Autorité de la concurrence (Paris)

French Competition Authority

Autorité de la concurrence (Paris)

The Law on the modernisation of the economy (LME), passed on 4th August 2008, transformed the Conseil de la concurrence into a new Autorité de la concurrence, the Competition Authority. This reform shows a firm political determination : to endow a single agency with strengthened power and means will improve its efficiency for the benefit of businesses and consumers. Like in other European countries, the French Competition Authority will, from now on, in a modern and consolidated way, carry out all activities of competition regulation (inquiries, antitrust activities, merger control, publication of opinions and recommendations). The Authority’s investigation services will now handle both preliminary inquiries and full investigations, which had been previously split between two different organizations (the DGCCRF and the Conseil de la concurrence). Entrusting both procedures to a single body will result in important benefits in terms of quality, efficiency and effectiveness during the phase of investigation and analysis of cases. Moreover, the Authority is now responsible for merger control. It will assess the competition implications of the mergers, taking into account the possible efficiency gains. The executive power may, nonetheless, have the final say in the situations where the country’s fundamental interests are at stake.

Articles

302204 Bulletin

French Competition Authority The French Competition Authority welcomes the decisive step towards transposition of the ECN+ Directive taken by Parliament with the adoption of the DDADUE bill containing various provisions adapting to EU law in the economic and financial field

19

The Autorité de la concurrence welcomes the decisive step towards transposition of the ECN+ Directive taken by Parliament on Wednesday with the adoption of the DDADUE bill* The adoption by Parliament on Wednesday 18 November 2020 of the DDADUE bill (a bill containing various provisions adapting (...)

French Competition Authority The French Competition Authority fines 6 councils and 2 trade union federations of dental surgeons for boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)

31

Dental care networks : the National Council and five departmental councils of the College of Dental Surgeons and two trade union federations fined for boycott* The Autorité de la concurrence hands out fines worth €4 million to the National Council and five departmental councils of the College (...)

French Competition Authority The French Competition Authority fines a champagne company and two importer-distributors for maintaining exclusive import agreements in the French Antilles (Nicolas Feuillatte / Financière Martin / Distillerie Dillon)

101

Nicolas Feuillatte champagne and two importer-distributors fined for having maintained exclusive import agreements in the French Antilles* Background Following a report sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité (...)

French Competition Authority The French Competition Authority considers gaming console’s commitments inadequate to address competition concerns and returns case for investigation (Sony)

127

Playstation : the Autorité considers that the commitments proposed by Sony do not adequately address the identified competition concerns. The case is returned for investigation* As part of a litigation procedure before the Autorité de la concurrence, Sony had proposed commitments to address the (...)

French Competition Authority The French Competition Authority accepts commitments proposed by food retailers to amend the existing cooperation agreements on retailers’ own-brand labels (Casino / Auchan / Metro / Schiever)

141

Purchasing offices : the Autorité accepts the commitments proposed by Casino, Auchan, Metro and Schiever* Purchasing offices : to address the risks of harm to upstream and downstream competition identified in the process of requesting urgent interim measures, the Autorité accepts the (...)

French Competition Authority The French Competition Authority consults on commitments offered by two supermarket groups on the scope of their cooperation on own-brand labels (Carrefour / Tesco)

121

Purchasing offices : Carrefour and Tesco propose commitments* Following its investigation into the joint purchasing agreement signed by Carrefour and Tesco, the Autorité de la concurrence received commitment proposals from the two groups redefining the scope of their cooperation on own-brand (...)

French Competition Authority The French Competition Authority clears, subject to the conditions of divesting agencies and fleets, the acquisition in the sector for the rental of refrigerated and non-refrigerated industrial goods vehicles (Fraikin / Via Location)

79

The Autorité de la concurrence clears, subject to the conditions of divesting agencies and fleets, the acquisition of the group Via Location by the group Fraikin* On 3 June 2020, the group Fraikin notified the Autorité of a plan to acquire full control of the company Via Location. The parties (...)

French Competition Authority The French Competition Authority clears, subject to conditions, the acquisition of a public development bank (Caisse des Dépôts et Consignations / Société de Financement Local)

131

The Autorité clears, subject to conditions, the acquisition of Société de Financement Local by Caisse des Dépôts et Consignations* On 24 July 2020, the Caisse des Dépôts et Consignations (CDC) notified the Autorité de la Concurrence of its plans to acquire Société de Financement Local (SFIL). The (...)

French Competition Authority The French Competition Authority sanctions three professional organisations for anticompetitive practices in the wine sector (AVA / GPNVA / CIVA)

169

Alsace wines : The Autorité sanctions three professional organisations for anticompetitive practices* Following evidence and documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité sanctioned two trade associations, the (...)

French Competition Authority The French Competition Authority issues an opinion on the competitive bidding process of middle and outer rings of Greater Paris bus lines (Île-de-France Mobilités)

115

Opening up bus networks in Ile-de-France to competition : the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also known (...)

