François Villeroy de Galhau
Cabinet Director
Ministry for Economy, Finance and Industry

Stéphane Keïta
Head of Cabinet
Ministry for Economy, Finance and Industry

Aline Peyronnet
Technical Counsellor for Small
and Medium-Sized Enterprises,
Competition, Public Tender
Offers and Audiovisual Issues
Ministry for Economy, Finance and Industry

Jérôme Gallot
Director General
DGCCRF
59 Boulevard Vincent Auriol
75703 Paris Cedex 3
Tel: +33 1 44 87 17 17

Noël Dirick
Deputy Director
Competition Department
DGCCRF

Caroline Montalcino
Head of Section B: Competition and Litigation
DGCCRF

Claudine Segelle
Section B1: Anticompetitive Practices
DGCCRF

Andrée Grizaut
Section B2: Restrictive Practices
DGCCRF

Jérôme Philippe
Section B3: Concentrations
DGCCRF

Virginie Beaumenier
Section B4: Tender Offers
DGCCRF

Eugène Julien
Head of Section C: Quality, Security and Consumer Protection
DGCCRF

Luc Valade
Head of Section D: Food and Agricultural Products
DGCCRF

Laurent Fleuriot
Head of Section F: Services
DGCCRF

Bernard Nicolaïeff
Head of Section G: Administration
DGCCRF

Marie-Dominique Hagelsteen
Président
Conseil de la Concurrence
11 rue de l'Echelle
75001 Paris
Tel: +33 1 42 60 31 61
Fax: +33 1 42 60 60 99

Pierre Cortesse
Vice Président
Conseil de la Concurrence

Frédéric Jenny
Vice Président
Conseil de la Concurrence

Micheline Pasturel
Vice Président
Conseil de la Concurrence

Patrick Hubert
Rapporteur Général
Conseil de la Concurrence

The Ministry of Economy plays an important part in the enforcement of competition rules. It has a specific department, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF), which ensures that consumer protection and competition rules are correctly applied on the French market. Though this body does not have the power to penalise undertakings for anti-competitive behaviour, its role in the enforcement of French antitrust policies is of great importance as it may refer on to the Conseil de la Concurrence or judicial authorities any behaviour which it feels is contrary to the Ordonnance.

Concentration cases are decided exclusively by the Minister of the Economy, who must however refer the case to the Conseil de la Concurrence for advice where a prohibition is considered. Cases on appeal from the Minister of the Economy are heard by the Conseil d'Etat (the French supreme administrative court).

Judicial authorities may also decide antitrust cases initiated by individuals or by the DGCCRF. Unlike the Conseil de la Concurrence, judicial authorities may not fine infringing undertakings but have the power to declare void any anti-competitive agreements and to award appropriate compensation if necessary. Moreover, infringements relating to Chapter IV of the Ordonnance and Article 36 in particular are their exclusive competence.

In practice, the competition powers of these authorities mainly relate, concentration issues aside, to the enforcement of Articles 7, 8 and 36 of the Ordonnance.

Drafted along the same lines as Articles 81 and 82 of the Treaty of Rome, Articles 7 and 8 of the Ordonnance are designed to prevent any conduct which reduces competition in the market. Article 7 thus prohibits all agreements or concerted practices which might have as their object or effect to restrict competition. Practices considered as constituting anti-competitive behaviour are those which tend to limit access to the market and the free determination of prices and volumes on the market. Article 8.1 prohibits any abuse of a dominant position, while Article 8.2 forbids the abusive exploitation by an undertaking of a state of economic dependency another undertaking may have in relation to it. Article 36 prohibits per se discriminatory pricing and abrupt termination or infringement of distribution networks, even in the absence of a dominant position or of an anti-competitive agreement.

Edouard Didier and Jean-Claude Rivalland

Tel: +33 1 40 06 55 01
Fax: +33 1 40 06 54 54