Section 3: Communication and production of documents in the file of a competition authority

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Article L483-5

French Commercial codeIn force

Updated 7 Nov 2023

The judge may not enjoin the communication or production of a document comprising:

1° A written statement or transcript of oral statements voluntarily submitted to a competition authority by a person mentioned in Article L. 481-1 or on its behalf, and helping to establish the reality of an anti-competitive practice provided for in articles L. 420-1and 101 of the Treaty on the Functioning of the European Union and to identify its authors, with a view to benefiting from a total or partial exemption from penalties pursuant to a leniency procedure;

2° A written statement or transcript of oral statements voluntarily submitted to a competition authority by a person mentioned in Article L. 481-1 or on his behalf, reflecting his willingness to waive his right to contest the reality of the objections notified to him and the resulting liability, or acknowledging his participation in an anti-competitive practice and the resulting liability, drawn up to enable the Competition Authority to apply the procedure provided for in III of Article L. 464-2, or to the Minister responsible for the economy to apply the procedure provided for in the second paragraph of article L. 464-9 or the competition authorities of the other Member States and the European Commission to apply a simplified or accelerated procedure.

This prohibition also applies to passages in a document drawn up in the course of an investigation or enquiry before a competition authority and which would include a literal transcription or quotation of the statements mentioned in the preceding paragraphs.

The judge shall exclude from the proceedings the documents referred to in this article which are produced or communicated by the parties where these documents were obtained solely through access to the file of a competition authority.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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