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Monday, February 13, 2012Congresses

Inspections dealing with Competition issues

©L'Observatoire des Cosmétiques

Emmanuelle Gourbin, director of Legal and Corporate Affairs at Febea (the French Federation of Beauty Companies), reminded the audience of the aim of theses inspections: the proper functioning of the market. To do so, the regulatory authorities have a power of investigation and penalties.

Reading time
~ 6 minutes

As for inspections dealing with the regulation about chemicals or cosmetic products, the first point is to understand exactly which kind of competition inspection is planned, in order to know your rights and obligations. The kind of inspection is directly linked to the Authority the inspectors are a part of, and to the documents they display.

There are two levels of inspection: European or National, both being subdivided into "in-depth" or "simple".

 1/ The European investigation
(after a European Commission initiative)

It is launched following a complaint or another event: a question by a Member of the European Parliament, media articles, suspicions, leniency requests (when a cartel participant denounces the practice it is involved in, in order to be exempted from prosecution - as recently seen in a case between detergent manufacturers.)

A/ The so-called in-depth investigation

To be sure that inspectors come with the documents they need for their inspection, that there is no abuse of authority, that they do not try to access documents beyond what it is planned, you must check, prior to the inspection:
• the topic and the aim of the inspection,
• the date,
• the foreseeable penalties,
• the possible legal options,
• …

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