Search results - Concurrences

16 Sep 2020 R

Public passenger transport: The French Competition Authority makes several recommendations with a view to opening up to competition, as of 1 January 2021, a bus network of medium and long-distance lines in the Ile-de-France region (Ile-de-France Mobilités)

Alain Ronzano • N° 3-2020

On 16 September 2020, the Competition Authority issued an opinion No 20-A-08 at the request of Ile-de-France Mobilités, which is the organising authority for transport in the Ile-de-France region, concerning the opening up to competition, from 1 January 2021, of the public passenger transport (...)

18 Jun 2020 R

Competition policy: The European Parliament adopts own-initiative report by Stéphanie Yon-Courtin on competition policy

Alain Ronzano • N° 3-2020

On 18 June 2020, the own-initiative report by Stéphanie Yon-Courtin (Renew Europe, FR) on competition policy - Annual Report 2019 was adopted by the European Parliament, meeting in plenary session. It was adopted by 521 votes to 41, with 126 abstentions. This annual exercise - which is (...)

17 Jun 2020 R

Competition policy: The European Commission presents the White Paper on levelling the playing field as regards foreign subsidies and launches wide public consultation

Alain Ronzano • N° 3-2020

On 17 June 2020, the European Commission unveiled its White Paper on a level playing field for foreign subsidies.. Since this is a White Paper, the Commission is launching a public consultation via a questionnaire. for a period of 14 weeks, until September 23, 2020. The Commission’s objective (...)

2 Apr 2020 R

Impartiality: The French Administrative Supreme Court and the Douai Administrative Court of Appeal state that the principle of impartiality is not violated merely because a public procurement contract is awarded to a local semi-public owned company (SEML) and point out that the violation of the principle of impartiality by a public purchaser must be assessed in light of an in concreto analysis of the award procedure (Port autonome de Nouvelle-Calédonie, Cabre)

Grégory Marson • N° 3-2020 • pp. 181-183

Readers of the review are Concurrencesaware that the Conseil d’État considers "that among the general principles of law which are binding on the contracting authority, as on any administrative authority, is the principle of impartiality, the disregard of which constitutes a failure to comply with (...)

1 Apr 2020 R

COVID-19: The European Commission publishes guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis

Fabien Tesson • N° 3-2020 • pp. 175-176

The health crisis has been and will be an opportunity to observe the response of the public authorities, whether to act directly or to direct and guide actions, particularly economic ones. The European Union’s action in times of crisis has this dual dimension (see not. European Commission, 13 (...)

25 Mar 2020 R

COVID-19: The French Government sets up a solidarity fund for companies affected by the health crisis

Francesco Martucci • N° 2-2020 • pp. 209

Order No 2020-317 of 25 March 2020 created a solidarity fund for companies particularly affected by the economic, financial and social consequences of the spread of the covid19 epidemic and the measures taken to limit this spread. The Government has adopted a decree on the organization of this (...)

25 Mar 2020 R

COVID-19: The French Government introduces a derogatory right to public procurement law in order to adapt its provisions to the Covid-19 health crisis

Djamel Hadef • N° 3-2020 • pp. 177-181

As part of the declaration of the state of health emergency, the legislator authorized the government to legislate by ordinance to take economic emergency measures by a law of 23 March 2020 (Emergency Law No. 2020-290 to deal with the covid-19 epidemic). Article 11 1° f) of this law thus (...)

23 Mar 2020 R

COVID-19: The French Parliament empowers the French Government to allow the State guarantee liquidity loans granted to banks in the context of health crisis

Francesco Martucci • N° 2-2020 • pp. 207-208

By its Amending Finance Act, the legislature authorized the Government to grant a State guarantee for cash loans granted by credit institutions to companies in the context of the health crisis. The aim was to meet the financing needs of French companies whose business was suffering a sudden (...)

23 Mar 2020 R

COVID-19: The French Parliament authorises the French Government to extend the conditions for granting the State export guarantee

Francesco Martucci • N° 2-2020 • pp. 208-209

In its Amending Finance Act, the legislature authorised the Government to extend the conditions for granting the State guarantee granted in connection with reinsurance operations by companies authorised to carry on credit insurance operations in France for political and commercial export risks. (...)