French Competition Authority The French Competition Authority welcomes the announcement of the EU Commission regarding the referral of sensitive mergers to the Commission, including when they are not subject to national merger control

143

The Autorité welcomes the announcement by the European Commission, which will henceforth allow national competition authorities to refer sensitive merger transactions to it for examination, including when they are not subject to national merger control* This new approach, which was announced by (...)

French Competition Authority The French Competition Authority blocks a merger for the first time ever, due to absence of remedies capable of addressing the competition concerns identified (Soditroy / Association des Centres Distributeurs E. Leclerc / Géant Casino)

157

For the first time ever, the Autorité de la concurrence blocks a merger* Soditroy and the Association des Centres Distributeurs E. Leclerc were planning to acquire joint control of a Géant Casino hypermarket in the conurbation of Troyes. This merger raised serious competition concerns relating (...)

French Competition Authority The French Competition Authority launches a market consultation to assess the proposal of a company in the toy retail sector to modify its pricing policy (Lego)

288

Lego proposes commitments to the Autorité to modify its pricing policy* The Autorité launches a market consultation to assess this proposal. Cdiscount and EMC Distribution (Casino Group’s reference listing offices) lodged a complaint with the Autorité de la concurrence regarding practices (...)

French Competition Authority The French Competition Authority develops new map proposals for the establishment of court bailiffs and judicial auctioneers taking into account the impact of the COVID-19 pandemic

179

The Autorité de la concurrence will develop new map proposals for the establishment of court bailiffs and judicial auctioneers* Its new recommendations will take account the short-, medium- and long-term impact of the Covid-19 pandemic on the activity of these two professions. Background In (...)

French Competition Authority The French Competition Authority clears an acquisition in the alcohol-free soft drink production and bottling markets (Refresh / Fruité company)

120

The Autorité de la concurrence clears the sole control acquisition of the assets of the Fruité company and its subsidiaries Unisource and Bric Fruit by Refresco (Saint Alban and Sun)* On 10 June 2020, Refresco France notified the Autorité de la concurrence of its plan to acquire sole control of (...)

French Competition Authority The French Competition Authority clears without conditions the acquisition of sole control in producer of metal parts for luxury companies by major luxury group (J3L / Hermès Group)

142

The Autorité de la concurrence clears the acquisition of sole control of J3L by the Hermès group* The Hermès group notified the Autorité de la concurrence of its plan to acquire sole control of the J3L company. After examining the effects of the transaction, the Autorité has cleared it without (...)

French Competition Authority The French Competition Authority clarifies that deploying one company’s retail spaces within another company’s stores does not constitute a merger (Fnac-Darty / Carrefour)

165

The project to deploy Darty spaces within Carrefour hypermarkets does not constitute a merger and therefore does not have to be submitted to mandatory clearance by the Autorité de la concurrence* On 22 May 2020, Fnac-Darty notified the Autorité de la concurrence of its plan to deploy sales (...)

French Competition Authority The International Competition Network presents a scoping paper on big data and cartels analyzing the impact of digitalization in cartel enforcement

135

The International Competition Network presents a scoping paper on “Big Data and Cartels” analyzing the impact of digitalization in cartel enforcement* What does digitalization change in cartel enforcement ? Over the past few years, there has been a wide debate about the new digital dimension of (...)

French Competition Authority The French Competition Authority examines commitment proposals relating to agreements concluded between food retailers in the agricultural sector (Casino / Auchan / Metro / Schiever)

147

Purchasing Offices : The Autorité Examines Commitment Proposals* The Autorité de la concurrence launched several inquiries to examine the joint purchasing agreements in the food retail sector. It has received proposals for commitments relating to the agreements concluded between Casino, Auchan, (...)

French Competition Authority The EU Commission refers to the French Competition Authority a takeover case of 567 French-owned hard discount stores by one of Europe’s main hard discount groups as per request of the acquisition parties (Leader Price / Aldi)

164

The European Commission refers to the Autorité de la concurrence the takeover transaction of 567 Leader Price stores by Aldi* A few months after Aldi announced the takeover of Leader Price stores, the parties concluded, in March, a promise to purchase for 567 Leader Price stores and 3 (...)

French Competition Authority The French Competition Authority launches public consultation on the freedom of establishment of notaries that will account for effects of the COVID-19 pandemic on the activity of notaries

248

New opinion on the freedom of establishment of notaries : the Autorité launches a consultation* The Autorité de la Concurrence launches a public consultation with a view to preparing a new opinion on the freedom of establishment of notaries and proposing a revision of the map that was published (...)

French Competition Authority The French Competition Authority clears merger in food retail sector in La Réunion after in-depth investigation, subject to conditions (Vindémia / Groupe Bernard Hayot)

184

Food retail sector in La Réunion : the Autorité de la concurrence clears the acquisition of Vindémia by Groupe Bernard Hayot, subject to conditions* On 24 January 2020, Groupe Bernard Hayot (GBH) notified the Autorité de la concurrence of its acquisition of sole control of Vindémia Group, which (...)

