The French Competition Authority applies the "failing firm" defence for the first time (Mobilux / Conforama)

On April 28, 2022, the French Competition Authority (“FCA”) unconditionally cleared the acquisition of home furnishing retailer Conforama by Mobilux, the parent company of competitor But Group. The FCA applied the failing firm defense for the first time. Background On July 8, 2019, Mobilux Group announced its intention to acquire Conforama, a retailer of furniture, household appliances, home decoration, and general merchandise products in France and the French overseas territories. Mobilux competes with Conforama through its subsidiary BUT. The transaction would lead to the combination of Conforama’s 170 sales outlets and BUT’s 322 sales

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Antoine Winckler, François-Charles Laprévote, Frédéric de Bure, Séverine Schrameck, The French Competition Authority applies the "failing firm" defence for the first time (Mobilux / Conforama), 28 April 2022, e-Competitions April 2022, Art. N° 108676

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