French Commercial code
In forceI. - Within five working days of the date on which it received the decision of the Competition Authority or was informed of it pursuant to Article L. 430-5, the Minister responsible for the economy may ask the Autorité de la concurrence for an in-depth examination of the transaction under the conditions set out in Articles L. 430-6 and L. 430-7.
II. - Within a period of twenty-five working days from the date on which it received the decision of the Competition Authority or was informed of it pursuant to Article L. 430-7, the Minister responsible for the economy may raise the matter and rule on the transaction in question for reasons of general interest other than the maintenance of competition and, where appropriate, offsetting the harm to the latter caused by the transaction.
The grounds of general interest other than the maintenance of competition that may lead the minister responsible for the economy to raise the matter are, in particular, industrial development, the competitiveness of the companies in question with regard to international competition or the creation or maintenance of jobs.
When, pursuant to this II, the Minister responsible for the economy refers to a decision of the Autorité de la concurrence, he or she shall take a reasoned decision on the transaction in question after hearing the comments of the parties to the merger. This decision may possibly be conditional on the effective implementation of commitments.
This decision is transmitted without delay to the Autorité de la concurrence.
If the Minister responsible for the economy considers that the parties have not implemented a commitment set out in his decision within the set timeframe, he may take the decisions provided for in 1° to 3° of IV of Article L. 430-8.