French Competition Authority The French Competition Authority announces reinstatement of certain statutory limits as first measures of the gradual lifting of the state of health emergency in France due to COVID-19

342

Gradual lifting of the state of health emergency in France : re-instating statutory time limits* The time limits applying to various procedures have been suspended since 12 March 2020, the date on which the health emergency period started in France. Order No. 2020-560 of 13 May 2020 setting (...)

French Competition Authority The French Competition Authority clears the acquisition of certain jet manufacturer’s assets by aerospace components manufacturer (Short Brothers / Bombardier / Spirit)

141

The Autorité de la concurrence clears the acquisition of Bombardier assets by Spirit* The Spirit group notified the Autorité de la concurrence of its plans to acquire sole control of the companies Short Brothers plc. and Bombardier North Africa SAS, as well as certain assets belonging to (...)

French Competition Authority The French Competition Authority reinstates deadlines for responding to statements of objections and reports which were suspended due to the COVID-19 outbreak

217

Reinstatement of deadlines for responding to statements of objections and reports* In a press release dated 27 March 2020, the Autorité de la concurrence stated that “the two-month period available to companies to submit, in application of Article L. 463-2 of the French Commercial Code, their (...)

French Competition Authority The French Competition Authority dismisses TV distribution platform’s allegations of collusion between 2 TV channel owners due to lack of evidence (Molotov / TF1 / M6)

162

The Autorité de la concurrence dismisses Molotov’s complaint concerning the practices of TF1 and M6 for lack of evidence* Molotov is a television channel distribution platform which aggregates and streams French audiovisual programmes over the top (OTT), i.e. via the Internet. The application (...)

French Competition Authority The French Competition Authority clears without commitments a multidisciplinary healthcare group’s takeover of a mental health services group (Orpea group / Sinoué group)

101

The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group* On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group. Parties to the transaction The Orpea (...)

French Competition Authority The French Competition Authority clarifies the options of a professional association for dealing with its members’ rent during the COVID-19 pandemic (Rassemblement des Opticiens de France)

338

The Autorité clarifies the options of a professional association for dealing with its members’ rent during the COVID-19 pandemic* In brief A professional association representing opticians (Rassemblement des Opticiens de France, hereinafter “ROF”) contacted the Autorité because it seeks to aid (...)

French Competition Authority The French Competition Authority imposes interim measures against a research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)

92

Neighbouring rights : the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

French Competition Authority The French Competition Authority fines gambling company for not complying with commitment to separate the betting pools of its physical outlets and its website (Betclic / PMU)

25

The Autorité de la concurrence fines PMU for not complying with its commitment to separate the betting pools of its physical outlets and its website* Background Online gaming companies Betclic and Zeturf have referred practices by PMU in the online horse betting sector to the Autorité de la (...)

French Competition Authority The French Competition Authority closes investigation into exclusive imports practices in the medical equipment sector in French Guiana and French West Indies

344

Respiratory assistance equipment in French Guiana and the French West Indies : investigation closed for exclusive imports* The Autorité closes an initial investigation into exclusive import practices in the medical equipment sector intended for hospitals in French Guiana and the French West (...)

French Competition Authority The French Competition Authority fines five companies in La Réunion for engaging in concerted practices in the home removals market (AGS Réunion / DEM Austral / T2M / A.T. Océan Indien / Transdem)

79

Home Removals : the Autorité de la concurrence fines five companies in La Réunion for engaging in concerted practices.* Background Following a report by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation, the Autorité hands out fines (...)

French Competition Authority The French Competition Authority encourages the delay of new mergers, requires electronic submission, and extends processing times as special measures due to COVID-19

305

Adaptation of merger control procedures due to Coronavirus COVID-19* Given the health situation in France, the Autorité de la concurrence is forced to put in place extensive preventive measures. The services of the Autorité are working remotely since 17 March 2020. Time limits for processing (...)

French Competition Authority The French Competition Authority fines a big tech company for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its premium independent distributors (Apple / Tech Data / Ingram Micro)

198

Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

French Competition Authority The French Competition Authority launches a public consultation to prepare a new opinion on the freedom of establishment of lawyers at the French State Council and the National Supreme Court

139

Public consultation - Lawyers at the Conseil d’État (French Administrative Supreme Court) and the Cour de Cassation (French Supreme Court)* The Autorité de la concurrence has launched a public consultation with a view to preparing a new opinion on the freedom of establishment of these (...)

French Competition Authority The French Competition Authority clears a merger subject to a structural remedy in the bakery market in La Réunion (Pain Frotté /Kin Siong / Lam Tow / Yong Wai Man)

132

The Autorité de la concurrence clears, subject to conditions, the takeover, in La Réunion, of the bakery group Pain Frotté by the groups Kin Siong, Lam Tow and Yong Wai Man* The Pain Frotté group operates artisanal bakeries in La Réunion under the trade names “L’Ambassadeur”, “Délicatesses Casta” (...)

