COMPETITION • FRENCH LAW • PROCEDURE
In the context of a basic investigation (enquête simple) under Article L. 450-3 of the Commercial Code, investigators may access all premises or means of transport for professional use. Agents can randomly visit premises between the hours of 8 AM and 8 PM, and outside of those hours if they are open to the public or when activities of production, manufacture, processing, packaging, transport or marketing are taking place within them. Where the premises visited are also residential, inspections can take place between 8 AM and 8 PM and, if the occupier refuses, with a warrant issued by the juge des libertés et de la détention (freedoms and detention judge) of the tribunal judiciaire (judicial court) in the jurisdiction where the premises are located.
In the event of a court-ordered investigation (enquête lourde) under Article L. 450-4 of the Commercial Code, the investigators may, with a search warrant, visit any place, even if private, where documents relating to the anticompetitive or restrictive practices for which proof is sought may be held. This may include the premises of the undertaking to which the company suspected of the infringement has contributed its assets, provided that documents relating to the fraudulent conduct may be found there. The search may not begin before 6 AM or after 9 PM but may extend beyond that time. It must take place in the presence of the occupant of the premises or his representative. In the absence of the occupant of the premises, the investigators may nevertheless proceed with the search, accompanied by the two witnesses that the officer of the judicial police has requested.
