Section 1: Decisions.

Articles in this section · 19

Article R464-5-4

French Commercial codeIn force

Updated 5 Nov 2023

In order to be granted total or partial exemption from pecuniary penalties, the applicant must meet all of the following conditions:

1° The applicant must end its involvement in the prohibited practice without delay and at the latest immediately after submitting its application, except for what would be, in the opinion of the general rapporteur of the Autorité de la concurrence, reasonably necessary to preserve the integrity of the investigation;

2° It must provide the Autorité de la concurrence with genuine, full, permanent and rapid cooperation as soon as its request is made and throughout the investigation and enquiry procedure, which implies in particular:

a) Providing the Autorité de la concurrence without delay with all the information it needs to carry out its investigation and inquiry. a) Providing it without delay with all additional information of the kind referred to in III of Article R. 464-5-3 concerning the practice in question, which comes into its possession or to which it may have access, including in particular a detailed description of the practice and its nature, the nature and use of the products in question, the territories in which the practice is likely to have an impact, and an estimate of the duration of its implementation;

b) Making itself available to the Commission, as soon as possible after the request is submitted and throughout the investigation and inquiry procedure. b) Make itself available to the Autorité de la concurrence to respond rapidly to any request on its part aimed at helping to establish the facts constituting the practice in question;

c) Provide its legal representatives and representatives of its subsidiaries and affiliates with any information they may require to establish the facts constituting the practice in question. c) make its current legal representatives and employees available to the Competition Authority, and make reasonable efforts to do the same with its former legal representatives and employees;

d) Refrain from destroying, falsifying or concealing any relevant information or evidence relating to the practice in question;

e) Refrain from disclosing to the public any information or evidence relating to the practice in question e) Refrain from disclosing the existence or content of its request before the Autorité de la concurrence has communicated its objections to the parties, unless it gives its prior consent;

f) Not call into question in any way whatsoever the existence or content of its request. f) At no time may it call into question before the Competition Authority, until the end of the proceedings, the information it has disclosed to the Authority in the course of the proceedings, in particular with regard to the materiality of the facts it has denounced or the very existence of the practice;

3° When considering making an application to the Competition Authority, the applicant must not have destroyed or falsified evidence of the practice in question, nor disclosed its intention to make an application or the substance thereof, except to other competition authorities.

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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