French Competition Authority The French Competition Authority fines a company for non-compliance with commitments in the funeral insurance market in La Réunion (Mutualité de la Réunion)

256

The Autorité de la concurrence has fined La Mutualité de la Réunion for non-compliance with commitments* In brief The Autorité has imposed a fine of €200,000 on La Mutualité de la Réunion (MR) for failing to comply with part of the commitments it had entered into before the Autorité that aimed to (...)

French Competition Authority The French Competition Authority rejects a request for interim measures against a dominant telecom company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)

279

Orange activated fibre offer : the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. (...)

French Competition Authority The French Competition Authority approves the creation of a public bank insurer (La Banque Postal / CNP Assurances / Caisse des dépôts et consignations)

33

The Autorité de la concurrence gives its approval to the creation of a public bank insurer in France* By a decision issued on 30 December 2019, the Autorité de la concurrence authorizes, on the one hand, La Banque Postale to take control over CNP Assurances. On the other hand, it authorizes the (...)

French Competition Authority The French Competition Authority fines meal vouchers issuers for anticompetitive practices taking the form of information exchange, market sharing and price-fixing (Edenred France / Up / Natixis Intertitres / Sodexo Pass France)

557

The Autorité de la concurrence fines the four historical meal vouchers issuers for a total of nearly 415 M€, for anticompetitive practices* Background The Autorité has been informed of anti-competitive practices in the meal vouchers sector by the company Octoplus (Resto Flash), which offers a (...)

French Competition Authority The French Competition Authority fines fruit-compote manufacturers for pricing agreement and market sharing (Conserves France / Valade / Délis / Vergers de Chateaubourg / Materne / Andros / Charles Faraud / Charles & Alice)

375

The Autorité de la concurrence hands down fine worth a total of up to 58.3 million euros to the main fruit-compote manufacturers for pricing agreement and market sharing* Background The Autorité publishes today a decision by which it fines a national cartel between the main fruit-compote (...)

French Competition Authority The French Competition Authority opens an in-depth investigation into a proposed merger in the petroleum product storage services market (Trapil / Pisto)

374

The Autorité de la concurrence has begun an in-depth examination into the acquisition of Société des Transports Pétroliers par Pipelines (Trapil) by Pisto SAS* Acquisition of France’s largest pipeline On 5 November 2019, Pisto SAS, which is active in the petroleum product storage services (...)

French Competition Authority The French Competition Authority clears two separate mergers of companies in the same group in the transport sector (Capelle / AltéAd Marchal Levage and Mediaco-Capelle / AltéAd)

538

The Autorité de la concurrence clears two separate acquisitions but concerning companies belonging to the same group, AltéAd* These decisions are made following the opening of judicial reorganisation proceedings regarding AltéAd. On 25 June 2019, Mediaco Levage and Capelle Investissements (...)

French Competition Authority The French Competition Authority clears a merger between two groups of restaurants chains in the high-end restaurant market (Léon de Bruxelles / Bertrand)

474

The Autorité de la concurrence clears the takeover of Groupe Léon de Bruxelles by Groupe Bertrand (Hippopotamus, Burger King, Lipp, La Coupole, etc.)* On 30 October 2019, Groupe Bertrand notified the Autorité de la concurrence of its plan to take exclusive control of Groupe Léon de Bruxelles. (...)

French Competition Authority The French State Council upholds the decision of the French Competition Authority regarding the fine handed down to a merged company for non-compliance with its remedies (Darty / Fnac)

446

The Conseil d’Etat confirms the decision regarding the fine handed down to Fnac Darty for non-compliance with its commitments* In a judgment dated 7 November 2019, the Conseil d’Etat confirmed the whole of the decision 18-D-16 by which the Autorité fined Fnac Darty €20 million for failing the (...)

French Competition Authority, German Competition Authority The French Competition Authority and the German Competition Authority present their joint study on algorithms and competition law

620

Algorithms are among the most important technological drivers of the ongoing digitalization process. They are becoming more and more important, enabling firms to be more innovative and efficient. However, debate has arisen on whether and to what extent algorithms might also have detrimental (...)

French Competition Authority The French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)

459

Acquisition of SFR by Altice : the Autorité de la concurrence will not renew the commitments and maintains certain injunctions* Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR. However, the injunctions with penalty (...)

French Competition Authority The French Competition Authority opens an in-depth investigation relating to a merger in the diagnosis and hospital care market (Elsan / HSM)

257

In-depth examination into Elsan’s plans to acquire Hexagone Santé Méditerranée* Elsan notified the Autorité de la concurrence of its plans to take exclusive control of Hexagone Santé Méditerranée (HSM). The parties to the transaction are especially active in the diagnosis and hospital care markets in (...)

