The practice of the French Competition Authority in the field of vertical restrictions

This paper summarises the practice of the French Competition Authority (FCA) at the end of 2010 in the field of vertical restrictions. In the field of distribution, broadly speaking, the French practice follows of course the EU rules. However, as many cases are treated at the national level, the experience of the FCA is broader and richer than the Commission’s one. The main examples concern the development of a specific standard of proof for RPM, the treatment of restraints in Internet sales and the cumulative effect of exclusivities in the field of new technology. Furthermore, the French example illustrates the difficulties to deal with the specific issues of buying power. The FCA has decided to develop its advisory role and has just delivered very important opinions in this field.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The author expresses herself/himself in a purely personal capacity and cannot commit the institution to which she/he belongs. 1. An overview of the French Competition [1] Authority's practice in the field of vertical restraints is of particular interest. As recently as recently, on the occasion of a special issue of the journal of the European Competition Network devoted to a presentation of the activities of the Network and its members, President Lasserre insisted on the fact that most cases relating to vertical agreements had been dealt with at the national [2]level, particularly in France. Moreover, it is probably not neutral to note that of the three

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  • University Paris II Panthéon‑Assas

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Laurence Idot, The practice of the French Competition Authority in the field of vertical restrictions, December 2010, Concurrences N° 4-2010, Art. N° 52909, www.concurrences.com

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