Search results - Concurrences

16 Sep 2020 R

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

Alain Ronzano • N° 4-2020

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 (...)

16 Sep 2020 R

Public transport: The French Competition Authority issues several recommendations concerning the opening up of Ile-de-France bus networks to competition (Ile-de-France Mobilités)

Jean-Philippe Kovar • N° 4-2020 • pp. 240-243

On 16 September 2020, the Competition Authority issued an opinion on the opening to competition of the public passenger bus transport sector in Ile-de-France, at the request of Ile-de-France Mobilités ("IDFM"). As the sole organising authority for transport in Ile-de-France, IDFM, which (...)

2 Sep 2020 R

Jurisdiction: The French Competition Authority declares itself incompetent to review certain practices allegedly committed by a departmental council of the Order of Physicians

Jean-Philippe Kovar • N° 4-2020 • p. 244

Optical Center, a company specialising in the distribution of optical products that operates a network of approximately 550 stores in France, mainly under franchise, created in 2016 a laser surgery centre in downtown Lyon, on the first floor of a building on the ground floor of which is located (...)

29 Jul 2020 R

Regulated professions: The French Competition Authority will develop new proposals for maps of the location of bailiffs and auctioneers to take into account the effects of the health crisis

Jean-Philippe Kovar • N° 4-2020 • pp. 244-245

On 22 July 2020, the Government asked the Competition Authority for two new proposals for maps of the areas where bailiffs and auctioneers are located, in order to take into account the health crisis and its impact on the economic activity of these two professions, which are expected to merge (...)

13 Jul 2020 R

COVID-19: The French Supreme Administrative Court rejects several referrals in the context of the COVID-19 crisis, confirming the importance of the objective of public health in relation to economic freedoms

Aurore Laget-Annamayer • N° 4-2020 • pp. 236-237

In recent months, the Council of State has been seized of several summary proceedings aimed at suspending decrees adopted on the basis of the provisions of Act No. 2020-290 of 23 March 2020 declaring a state of health emergency from 24 March 2020 to deal with the Covid-19 epidemic and for a (...)

10 Jul 2020 R

SGEI: The French Supreme Administrative Court considers that the exclusive rights granted to two electricity distributors are compatible with European Union law (Enedis and EDF)

Aurore Laget-Annamayer • N° 4-2020 • pp. 233-235

In a judgment dated 10 July 2020, the Council of State ruled that exclusive rights to distribute electricity and supply at regulated sales tariffs are compatible with European Union law. It therefore accepted the absence of competitive tendering for distribution concession contracts and their (...)

2 Jul 2020 R

Public undertaking: The French Competition Authority notes that the intensity of competition in the market for the delegated management of heating networks is relative insofar as two players occupy a special place and notes the existence of barriers to entry

Jean-Philippe Kovar • N° 4-2020 • pp. 239-240

The annotated opinion was issued by the Competition Authority at the request of the Minister for the Economy and Finance as part of the exemption procedure provided for in Articles 34 and 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on the award (...)

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 (...)

11 May 2020 R

State of emergency: The Constitutional Council considers that by adopting the law extending the state of health emergency, the legislator has achieved a balanced reconciliation between the constitutional requirements of public health protection and entrepreneurial freedom

Jeremy Martinez • N° 4-2020 • pp. 232-233

The adoption of Act No. 2020-546 of 11 May 2020 extending the state of health emergency and supplementing its provisions introduced exceptional arrangements for placement and maintenance in solitary confinement. Among the provisions of this Act, article 3 gave the Prime Minister the power, in (...)

7 May 2020 R

Commercial leases: The Constitutional Council considers that the last paragraph of article L. 145-34 C. com. is not incompatible with the right of ownership even though it may require the lessor not to renew a lease for the rental value of the property (A.D-Trezel)

Jeremy Martinez • N° 4-2020 • pp. 231-232

The legal regime governing the determination of the lease rent is based on a principle of freedom: the co-contracting parties (the lessee and the lessor) set the price by mutual agreement. However, this principle of freedom must not result in jeopardizing the commercial activities carried out (...)

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 (...)

26 Mar 2020 R

Foreign direct investment: The European Commission and the French Minister of the Economy specify the implementation of the foreign direct investment filtering framework in times of health crisis

Francesco Martucci, Filippo Barzagli • N° 4-2020 • pp. 226-228

On 26 March 2020, the European Commission published a Communication on "Guidance for Member States on foreign direct investment and the free movement of capital from third countries and the protection of European strategic assets, with a view to the application ofRegulation (EU) 2019/452", (...)

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. (...)

19 Mar 2020 R

Public service contract: The Court of Justice of the European Union interprets Article 8 of Regulation 1370/2007 in order to determine the date on which the maximum duration of public service contracts begins to run (Compañía de Tranvías de La Coruña)

Francesco Martucci, Sonia Holzmann • N° 4-2020 • pp. 228-229

By judgment of 19 March 2020, the Court of Justice of the European Union clarified the interpretation of Article 8 of 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 and repealing Council (...)

18 Mar 2020 R

Principle of equality: The French Supreme Administrative Court considers that the decree of March 9, 1966 setting the fee rates for dental surgeons who have not signed a convention at a different level from that of practitioners covered by the convention does not violate the principle of equality (CCDELI38 Support)

Aurore Laget-Annamayer • N° 4-2020 • p. 237

The Conseil d’État was called upon to rule on the legality of a decree of 9 March 1966 setting the rates of fees for medical practitioners and medical auxiliaries applicable in the absence of an agreement, for care provided to socially insured persons. In principle, the tariffs of these (...)

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 (...)

12 Mar 2020 R

Freedom to undertake: The Constitutional Council considers that the e) of 1° of paragraph I, and certain provisions of paragraph III and paragraph IV of article L. 752-6 C. com. relating to the criteria on which the departmental commission of commercial development is based to deliver a preliminary administrative authorization, do not disregard the freedom to undertake (Conseil national des centres commerciaux)

Jeremy Martinez • N° 4-2020 • pp. 229-231

NB: This decision has been the subject of a "to be noted" in an issue 2020-2. In view of the interest of this decision, it seemed appropriate to devote a more important comment to it. The administrative authorizations prior to the exploitation of commercial and artisanal activities appeared (...)

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 (...)

31 Dec 2019 R

Healthcare professions: The French Competition Authority recommends that the Government significantly relax restrictions on healthcare professionals’ advertising of their activities

Jean-Philippe Kovar • N° 4-2020 • pp. 238-239

The Minister of the Economy and Finance submitted to the Competition Authority for consultation six draft decrees on codes of ethics for the medical (doctors and dental surgeons) and paramedical (midwives, nurses, masseur-physiotherapists and chiropodists) professions. The Authority belatedly (...)

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 (...)

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