French Competition Authority The French Competition Authority fines three companies and their wholesale importers for having set up exclusive import agreements in the distribution of perfumes and cosmetic products market in Guadeloupe, Martinique, French Guiana and La Réunion (Procter & Gamble / Coty / Chanel)

245

Distribution of perfumes and cosmetics in the French Antilles, French Guiana and La Réunion* The Autorité de la concurrence hands down fines to Procter & Gamble, Coty and Chanel and their wholesale importers for having set up exclusive import agreements. The Lurel Law has prohibited (...)

French Competition Authority The French Competition Authority clears a merger, subject to pre-acquisition divestitures in the food and non-food wholesale and semi-wholesale sector (Cayenne supermarket / Super NKT)

363

Acquisition of Cayenne supermarket Super NKT* The Autorité de la concurrence cleared the acquisition, subject to conditions, of the company NDIS and its subsidiary NG Kon Tia by SAFO (Huyghues-Despointes Group), which will be conditional on a divestiture prior to the acquisition of the (...)

French Competition Authority The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector

651

Dawn raids* The General Rapporteur of the Austrian competition authority and the General Rapporteur of the Autorité de la concurrence indicate that unannounced inspections have been carried out in the automatic swimming pool cleaning equipment distribution sector. Following judicial (...)

French Competition Authority The French Competition Authority clears a merger in the markets of cosmetics and perfumes (Colgate Palmolive / Laboratoires Filorga Cosmétiques)

534

Cosmetic products* The Autorité de la concurrence clears the acquisition of Laboratoires Filorga Cosmétiques by Colgate Palmolive On 7 August 2019, Colgate-Palmolive notified the Autorité de la concurrence of its plan to take over Laboratoires Filorga Cosmétiques . By a decision issued today, the (...)

French Competition Authority The French Competition Authority closes the ex officio proceedings to verify the compliance of remedies concerning a merger in the telecom sector (Altice France / SFR)

518

Telecoms* The Autorité closes the ex officio proceedings it had started to ensure compliance with the commitments concerning the sale of Completel’s DSL network made by Altice France when it acquired SFR. The Autorité considers that there is no evidence to characterise Altice France’s actions (...)

French Competition Authority The French Competition Authority clears a merger on the market for the transfer of professional players, which had never been defined before by decision-making practice (OGC Nice / Ineos)

346

Professional football* The Autorité de la concurrence clears the acquisition of OGC Nice by Ineos On 22 July 2019, Ineos notified the Autorité de la concurrence of its plan to acquire control of SASP Olympique Gymnaste Club de Nice Côte d’Azur, which manages the OGC Nice football club. By a (...)

French Competition Authority The French Competition Authority rejects the referral filed by an online content hosting service regarding practices of several companies in the online payment sector (Dstorage / Visa / Mastercard)

458

Online payment* The Autorité de la concurrence rejects, in the absence of solid evidence, the referral filed by the online content hosting service Dstorage (1fichier.com) regarding practices of several companies in the payment methods sector, notably the Groupement des Cartes Bancaires, Visa (...)

French Competition Authority The French Competition Authority rejects the complaint of a petroleum company alleging a refusal to supply services by a competitor (CCIRPP / SRPP)

12

Under the terms of this Decision, the Competition Authority rejects the referral of the case against the Coopérative Carburant d’Intérêt Régional Public Privé (CCIRPP) on the grounds of lack of sufficient evidence and, consequently, the request for interim protective measures ancillary to its (...)

French Competition Authority The French Competition Authority fines a bicycle manufacturer for having prohibited authorised retailers from selling its bicycles online (Bikeurope)

433

Online bicycle sales* The Autorité de la concurrence has fined Bikeurope for having prohibited its authorised retailers from selling its bicycles online Background Following documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (Direction (...)

French Competition Authority The French Competition Authority fines a network of notaries and a chamber of notaries for anticompetitive agreement (GIE Notimo and Chambre interdépartementale des notaires de Franche-Comté)

248

Estate negotiation/notaries* The Autorité de la concurrence fines GIE Notimo and the chambre interdépartementale des notaires de Franche-Comté for anticompetitive practices. Background The law of 6 August 2015, socalled "Macron law" which has reformed regulated professions in order to (...)

French Competition Authority The French Competition Authority clears a merger in the cardboard sector following remedies accepted by EU Commission (International Paper Company / DS Smith)

271

Cardboard sector* In part of commitments that are conditions for the European Commission’s approval of the acquisition of Europac by DS Smith, the Autorité de la concurrence gives clearance to International Paper Company to acquirethe two Normandy plants of DS Smith Packaging Normandie On 14 (...)

French Competition Authority The French Competition Authority fines companies in the chemical pathology products market for failing to apply the legislative changes brought about by the Lurel Act on the implementation of export agreements (bioMérieux / Guyane Service Médical)

335

The Autorité has fined the companies bioMérieux and Guyane Service Médical for continuing to implement an exclusive import agreement, after the Lurel Act came into force.* Following information submitted by the Directorate General for Competition Policy, the Autorité issues a new decision (...)

