French Commercial code
In forceI.-In local authorities covered by Article 73 of the Constitution and in the overseas collectivities of Saint-Barthélemy, Saint-Martin, Wallis-et-Futuna and Saint-Pierre-et-Miquelon, in the event of the existence of a dominant position, held by an undertaking or group of undertakings engaged in wholesale or retail trade, the Competition Authority may, having regard to the particular constraints of these territories arising in particular from their geographical and economic characteristics, send a reasoned report to the undertaking or group of undertakings in question if it finds that this dominant position raises competition concerns because of the high prices or margins charged by the undertaking or group of undertakings compared with the averages usually found in the sector concerned.
The undertaking or group of undertakings may, within a period of two months, propose commitments to the Commission, under the conditions set out in Article L. 464-2.
II.-If the undertaking or group of undertakings contests the finding made under the conditions set out in I or does not propose commitments or if the proposed commitments do not appear to it to put an end to its competition concerns, a report is notified by the Competition Authority to the undertaking or group of undertakings, which may submit its observations within two months.
The Autorité de la concurrence may, by a reasoned decision taken after receiving the observations of the undertaking or group of undertakings in question and after a hearing before the college, enjoin it to amend, supplement or terminate, within a specified period which may not exceed six months, all agreements and all acts by which the economic power that permits the high prices or margins observed has been built up. It may, under the same conditions, order it to dispose of assets, including land, whether built or not, within a period that may not be less than six months, if such disposal is the only means of guaranteeing effective competition. The Competition Authority may sanction non-compliance with these injunctions under the conditions set out in Article L. 464-2.
As part of the procedures defined in I and II of this Article, the Competition Authority may request any information under the conditions set out in articles L. 450-3, L. 450-7 and L. 450-8 and hear any interested third parties.
