Section 1: Decisions.

Articles in this section · 19

Article R464-2

French Commercial codeIn force

Updated 5 Nov 2023

When the Competition Authority considers applying I of Article L. 464-2 relating to the acceptance of commitments proposed by undertakings, the rapporteur shall inform the undertakings or bodies concerned of his preliminary assessment of the practices in question. This assessment may either be notified in the form of a report sent by post or via a secure electronic document exchange platform, or, where the Authority has received an application for interim measures, be presented orally at the hearing. A copy of the assessment is sent to the author of the referral and to the Government Commissioner, except where it is presented orally at a hearing in the presence of the parties.

The time limit given to the undertakings or organisations to formalise their commitments following the preliminary assessment is set either by the rapporteur in the case where the assessment was notified by minutes sent by post or via a secure electronic document exchange platform, or by the Autorité de la concurrence in the case where the assessment was presented orally at a hearing. This period may not be less than one month, unless the companies or organisations concerned agree otherwise. This period may not be less than one month, unless the undertakings or bodies concerned agree.

On receipt of the commitments proposed by the undertakings or bodies concerned at the end of the period referred to in the second paragraph, the General Rapporteur will communicate their content to the author or authors of the referral and to the Government Commissioner. He shall also publish, by any means, a summary of the case and the commitments to enable interested third parties to submit their observations. It sets a time limit, which may not be less than one month from the date of communication or publication of the content of the commitments, for the submission of observations by the parties, the Government Commissioner and, where applicable, interested third parties. The parties and the Government Commissioner are invited to attend the hearing at least three weeks before the date of the hearing, either by letter from the General Rapporteur or via a secure electronic document exchange platform. The notice of meeting is accompanied by the proposed commitments. The parties and the Government Commissioner may present oral observations at the meeting.

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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