New Caledonia, French Polynesia and DOM-COM: New challenges for competition policy in island territories

Law & Economics workshop organised by Concurrences with Jacques Mérot (Autorité polynésienne de la concurrence), Fabienne Siredey-Garnier (Autorité de la concurrence) and Aurélie Zoude-Le Berre (Autorité de la concurrence de la Nouvelle-Calédonie), in partnership with Mayer Brown and Analysis Group.

Nathalie Jalabert-Doury (Lawyer, Mayer Brown) explained the relevance of dedicating a conference to competition in island territories, particularly in New Caledonia and French Polynesia, but also in other DROMs and COMs, where the same phenomenon of development of competition issues has been observed. Although each territory obviously has its own specificities, Maître Jalabert-Doury noted a common element, beyond cultural, geographical and regulatory differences: the existence of competitive constraints linked to insularity and/or remoteness from mainland France. This common reality is accompanied by the widespread feeling that, for a long time, these territories have been excluded from the circuits for applying competition rules. Nevertheless, there have been changes in the recent period, notably legislative interventions such as the Lurel Act of 2012, which introduced specific intervention tools, government measures such as the appointment of an interministerial delegate for overseas competition, and the speaking out through opinions and decisions of the Metropolitan Authority and the authorities of New Caledonia and French Polynesia. An initial assessment is necessary.

Photos © Philippe Barbosa

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