As part of the development of competition, and in accordance with the recommendations issued by the National Competition Authority in 2012, New Caledonia adopted a law of the country on April 24, 2014 which makes it possible to entrust an independent administrative authority with the responsibility to implement all the tools for controlling and regulating competition in New Caledonia. The New Caledonia Competition Authority (ACNC) took office on March 2, 2018. The New Caledonia Competition Authority is an independent administrative authority, created by the country’s law of April 24, 2014, chaired and led by independent personalities. Since the law of the country of January 20, 2020, the powers of this collegiate institution are exercised by five members, the president and four non-permanent members .
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The Autorité sanctions an exclusive import agreement in the sector of import and distribution of electronic cigarettes* In a decision of March 1, 2023, the Autorité sanctions the company New Smart Vibes Import (NSVI) for having benefited from exclusive import rights on disposable electronic (...)
18
The Autorité clears the takeover of Espace Pro and Société Calédonienne de Location by Gladius* Under the terms of this decision, the Autorité authorizes the acquisition of exclusive control of the companies Espace Pro SASU and Société Calédonienne de Location SASU by the company Gladius SAS. Gladius (...)
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The New Caledonia Competition Authority (ACNC) issues a submission on the territory’s air transportation sector* Background With fares consistently 40 to 80% higher than in neighbouring countries, the air transportation market in New Caledonia, although legally open, does not genuinely operate (...)
26
The Autorité clears the acquisition of Technicar by Johnston et Compagnie* The Autorité authorized the takeover of SARL Société d’Exploitation Technicar by Johnston & Compagnie SAS. Johnston & Compagnie is owned by SARL Holding Groupe Jeandot, which heads the group of companies owned by (...)
24
Authorization of the joint takeover of SARL Socafer and Socabat by the Arbor group and the PH Cuenet group* In this decision, the Autorité unconditionally authorizes the takeover of joint control of SARL Socafer and SARL Socabat by Mr. Paul Halbedel (Arbor group) and Mr. Pierre-Hubert Cuenet. (...)
25
Authorization subject to commitments for the acquisition of Sifrais by Océanie Investissements* By this decision, the Autorité authorizes the acquisition of exclusive control of the company Sifrais SAS by the SARL Société Océanienne d’Etudes, d’Investissement et d’Entreprises, subject to commitments. (...)
21
Sanctions in the medical devices sector for exclusive import agreement practices (decision no. 2022-PAC-06 of August 29, 2022)* Under the terms of this decision, the Autorité sanctions the companies Médi-Services, Medline, Thermo Fisher Diagnostics, Medicrea International SAS, Sebia SA and (...)
21
Sanction of the company Transfunéraire for abuse of a dominant position in the funeral directors sector (decision no. 2022-PAC-03 of May 17, 2022)* In its decision n° 2022-PAC-03 of May 17, 2022, the Competition Authority sanctions the company Transfunéraire, on the basis of article Lp. 421-2 of (...)
17
Penalty of the company Pompes Funèbres Calédoniennes (PFC) for abuse of a dominant position and for an agreement with the company AZ Décès (decision no. 2022-PAC-02 of May 17, 2022)* In its decision n° 2022-PAC-02 of May 17, 2022, the Authority sanctions the company Pompes Funèbres Calédoniennes (...)
22
SODEC (Burger King) fined 6MF for three practices restricting competition in the beverage sector (decision no. 2022-PCR-01 of April 20, 2022)* Société de Développement Calédonienne (hereinafter, “SODEC”) is a company active in the fast-food sector, whose activity consists of operating restaurants (...)
19
Competition in the cinema sector: the SECH (Cinécity) "succeeds in its appeal" before the Paris Court of Appeal, which confirms in all respects the decision of rejection and inadmissibility of the Authority of October 5, 2020* In a judgment of March 24, 2022, the Paris Court of Appeal confirms (...)
25
Penalty of FCFP 54 million for illegal agreement on prices and discounts in the agricultural sector by the companies Agridis, Agicenter, Marconnet and Céres (Decision No. 2022-PAC-01 of January 25, 2022)* Under the terms of this decision, the Autorité sanctions an illegal agreement, contrary to (...)
24
Sanction of Médical Equipement in the amount of FCFP 9 million for failure to notify a concentration operation with Handipharma* In this decision n° 2022-DN-01 of January 10, 2022, the Autorité sanctions the lack of notification of the concentration operation relating to the acquisition by the (...)
17
The Riz de Saint Vincent company fined 32 MF for lack of commercial transparency (decision n° 2021-PCR-03 of August 25, 2021)* By decision no. 2021-PCR-03 of August 25, 2021, the New Caledonia Competition Authority sanctioned the company Le Riz de Saint-Vincent for not having been able to (...)
25
Authorization subject to commitments for the takeover of SARL Médical Equipement by SARL Handipharma following a formal notice from the ACNC (decision 2021-DCC-01 of March 22, 2021)* In its decision no. 2021-DCC-01 of March 22, 2021, the Autorité authorised, a posteriori, the takeover of (...)
17
The companies Enercal / EEN and Promosud fined 20 MF and 12 MF respectively for failure to notify a concentration operation (decision no. 2021-DN-01 of January 29, 2021)* Procedure On October 25, 2017, the company Promosud and the company EEN carried out a concentration operation consisting (...)
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