12 Mar 2020 R

Entrepreneurial freedom: The French Constitutional Council holds that the issuing of commercial exploitation licenses by departmental commercial planning commissions, laid in Article L. 752-6 of the French Commercial Code, does not violate the French Constitution (Conseil national des centres commerciaux)

Jeremy Martinez • N° 2-2020 • pp. 212-213

The Constitutional Council was seized of the constitutionality of certain provisions of article L. 752-6 C. com . This article lays down the conditions under which the departmental commission for commercial development decides to issue a commercial development permit for projects contributing (...)

28 Feb 2020 R

Reform: The French Government partially follows the opinion of the French Competition Authority on the setting of regulated tariffs for certain legal professions

Alain Ronzano • N° 2-2020

On March 11, 2020, the Competition Authority published an opinion n° 20-A-03 of February 14, 2020 which it has delivered to the Minister for the Economy and Finance on the draft decree in the Council of State concerning the setting of regulated tariffs for certain legal professions Since the (...)

27 Feb 2020 R

Certification: The Paris Administrative Court of Appeal rules that the Chambers of Commerce and Industry may conduct actions to promote and commercialize electronic signature certificates provided by an an association (Support-RGS)

Francesco Martucci • N° 2-2020 • pp. 218-220

On February 27, 2020, the Paris Administrative Court of Appeal ruled that Chambers of Commerce and Industry (CCI) are entitled to promote and market electronic signature certificates offered by the ChamberSign association. In the present case, a company asked the administrative judge to annul (...)

26 Feb 2020 R

Exclusive right: The French Administrative Supreme Court rules that the exclusive right granted to the Health Digital Agency is compatible with Articles 102 and 106 of the Treaty on the Functioning of the European Union (Appligos)

Francesco Martucci • N° 2-2020 • pp. 217-218

In a ruling dated 26 February 2020, the Council of State dismissed the appeal brought against the refusal of the Minister of Solidarity and Health to repeal Decree No. 2015-1680 of 15 December 2015 on the programme to modernise the information and telecommunications systems of the emergency (...)

26 Feb 2020 R

Service concession: The French Administrative Supreme Court rules on the legality of a selection criterion for bids relating to a possible need of the granting authority (Commune de Saint-Julien-en-Genevois / JCDecaux)

Jean-Victor Maublanc • N° 3-2020 • pp. 186-187

The obligation imposed on the granting authority to define its needs prior to the award of the contract shall not preclude it from anticipating, to the extent possible, those that may arise during the performance of the contract. This is the essence of the order issued by the Conseil d’État on 26 (...)

21 Feb 2020 R

Reform: The French Government issue a decree on the limitation of fees and charges levied by the co-ownership trustees for the establishment of the statement dated at the time of the transfer of lots, without taking into account the French Competition Authority’s opinion

Alain Ronzano • N° 2-2020

On 4 March 2020, the Competition Authority publishedOpinion No. 20-A-01 of 14 January 2020. which it has returned to the government concerning a draft decree aimed at imposing on the syndics of co-ownership a dated state tariff ceiling, a document drawn up by the syndic informing the purchaser (...)

19 Feb 2020 R

Reform: The French Competition Authority publishes its contribution to the debate on the evolution of competition policy in the face of challenges posed by the digital economy

Alain Ronzano • N° 2-2020

On 21 February 2020, the Competition Authority published its contribution - which is bound to evolve - to the debate on competition policy and digital issues.This is in view of the discussions currently taking place at European Commission level and before the French Parliament. Recalling that (...)

14 Feb 2020 R

Regulated professions: The French Competition Authority publishes its opinion on a draft decree on the methods for setting the regulated tariffs for legal professions

Jean-Philippe Kovar • N° 2-2020 • pp. 221-223

Pursuant to Article L. 444-7 of the French Commercial Code, the Minister of the Economy and Finance asked the Competition Authority for an opinion on a draft decree of the Conseil d’État aimed at amending the rules relating to the setting of regulated tariffs for certain legal professions. The (...)

