Section 1: Restrictive competition practices

Articles in this section · 8

L442-1L442-2L442-3L442-4L442-5L442-6L442-7L442-8

Article L442-4

French Commercial codeIn force
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Updated 7 Nov 2023

I.-For the application of articles L. 442-1, L. 442-2, L. 442-3, L. 442-7 and L. 442-8, the action is brought before the competent civil or commercial court by any person proving an interest, by the public prosecutor, by the minister responsible for the economy or by the chairman of the Competition Authority when the latter finds, in connection with cases falling within its jurisdiction, a practice mentioned in the aforementioned articles.

Any person demonstrating an interest may ask the court seised to order the cessation of the practices referred to in Articles L. 442-1, L. 442-2, L. 442-3, L. 442-7 and L. 442-8 as well as compensation for the harm suffered. Only the party who is the victim of the practices provided for in articles L. 442-1, L. 442-2, L. 442-3, L. 442-7 and L. 442-8 may have the unlawful clauses or contracts declared null and void and claim restitution of the undue advantages.

The Minister for the Economy or the Public Prosecutor may ask the court to order the cessation of the practices referred to in Articles L. 442-1, L. 442-2, L. 442-3, L. 442-7 and L. 442-8. They may also, in respect of all these practices, declare the unlawful clauses or contracts null and void and seek restitution of any benefits unduly obtained, provided that the victims of these practices are informed, by any means, of the institution of this legal action. They may also request the imposition of a civil fine, the amount of which may not exceed the highest of the following three amounts:

-five million euros;

-three times the amount of the advantages unduly received or obtained;

-5% of the pre-tax turnover achieved in France by the perpetrator of the practices in the last financial year closed since the financial year preceding that in which the practices were implemented.

II.-The court shall systematically order the publication, dissemination or posting of its decision or an extract therefrom in the manner it shall specify. It may order that the decision or an extract therefrom be included in the report drawn up on the operations of the company by its managers, board of directors or management board. The costs shall be borne by the convicted person.

The court may order that its decision be enforced subject to a fine.

The interim relief judge may order, if necessary under a fine, the cessation of the abusive practices or any other provisional measure.

III.-Litigation relating to the application of articles L. 442-1, L. 442-2, L. 442-3, L. 442-7 and L. 442-8 shall be assigned to courts whose seat and jurisdiction shall be fixed by decree.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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