French merger regime: Assesment (2001-2006) and perspectives

The French merger control regulation, as modified by the New Economic Regulation Act, is now five years old. The procedure of merger control is getting into its stride. The publication of Merger Guidelines by the Directorate for Competition Policy, Consumer Affairs and Fraud Control («DGCCRF») last year contributed to increase transparency of the system. The Guidelines will be updated on a regular basis. The case history is filling out, supplied by notifications examined by the DGCCRF and opinions given by the French Competition Council - 6 cases were referred since the beginning of 2005.

The merger control in France should now complete its modernisation, taking into account the need for legal certainty for merging firms and the strengthening of economic analysis in merger cases. Within that framework, several propositions of reform, such as improving relations with third parties and review periods, will soon be examined together with competition specialists in France.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Review and prospects for French merger control [1] Guillaume CERUTTI, Director General for Competition, Consumer Affairs and Fraud Control (DGCCRF) 1. A few weeks ago, we reached the five-year milestone of the entry into force of the New Economic Regulations Act of 15 May 2001, which profoundly modernised merger control in France. This year 2006 also marks the twentieth anniversary of the 1986 ordinance on freedom of prices and competition, an important date for both the Competition Council and the DGCCRF, particularly in the area of mergers. Indeed, 1986 and 2001 mark, along with 1977, the three main milestones in the history of merger control in

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Guillaume Cerutti, French merger regime: Assesment (2001-2006) and perspectives, September 2006, Concurrences N° 3-2006, Art. N° 1527, pp. 50-60

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