14 Feb 2020 R

Regulated professions: The French Competition Authority brings useful information on methods used by the French Government to set price caps

Jean-Philippe Kovar • N° 2-2020 • pp. 223-224

The Competition Authority was seized for an opinion on a draft decree aimed at capping the fees and charges levied by the syndics of co-ownership for the preparation of the dated statement on the occasion of the transfer for valuable consideration of one or more co-ownership lots. The dated (...)

31 Jan 2020 R

Entrepreneurial freedom: The French Constitutional Council holds that the ban of production and circulation of non-EU approved phytopharmaceutical products does not breach the constitutional entrepreneurial freedom (Union des industries de la protection des plantes)

Jeremy Martinez • N° 2-2020 • pp. 211-212

The priority question of constitutionality ("QPC") put to the Constitutional Court concerned paragraph IV of Article L. 253-8 of the Rural and Maritime Fishing Code. The latter prohibits, as of 1 January 2022, the production, storage and circulation of certain plant protection products (...)

29 Jan 2020 R

Essential facilities: Olivier Guersent, the new Director General of DG Competition at the European Commission, proposes to consider large digital platforms as essential facilities and to treat them as such

Alain Ronzano • N° 2-2020

On 29 January 2019, the Senate’s Economic Affairs Committee therefore heard Olivier Guersent, the new Director General of DG Competition at the European Commission.. The main point to remember from this hour and a half of discussion with the senators is the defence and illustration of the (...)

29 Jan 2020 R

Digitisation: The French Administrative Supreme Court rules that the regulatory framework of the dematerialised platform for justice experts does not breach the market law (CEACAP)

Francesco Martucci • N° 2-2020 • pp. 216-217

The Conseil d’État dismissed the action for abuse of power brought by the Compagnie des experts architectes près la cour d’appel de Paris (CEACAP) against the decree and the agreement of 18 April 2017 concluded between the Ministry of Justice and the Conseil national des compagnies d’experts de (...)

31 Dec 2019 R

Healthcare: The French Competition Authority wants to allow health professionals to promote their activities and skills and to communicate about their prices, as long as this does not amount to aggressive advertising

Alain Ronzano • N° 1-2020

On 15 June 2020, the Competition Authority published online an opinion n° 19-A-18 of 31 December 2019. drafted at the request of the Minister of the Economy, under the terms of which it expresses strong reservations on six draft decrees amending the codes of ethics of certain health professions (...)

24 Dec 2019 R

Public undertaking: The French Administrative Supreme Court specifies the conditions under which the State may be held liable for the unconstitutionality of the law for failure to respect entrepreneurial freedom (Paris Eiffel Suffren, Paris Clichy, M. Laillat)

Francesco Martucci • N° 2-2020 • pp. 214-216

On 24 December 2019, the Council of State enshrined the principle of State responsibility for the unconstitutionality of a law found to be unconstitutional on the basis of a priority question of constitutionality. However, in the present case, State liability was not incurred on the ground that (...)

20 Dec 2019 R

Administrative appeal: The French Administrative Supreme Court articulates the administrative appeal and the "Tropic" appeal and prohibits the authority in charge of procurement operations from modifying a tender (Communauté de communes de Sélestat)

Stéphanie Douteaud • N° 3-2020 • pp. 183-185

The judgment reported should be mentioned in the columns of this column in view of the many contributions it makes to the law on the award of public business contracts (as shown in its file in the Lebon Reports). The submission of an application for an ex gratia payment by the third party (...)

13 Dec 2019 R

Thresholds: The French Government raises the exemption thresholds for the public procurement procedure (Decree n° 2019-1344)

Fabien Tesson • N° 1-2020 • pp. 181-183

Governments are continuously raising the thresholds for exemption from the procedure for public procurement. This is the case with the decree of 12 December 2019 amending certain provisions of the public procurement code relating to thresholds and advances (No. 2019-1344, JORF No. 0289, 13 Dec. (...)