French Competition Authority The French Competition Authority dismisses audiovisual media group’s claim regarding priority and pre-emption rights for French-language films (Canal Plus Group)

59

Broadcasting rights for catalogue French films* The Autorité de la concurrence dismisses the case brought by the Canal Plus Group against the practices of TF1, France Télévisions, and M6 on priority and pre-emption rights for French-language films. The Canal Plus Group was claiming that the (...)

French Competition Authority The French Competition Authority fines a company for obstructing the conduct of inspections in the sectors of engineering and technology consulting, IT services and software publishing (Akka)

549

Engineering, IT services and software publishing* The Akka technologies Group is fined a total of 900 000 euros for obstructing the conduct of inspections made by the Autorité On 8 November 2018, the Autorité de la concurrence have raided the premises of companies and organisations in the (...)

French Competition Authority The French Competition Authority clears a merger in the poultry slaughterhouses market despite very high market shares (Les Volailles Rémi Ramon / Sofral / LDC Volaille)

238

Poultry industry* The Autorité de la concurrence gives clearance to the takeover of poultry slaughterhouses Les Volailles Rémi Ramon and Sofral by the LDC group (Le Gaulois, Maître Coq et Fermiers de Loué), which contributes to strengthening the French poultry sector. Background The Autorité (...)

French Competition Authority The French Competition Authority dismisses a case in which a company denounced the discount and matching practices implemented by its rival in the market of television advertising (M6 / TF1)

353

Television advertising* Following the referral of M6 regarding practices of TF1 Publicité, the Autorité de la concurrence dismisses the case. The complaint of M6 regarding TF1 Publicité In its referral, M6 denounced the discount and matching practices implemented by TF1 Publicité in the (...)

French Competition Authority The French Competition Authority launches consultations to prepare two new opinions on the freedom of establishment for bailiffs and judicial auctioneers

351

Freedom of establishment for bailiffs and judicial auctioneers* In accordance with the Law of 6 August 2015 (also known as the « Macron Law »), the Autorité de la concurrence is launching public consultations to prepare two new opinions on the freedom of establishment for bailiffs and judicial (...)

French Competition Authority The French Competition Authority rejects a referral denouncing an agreement between companies responding to a tender for the extension of the tramway network (Communauté urbaine de Bordeaux)

549

Extension of the Bordeaux tram* The Autorité de la concurrence rejects the referral filed by the communauté urbaine de Bordeaux (Bordeaux metropolitan area) in the absence of solid evidence. The complaint lodged by the communauté urbaine de Bordeaux The communauté urbaine de Bordeaux (CUB), now (...)

French Competition Authority The French Competition Authority innovates by analyzing the online and in-store sales of toys as a single market (Luderix International / Jellej Jouets)

556

Distribution of toys* The Autorité de la concurrence innovates by analyzing the online and in-store sales of toys as a single market. The Autorité de la concurrence clears the acquisition of joint control of Luderix International (Picwic) by Jellej Jouets (Toys’R’Us) and by the undivided (...)

French Competition Authority The French Competition Authority delivers its opinion on the price increase system of notaries and court bailiffs in the overseas departments and regions

237

"High living costs" in the French overseas departments and regions* In an opinion issued at the request of the French government, the Autorité examines the price increase system of notaries and court bailiffs in the overseas departments and regions. The Autorité suggests to review in depth the (...)

French Competition Authority The French Competition Authority clears a merger in the motor vehicle distribution sector and establishes a new method for analysing mergers in this sector (Bernard Participations / Emil Frey Motors France and Fiber)

390

Distribution of motor vehicles* The Autorité de la concurrence clears the acquisition of joint control of the company Bernard Participations SAS by the company Emil Frey Motors France and the company Fiber. This transaction led the Autorité to review its method for analysing mergers in the (...)

French Competition Authority The French Competition Authority carries out unannounced inspections in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations

500

Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations Following authorisation from the liberty and (...)

French Competition Authority The French Competition Authority clears a merger by approving in advance remedies in the market of fabrication and marketing of baking aids (Alsa / Dr. Oetker)

481

Confection and marketing of baking aids* The Autorité de la concurrence clears the acquisition of Alsa by Dr. Oetker (Ancel) by approving a commitment which addresses in advance competition issues (“fix-it-first” commitment), by granting a credible market player a license for the Ancel brand On (...)

French Competition Authority The French Competition Authority issues an opinion in favour of extending ex-ante regulation of the upstream wholesale digital terrestrial television broadcasting services market by three years

348

DTT Broadcasting* The Autorité de la concurrence is in favour of extending ex-ante regulation of the upstream wholesale DTT broadcasting services market by three years. Background Following a referral by the French Telecommunications Regulator (ARCEP), the Autorité de la concurrence today (...)

