Bruno Lasserre (French Competition Authority): The new French Competition Authority

INSTITUTIONAL

1.Could you start by recalling the main changes in terms of the powers of the President and the College? What do you expect from these changes?

2.The reform renders obsolete the Cooperation Charter concluded between the DGCCRF and the Competition Council in 2005. Do you envisage the conclusion of a new Charter taking into account the institutional organisation?

3.This reform substantially strengthens the role and powers of the General Rapporteur. How will relations between the College and the Rapporteur General and the departments under his authority be structured?

4.Within the College which is receiving the reinforcement of a new Vice-President, do you envisage a new distribution of functions or a specialization of functions?

5.What role do you intend the Hearing Officer to play? What will be his or her position within the institution? Can he be compared to the Hearing Officer of DG COMP?

6.Do you think that the new division of powers within the Authority between the College and the Reporter General and the introduction of an Audit Adviser offer the guarantees expected by companies and their advisers with regard to the separation of the investigation department and the College?

7.In your opinion, will the Authority’s new organisation and the increase in its resources enable it to remedy the difficulties posed by the mobility of training staff?

8.What is the budget of the new Authority? What was the last budget of the Competition Council? And what is the increase in operating costs to be expected?

CONCENTRATIONS AND ANTI-COMPETITIVE PRACTICES

9.What is the Authority’s position on the date of entry into force of the new investigation and merger provisions? Is there a risk of litigation in this respect?

10.Could you describe the organisation you intend to put in place for merger control, both at the level of the departments and the College?

11.Will the Authority take over the DGCCRF’s Merger Guidelines or publish new ones? And if so, within what timeframe?

12.Is the current crisis period likely to give greater importance to the specific powers available to the Minister, particularly with regard to job protection, competitiveness or industrial development?

13.How do you see the articulation of competences with the DGCCRF with regard to merger control?

14.How does the Authority intend to articulate its investigative powers with those of the Minister? In particular, how does it intend to apply the provisions that enable it to take the lead in or take charge of investigations initiated by the Minister’s departments?

POLICY

15.The College now has the possibility of giving an opinion on any competition issue, but it has lost the possibility of taking up an ex officio case, as a proposal from the Reporter General is now required. How can it be ensured that such a situation does not lead to differences?

16.What is the place of economic analysis in the new structure? (importance of the economic service, training of rapporteurs...)

17.Is the power to give an own-initiative opinion on any competition issue likely to give the Authority a pro-active approach such as identifying sensitive sectors or launching sector inquiries?

18.In view of its new powers conferring greater latitude in terms of opinions - to which is added the power to take up cases ex officio - does the Authority intend to pursue a genuine competition policy? Will it be made public in the same way as other competition authorities? If so, could you already indicate what the Authority’s main projects are? Do you see the Authority moving towards a situation similar to that of the European Commission or the Department of Justice?

19.The reform left aside the question of the articulation of competences with sector regulators. The Competition Council has recently expressed its disapproval of the fact that it has embarked on a sectoral regulatory policy. What do you think distinguishes a sectoral regulatory policy from a competition policy?

20.What are your criminal policy intentions? What do you expect from the current reform? Does the Competition Authority intend to adapt its action to the current economic crisis?

Interview conducted by Christophe LemairePartner Ashurst, Associate Professor, University paris 1 Panthéon-Sorbonne and Alain RonsanoEditor "L’actu-concurrence", Paris.