11 Dec 2019 R

Merger: The French Competition Authority considers that the acquisition of Toulouse-Blagnac Airport by the Eiffage group rules out any risk of harm to competition in public works markets (Toulouse-Blagnac Airport / Eiffage)

Jean-Philippe Kovar • N° 2-2020 • pp. 225-226

The Competition Authority was called upon to rule, under merger control, on the acquisition by the Eiffage group of the 49.99% stake held by Casil Europe in the capital of the concession company for Toulouse-Blagnac airport (ATB). In its competitive analysis, the Authority emphasises in (...)

2 Dec 2019 R

Regulated professions: The French Competition Authority issues two opinions on the freedom of establishment for bailiffs and judicial auctioneers

Jean-Philippe Kovar • N° 2-2020 • pp. 220-221

In accordance with Article L. 462-4-1 C. com., the Competition Authority is responsible for giving "to the Minister of Justice, who is the guarantor, an opinion on the freedom of establishment of notaries, bailiffs and auctioneers". In this opinion, the Authority ’shall make any recommendations (...)

26 Nov 2019 R

Competition policy: The Rapporteur of the Committee on Economic and Monetary Affairs Stéphanie Yon-Courtin urges the Commission to strengthen its competition policy on the effects of globalisation and on the digital sector

Alain Ronzano • N° 1-2020

On the publication of his draft report delivered on behalf of the Committee on Economic and Monetary Affairs of the European Parliament on the Annual Report on Competition Policy in the European Union, dated 26 November 2019, (Renaissance) Stéphanie Yon-Courtin MEP (Renaissance) urges the (...)

22 Nov 2019 R

Fundamental principles: The French Administrative Supreme Court specifies the scope of the fundamental principles of public procurement, as well as the consequences of their possible violation by the contracting authority (La Méridionale, Autocars Faure)

Arnaud Sée • N° 1-2020 • pp. 186-187

The fundamental principles of public procurement continue to be questioned. Their inclusion in the preliminary title of public procurement (Article L3 of the Public Procurement Code) has made it possible to specify their scope of application, which extends to contracts which are nevertheless (...)

22 Nov 2019 R

Public service mission: The French Competition Authority does not have jurisdiction to control access tariffs imposed by the Beauvais airport operator on bus operating companies (Fréthelle / SAGEB)

Jean-Philippe Kovar • N° 2-2020 • p. 225

Fréthelle, which provides passenger transport services by coach linking Beauvais-Tillé airport to various destinations, brought an action before the Competition Authority against the Société Aéroportuaire de gestion et d’exploitation de Beauvais (SAGEB), which manages Beauvais-Tillé airport, and in (...)

21 Nov 2019 R

Airport charges: The Court of Justice of the European Union specifies the legal framework of airports charges (Deutsche Lufthansa)

Francesco Martucci, Margot Godefroi, Anne Orgonasi • N° 2-2020 • pp. 205-207

By a judgment of 21 November 2019, the Court of Justice of the European Union clarified the procedure for the determination of airport charges established by Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJEU L 70, 14 March 2009, p. 11). (...)

7 Nov 2019 R

Electricity regulation: The French Constitutional Council holds that paragraphs III and IV of Article 62 of the Energy and Climate Act does not breach the constitutional entrepreneurial freedom (Law on Energy and Climate)

Jeremy Martinez • N° 2-2020 • pp. 209-211

The Constitutional Court was seized of the constitutionality of two paragraphs of Article 62 of the Energy and Climate Act adopted by Parliament on 26 September 2019 (Act No. 2019-1147 of 8 November 2019 on Energy and Climate). This law is in line with the will already affirmed by the (...)

24 Oct 2019 R

Public service contract: The Court of Justice of the European Union interprets the regulation on public passenger transport services by rail and road (PSO) in such a way as to favor the freedom of authorities intending to directly award a public service contract (Autorità Garante della Concorrenza e del Mercato)

Francesco Martucci • N° 2-2020 • pp. 204-205

In a judgment of 24 October 2019, the Court of Justice of the European Union interpreted the PSO Regulation (Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road) to leave freedom to competent (...)