French Competition Authority The French Competition Authority welcomes the publication of the ECN + directive to empower the competition authorities of the Member States to be more effective enforcers

367

Publication of the ECN + directive : a new step for the European competition policy* The Autorité welcomes the publication of the ECN + directive to empower the competition authorities of the Member States to be more effective enforcers. Background Directive n° (UE) 2019/1 to empower the (...)

French Competition Authority The French Competition Authority clears the creation of a joint undertaking subject to remedies in VAT refund services markets (Global Blue / Planet Payment)

465

The Autorité de la concurrence clears, subject to conditions, the creation of the Cash Paris Tax Refund company by Global Blue and Planet Payment* A transaction referred by the European Commission On 21 August 2018, the European Commission referred to the Autorité de la concurrence the review (...)

French Competition Authority The French Competition Authority fines several producers and wholesale distributors of liquid fertilizers for resale price maintenance (Canna France / GHE / Bertels / Biobizz / Hydro Factory / Hydro Logistique / CIS)

492

The Autorité hands down fines for anticompetitive practices to several producers and wholesale distributors of liquid fertilisers.* Why are vertical pricing agreements forbidden in competition law ? Competition law generally forbids horizontal (between competitors) and vertical agreements (...)

French Competition Authority The French Competition Authority fines six household appliance manufacturers for agreeing on price increases (BSH / Candy Hoover / Eberhart Frères / Electrolux / Indesit / Whirlpool)

309

The Autorité de la concurrence hands down fines worth a total of €189 million to six household appliance manufacturers, among the largest in the sector, notably for having agreed on price increases * Background Following evidence provided by the Directorate General for Competition Policy, (...)

French Competition Authority The French Competition Authority carries out unannounced inspections in the sectors of engineering, technology consulting, IT services and software publishing

162

The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out yesterday in the sectors of engineering and technology consulting, IT services and software publishing* Following authorization from the liberty and custody judge, the (...)

French Competition Authority The French Competition Authority issues an opinion on the freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court

462

Freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court* The Autorité de la concurrence issues an opinion on the freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court. To improve citizens’ (...)

French Competition Authority The French Competition Authority fines a manufacturer for preventing its authorized distributors from selling its products online implementing the Coty ruling (Stihl)

547

Online retail of outdoor power equipment* The Autorité de la concurrence fines the manufacturer Stihl 7 million euros for having prevented its authorized distributors from selling its products online Background Following an investigative report from the DGCCRF, the Autorité de la (...)

French Competition Authority The French Competition Authority fines a wholesaler-importer and its parent company for continuing to implement exclusive import agreements overseas, after the Lurel Act came into force (General Importand)

418

Exclusive distribution of consumer goods in Wallis-and-Futuna* The Autorité de la concurrence has fined the wholesaler-importer General Importand its parent company for continuing to implement exclusive import agreements, after the Lurel Act came into force. The "Lurel Act" has banned any (...)

French Competition Authority The French Competition Authority fines an undertaking for excessive pricing in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)

657

Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

French Competition Authority The French Competition Authority imposes fine on waste disposal company for increasing the prices charged on hospitals and clinics in Corsica (Sanicorse)

64

Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

French Competition Authority The French Competition Authority fines a retailer and distributor of electronic products for failing to comply with its merger remedies (Fnac / Darty)

300

Fnac’s acquisition of Darty* The Autorité de la concurrence fines Fnac Darty Group €20 million for failing to divest itself of three stores, which was the pre-condition for clearance of the transaction. The Autorité also orders Fnac Darty to divest itself of two stores in lieu of those that it (...)

French Competition Authority The French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)

254

Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

French Competition Authority The French Competition Authority renders legally binding a set of remedies proposed by a media company, leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)

442

Satellite Pay TV* The Autorité de la concurrence makes the commitments of Groupe Canal Plus binding, leaving its subscribers free to choose their TV decoder to watch its programmes. The complaint A satellite decoder manufacturer lodged a complaint with the Autorité de la concurrence relating (...)

French Competition Authority The French Competition Authority rejects the request for interim measures filed by a law firm relating to practices implemented by the Toulouse Bar Association (AGN Avocats)

435

Law firms* The Autorité de la concurrence rejects the request for interim measures filed by the company AGN Avocats relating to practices implemented by the Toulouse Bar Association, but pursues the investigation into the merits of the case. The company AGN Avocats Développement, hereinafter (...)

French Competition Authority The French Competition Authority is asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments

459

French overseas territories* The Autorité de la concurrence has been asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments The Ministry of Finance and Economy submitted a request, on behalf of the Government, to the (...)

French Competition Authority The French Competition Authority fines a human resource consulting firm for non-compliance with certain remedies addressing practices implemented in the temporary employment sector (Randstad)

561

Temporary employment sector* The Autorité de la concurrence fines Randstad 4.5 million euros for non-compliance with certain commitments undertaken in 2009 The Autorité de la concurrence today issues a decision imposing a joint fine on companies Groupe Randstad France SAS, Randstad SAS, (...)

