English version
Conseil de la concurrence
Presentation
An independent administrative authority
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An administrative body created in 1986, the Conseil de la concurrence acts on behalf of the State and has real powers – notably the power to impose penalties – although it does not come under the authority of the Government. The Conseil acts following referrals or requests from third parties or through ex officio proceedings, and its decisions are subject to scrutiny by the Paris court of appeal. It acts under national legislation (Book IV of the code of commercial law, the code de commerce) and EC law (Articles 81 and 82 of the EC Treaty). The Conseil de la concurrence has the power to hand down injunctions, impose fines and accept commitments. It represses agreements, abuses of dominant positions and excessively low prices. It may also be called upon to issue opinions on a range of competition-related issues. The Conseil's composition, its organization and the conditions in which cases or requests for opinion may be referred to it are designed to guarantee its independence and efficacy. |
Composition Organization The role of the Government Official
The Conseil is made up of seventeen members, each of whom is appointed by decree for a six year term, based on the recommendation of the Minister of Economy. They cannot be removed from office, except in cases clearly specified in the code of commercial law (Art. L. 461-1 and L. 461-2).
The seventeen members include the following :
• Eight members or former members of the Administrative Supreme Court (Conseil d'Etat), the Supreme Court of Appeal (Cour de cassation), the Court of Accounts (Cour des comptes) or other administrative or civil courts ;
• Four persons selected on the basis of their expertise in economics or in competition and consumer affairs ;
• Five people working or who have worked in production, distribution, craft trades, services or the liberal professions.
The chairperson and the three vice-chairpersons are permanent positions.
Under the terms of Article L. 461-2, all members of the Conseil must inform the chairperson of any business interests they have and any business activities they exercise. No member may participate in deliberations on a case in which he or she has an interest.
The Conseil is a collegial board. Its decisions are made collectively in all fields.
It may meet in plenary sessions, in divisions or as a standing committee. The quorum for plenary sessions is eight members. Three members are required for other meetings. One of the members must always be from the first college of judges. Four divisions have been created. These divisions are chaired by the chairperson of the Conseil and the vice-chairpersons.
The standing committee consists of the chairperson and the vice-chairpersons.
The college usually sits in divisions, which have general expertise and are not intended to deal with a specific field.
Cases are investigated by case officers (judges, civil servants, economists or legal experts, engineers, etc.), who work under the authority of an executive case officer.
The executive case officer, his or her deputies and the case officers themselves are appointed by the Minister of Economy, on the recommendation of the Conseil's chairperson.
The Conseil is supported in its work by the services directed by the executive case officer, under the authority of the chairperson.
> The role of the Government Official
During sessions of the Conseil, the Government is represented by an official appointed by the Minister of Economy.
This position is held by the General Director for Competition, Consumer Affairs and Fraud Control (Directeur Général de la concurrence, de la consommation et de la répression des fraudes).
For all cases brought before the Conseil, the Government Official presents observations on the circumstances of the case and the applicable law, as well as his/her opinion on possible solutions.
However, the Government Official does not subsequently take part in the deliberations.
© Autorité de la concurrence - Mars 2009