17 Oct 2019 R

State control: The French Government specifies the modalities for the application of State control over a privatized company (Française des jeux)

Francesco Martucci • N° 2-2020 • p. 208

In a decree dated October 17, 2019, the Government specified the terms and conditions for the application of State control over La Française des Jeux. It should be recalled that the Covenant Act provided for the privatization of this company by authorizing the transfer to the private sector of (...)

10 Oct 2019 R

Jurisdiction: The Paris Court of Appeal confirms the French Competition Authority’s lack of jurisdiction to hear practices implemented by the Limoges Bar Association when exercising public power (AGN Avocats / L’ordre des avocats au barreau de Limoges)

Alain Ronzano • N° 1-2020

On 10 October 2019, Chamber 5-7 of the Paris Court of Appeal delivered a judgment in one of the cases concerning practices implemented by certain bar associations, namely. In this case, the Court ruled on the action brought by AGN Avocats against Decision No. 18-D-18 dated 20 September 2018.. (...)

9 Oct 2019 R

Privatisation: The French Administrative Supreme Court considers legal the privatisation of the Toulouse-Blagnac Airport (French Ministry for the Economy and Finance, Casil Europe / M. Arrou)

Jean-Philippe Kovar • N° 2-2020 • pp. 213-214

The management of Toulouse-Blagnac airport, which is the third largest regional airport in France with more than 9 million passengers a year, was long granted by the State to the Toulouse Chamber of Commerce and Industry (CCI) and in 2007 was entrusted to ATB, whose capital was then entirely (...)

3 Oct 2019 R

Bidding ban regime: The Court of Justice of the European Union specifies the option available to any contracting authority to exclude a tenderer (Delta Antreprizà de Constructti si Montaj 93)

Stéphanie Douteaud • N° 1-2020 • pp. 183-184

A Romanian public company (CNAIR) initiated an open procedure for the award of a public works contract for the widening of a road. A temporary association of companies (ATE) submitted a bid. When CNAIR queried the electronic register supplied by the contracting authorities, it learned that the (...)

3 Oct 2019 R

In-house exception: The Court of Justice of the European Union specifies the in-house exception (Kauno miesto savivaldybė)

Fabien Tesson • N° 1-2020 • p. 185

According to Article 12 of Directive 2014/24 of 26 February 2014 on the award of public contracts (OJ L 94, 28 March 2014, p. 65) on in-house situations, a ’public contract awarded by a contracting authority to a legal person governed by private or public law does not fall within the scope of (...)

30 Sep 2019 R

Public Service mission: The French Competition Authority recalls that it has jurisdiction to fine anti-competitive practices implemented by a professional order outside the scope of its public service mission (Architectural services)

Jean-Philippe Kovar • N° 2-2020 • pp. 224-225

The Competition Authority, which took up the matter ex officio following a report from the DGCCRF, sanctioned the Ordre des architectes and several architects or architectural firms for having infringed Articles 101 TFEU and L. 420-1 C. com. by implementing decisions of associations of (...)

12 Sep 2019 R

Public domain: The Ministry of the Interior - wrongly? – comforts the fairgrounds by specifying that the authorisation to occupy the public domain issued for a period of less than four months avoids, in principle the tendering procedure (Réponse ministérielle n° 10392)

Stéphanie Douteaud • N° 1-2020 • pp. 188-189

The Corrèze senator D. Chasseing alerted the government to the uncertainties that competitive bidding for titles of state occupation is creating for fairground activities. In a question sent on 16 May, he called for the opening of a permanent dialogue between professionals in the sector and the (...)

15 Jul 2019 R

Competition policy: The European Commission publishes its annual report on competition policy for 2018

Alain Ronzano • N° 4-2019

On 15 July 2019, the European Commission published the Annual Report on Competition Policy for 2018. No foreword by Commissioner Vestager at the moment, no press release. Just a tweet... As in previous years, the 2019 issue is presented in the form of a relatively concise 33-page main (...)

11 Jul 2019 R

Effect on competition: The French Competition Authority delivers an opinion on the effects on competition of the extension of sector specific agreements

Alain Ronzano • N° 4-2019

Since the 2017 labour law reform, a group of experts has been responsible for assessing the economic and social effects likely to result from the extension of branch agreements concluded between employers’ and employees’ organizations and intended to regulate labour relations (L. 2261-27-1 of the (...)

