The Composition of the CEPC
The CEPC is a mixed-membership commission whose composition reflects the range of institutional, professional, and economic perspectives needed to assess commercial practices in the French distribution chain (Art. L 440-1, al. 1 and Art. D 440-2). It combines democratic legitimacy (elected parliamentarians), judicial authority (serving and honorary magistrates), sectoral expertise (production, industry, wholesale, distribution), economic analysis (qualified experts), and administrative oversight (senior government officials).
| Category | Members | How designated | Term |
|---|---|---|---|
| Elected representatives | 1 deputy (député) and 1 senator (sénateur), designated by the permanent committees of their respective chambers competent in commercial relations between suppliers and resellers | By their respective parliamentary committees | Duration of mandate |
| Magistrates | 1 honorary administrative magistrate, 1 honorary judicial magistrate, 1 commercial court judge (juge de tribunal de commerce). The vice-president of the CEPC is chosen from among these three if the president is not already a member of a court | Ministerial appointment | 3 years |
| Production and industry | 8 members representing sectors of agricultural, fishery, and food production, as well as industrial and artisanal production and processing — or their alternates (suppléants) | Ministerial appointment (from professional organisations or companies) | 3 years |
| Wholesale and distribution | 8 members representing wholesalers and distributors, chosen from professional organisations or companies — or their alternates | Ministerial appointment (from professional organisations or companies) | 3 years |
| Qualified experts | 3 persons qualified in matters relating to industry-commerce relations | Ministerial appointment | 3 years |
| Administration representatives | The Director General of the DGCCRF and the Director General for Economic and Environmental Performance of Enterprises (directeur général de la performance économique et environnementale des entreprises), or their representatives | By virtue of office (ex officio) | Duration of office |
The Director General of the DGCCRF sits on the CEPC and, like all other members, serves in a personal capacity and is bound by the professional secrecy obligation. This means that the DGCCRF's participation in CEPC deliberations does not create an automatic flow of information between the two institutions — the Director General is personally bound to secrecy regarding everything learned in their CEPC capacity, just as any other Commission member.
Leadership: President, Vice-President, and Succession
The CEPC has a president and a vice-president. Where the president is not a member of a court, the vice-president must be chosen from the three magistrate members (honorary administrative magistrate, honorary judicial magistrate, or commercial court judge). The vice-president substitutes for the president in all their functions.
The president holds two significant operational powers under the governance framework: the personal responsibility for ensuring anonymisation of all documents before they reach the Commission, and the power to request enquiries by authorised agents (see below).
Governance: Sessions, Enquiries, and the Separate Secretariat
CEPC sessions are not open to the public (Art. D 440-9). The Commission deliberates in private, ensuring that the parties whose practices are being examined cannot be identified through public observation. Enquirers (enquêteurs) who have contributed to the examination of a specific question at the Commission's request may attend when that question is being examined — but only for that specific question.
The CEPC can hear any persons or officials it considers useful to its mission (Art. L 440-1, III). The president can also request that an enquiry be carried out by agents authorised under Art. L 450-1 C. com. (DGCCRF agents and competition authority instruction service agents) and Arts. L 511-3, L 511-21, and L 511-22 C. consom. The enquiry report must preserve the anonymity of the persons concerned.
Although the CEPC is located within DGCCRF premises, it maintains a dedicated and separate secretariat. This institutional separation is specifically designed to guarantee the anonymity of referrals. The secretariat is the first point of contact for all referrals and the entity responsible for implementing the anonymisation procedure before any material is passed to Commission members.
The president and vice-president are personally responsible for ensuring that all documents, enquiry reports, and information collected are anonymised before being circulated to the Commission (Art. D 440-11). The secretariat must delete all nominative references from documents and, where necessary, withdraw any pieces that would allow a person or company to be identified. This process happens before any Commission member sees the material.
Professional Secrecy: The Criminal Sanction
Professional secrecy is not merely a governance aspiration for the CEPC — it is a legally enforceable obligation with criminal consequences. Every member of the CEPC, without exception, is bound by professional secrecy for all facts, acts, and information they learn in the exercise of their functions (Art. L 440-1, I-al. 3).
Who is bound
All members of the CEPC without exception — including elected parliamentarians, magistrates, industry and distribution representatives, qualified experts, the DGCCRF Director General, and the DPEEE Director General. The secrecy obligation applies to all regardless of their category of membership or professional background.
What is covered
All facts, acts, and information (faits, actes et renseignements) of which members have knowledge by reason of their CEPC functions. This covers everything learned during Commission deliberations, from referral documents, enquiry reports, and all other materials communicated in the context of the Commission's work.
Criminal sanction for violation
Violation of professional secrecy is a criminal offence under Art. 226-13 of the Code pénal: one year of imprisonment and a €15,000 fine. The criminal nature of the sanction — rather than a civil or administrative penalty — reflects the seriousness with which the legislature treats confidentiality breaches in this context.
The criminal enforcement of professional secrecy provides a strong structural guarantee for businesses that refer sensitive commercial information to the CEPC. A supplier that submits confidential pricing terms, contract structures, or commercial correspondence to support a referral can be confident that the criminal sanction attaching to any disclosure is a real deterrent to leaks — whether intentional or inadvertent. This is particularly significant given the CEPC's mixed composition: the same Commission that includes industry and distribution representatives also includes their counterparties' sector. The professional secrecy obligation, backed by criminal sanctions, is the framework that makes it possible for all parties to participate in the same institution.
This concludes our four-part series on the CEPC. Whether you are considering a referral, assessing a published opinion's impact on your sector, or managing a dispute in which the CEPC may be consulted by the court, our team is here to help you navigate the process effectively.
Book a ConsultationThis article is for general information and educational purposes only. It does not constitute legal advice. Always seek qualified legal advice for your specific situation.
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Get Legal AdviceKey Legal References
CEPC membership and composition — mixed categories: parliamentarians, magistrates, production, distribution, experts, administration
Professional secrecy obligation for all CEPC members — all facts, acts and information learned by reason of CEPC functions
Criminal sanction for professional secrecy violation: 1 year imprisonment + €15,000 fine
CEPC power to hear any persons or officials useful to its mission; president's power to request enquiries
DGCCRF agents and competition authority instruction service agents authorised to carry out CEPC enquiries
DGCCRF and other consumer/product safety agents authorised for CEPC enquiries
CEPC sessions are not public — closed deliberations; enquirers may attend only for their specific question
Anonymisation of all documents before circulation to Commission members — president and vice-president's personal responsibility
