress against its decisions.
The resistance of both Houses encourages the government to override opposition parliamentarians 4 : Article 7 of the Framework Law No. 53-611 of 11 July 1953 empowers the government to take measures "to maintain or restore a free industrial and commercial competition" 6, according to the practice of decree laws in force under the Fourth Republic. The French legislation also seemed upset with the Havana Charter.
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