11 Jul 2019 R

Sectoral agreements:The French Competition Authority issues an opinion regarding the competitive effects of sectoral agreements’ extension and proposes a method to assess the impact on competition (Competitive effects of industry-wide agreements’ extension)

Jean-Philippe Kovar • N° 4-2019 • pp. 193-194

At the request of the Government, the Competition Authority, as part of its advisory function, has been called upon to examine the risks to competition that the extension of branch agreements by the administrative authority may represent. The opinion delivered by the Authority shows the (...)

10 Jul 2019 R

Air transport: The Court of Justice of the European Union rules that the two European compensation regimes in case of annulment of a flight forming part of a package tour are not cumulative (Aegean Airlines)

Stéphane Rodrigues • N° 4-2019 • p. 187

Reference for a preliminary ruling by a Netherlands court in a dispute between the applicants and the air transport company Aegean Airlines concerning the reimbursement of airline tickets which they sought following the cancellation of a flight forming part of a package tour, the Court of (...)

9 Jul 2019 R

Annual report: The French Competition Authority presents its annual report for 2018 to the press

Alain Ronzano • N° 4-2019

On 9 July 2019, President Isabelle de Silva presented the annual activity report of the Competition Authority to the press.This is the tenth since the institution’s creation. 2018 was marked by strong merger control activity with no less than 235 clearance decisions. On the sanctions side, in (...)

5 Jul 2019 R

Market access: The French Supreme Administrative Court annuls a decree implementing an access restriction to the taxi and mini-cab profession (Fédération française du transport de personnes sur réservation)

Francesco Martucci, Simon Bohbot, bpeyrebrune@neuf.fr, Hubert Pontnau • N° 4-2019 • pp. 190-191

In a ruling dated 5 July 2019, the Council of State annulled Decree No. 2017-483 of 6 April 2017 on special public passenger transport activities and updating various provisions of the C. trans.... It considered that the Government had failed to enact the provisions necessary to ensure that the (...)

4 Jul 2019 R

Competition policy: The Polish, German and French Economic Ministers make concrete proposals for reforming European competition policy

Alain Ronzano • N° 4-2019

The Germans and the French, who, following the ban on the Siemens/Alstom merger, had launched a campaign to adapt the European framework for state aid and competition, managed to rally the Poles to their cause. Meeting on 4 July 2019 at Poznań in Poland, the Polish, German and French economy (...)

4 Jul 2019 R

Competition policy: The French Competition Authority makes 19 recommendations to reduce substantial price differences between French overseas and metropolitan France, in particular by developing e-commerce, and charges back to the structural injunction (Functioning of competition in French overseas)

Alain Ronzano • N° 4-2019

On 4 July 2019, Isabelle De Silva, President of the Competition Authority, presented Annick Girardin, Minister for Overseas France, and Agnès Pannier-Runacher, Secretary of State to the Minister for the Economy, withNotice No. 19-A-12 on the functioning of competition in Overseas France.. Drawn (...)

4 Jul 2019 R

Overseas territories: The French Competition Authority delivers a general diagnosis of competition in the French overseas territories and recommends strengthening its powers (Competition process in the French overseas territories)

Jean-Philippe Kovar • N° 4-2019 • pp. 191-193

The French Competition Authority was consulted by the Government on the functioning of competition in the import and distribution of consumer products in the French overseas departments and regions (DROMs), and delivered the results of its analyses on 12 July 2019. As highlighted in the press (...)

19 Jun 2019 R

Social economy: The European Economic and Social Committee adopts two stimulating own-initiative opinions pleading, first, for “an appropriate European legal framework for social economy enterprises’, and, secondly, for “better implementation of the Social Pillar, promoting essential services”

Stéphane Rodrigues • N° 4-2019 • pp. 185-186

At its plenary session of 19 June 2019, the European Economic and Social Committee (EESC) adopted two particularly interesting own-initiative opinions, both of which contribute in some way) to the reflection on the concept of the social market economy referred to in Article 3(3) of the Treaty (...)

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