French Competition Authority The French Competition Authority clears a merger, subject to remedies, in the market for the production and sale of ready meals (Financière Cofigeo / Agripole group)

437

Acquisition of William Saurin* The Autorité de la concurrence clears the acquisition Financière Cofigeo of certain securities and assets of the ready meals arm of Agripole group (William Saurin, Panzani, Garbit) subject to two targeted divestments designed to maintain competition in the sector. (...)

French Competition Authority The French Competition Authority acknowledges the decision of the Minister of Economy and Finance to use his power to reexamine the merger in the market for the production and sale of ready meals (Financière Cofigeo / Agripole group)

383

Acquisition of William Saurin - Reaction of the Autorité after the Minister of Economy’s decision* The Autorité de la concurrence acknowledges the decision of the Minister of Economy and Finance to use its power to reexamine the operation, cleared by the Autorité today regarding the acquisition (...)

French Competition Authority The French Competition Authority fines a professional syndicate of winemakers for an anticompetitive agreement (Syndicat général des vignerons réunis des Côtes du Rhône)

202

The Autorité de la concurrence fines the Syndicat général des vignerons réunis des Côtes du Rhône (the professional syndicate of Côte du Rhône winemakers) for an anticompetitive agreement* Based on a report submitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud (...)

French Competition Authority The French Competition Authority clears merger between two domestic electrical goods companies after concluding that the transaction is unable to give rise to anticompetitive effects in Guadeloupe (Cafom / Dimeco)

63

RETAIL OF DOMESTIC ELECTRICAL GOODS IN THE FRENCH OVERSEAS DEPARTMENTS* The autorité de la concurrence clears the acquisition of the Dimeco society (connection , Circuit Ménager) bu the Cafom Group (But and Darty) Parties to the transaction On 18 April 2018, the Cafom group notified the (...)

French Competition Authority The French Competition Authority fines an undertaking for implementing anticompetitive agreements in the tobacconist security provision sector (Sécurité Vol Feu)

492

Anticompetitive agreements in the tobacconist security provision sector in the Isère département* The Autorité de la concurrence fines the Sécurité Vol Feu company Following an investigation carried out by the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (...)

French Competition Authority The French Competition Authority closes its investigation into agricultural tractor manufacturers after ensuring that they change their commercial practices with dealers in order to strengthen competition and diversify supply (John Deere / AGCO)

631

Sale of agricultural tractors* The Autorité closes the investigation against agricultural tractor manufacturers John Deere and AGCO (Massey Ferguson, Fendt, Laverda and Valtra). It has ensured that the manufacturers change their commercial practices in respect of dealers in order to (...)

French Competition Authority The French Competition Authority conducts for the first time an investigation into an online platform merger and clears it subsequently (Axel Springer / Concept Multimédia)

59

For the first time, the Autorité de la concurrence has examined the merger of two online platforms. After an in-depth examination, the Autorité unconditionally clears the acquisition of Concept Multimédia (Logic-Immo.com) by the Axel Springer Group (SeLoger.com)* Parties to the transaction On (...)

French Competition Authority The French Competition Authority imposes for the first time a fine of 30 millions euros to a company for obstructing the investigation (Brenntag)

224

The Autorité de la concurrence fines Brenntag 30 million euros for obstructing the investigation* The Autorité today publishes a decision by which it fines the Brenntag SA (hereinafter « Brenntag ») and Brenntag AG companies for having infringed the provisions of V of article L. 464-2 of the (...)

French Competition Authority The French Competition Authority clears a merger subject to remedies in the sector of collection and recovery of non-hazardous office waste (La Poste / Suez)

189

Collection and recovery of non-hazardous office waste sector* In an unprecedented move, the Autorité de la concurrence closes a litigation procedure, and on the same day, clears a merger involving the same activity. The Autorité obtained commitments from La Poste regarding the promotion, (...)

French Competition Authority The French Competition Authority fines €25 million a pharmaceutical laboratory for having first prevented then restricted the development of generic versions of a drug (Janssen-Cilag / Johnson & Johnson)

356

The Autorité de la concurrence imposes a fine of 25 million euros on Janssen-Cilag laboratory and its parent company Johnson & Johnson for having first prevented then restricted the development of generic versions of Durogesic, its originator medicinal product.* Background Following a (...)

French Competition Authority The French Competition Authority clears a merger subject to remedies in the home decoration and gardening retail market (Bricorama / ITM Équipement de la Maison)

153

The Autorité de la concurrence has cleared, subject to several conditions, the acquisition of the Bricorama group by ITM Équipement de la Maison (Bricomarché, Brico Cash)* Parties to the transaction On 18 October 2017, ITM Équipement de la Maison, a subsidiary of ITM Entreprises, which notably (...)

French Competition Authority The French Competition Authority accepts to clears acquisition of general merchandise stores subject to undertakings to address competition issues (Tati group / Gifi)

42

The Autorité de la concurrence clears the acquisition of stores owned by the Tati group (Tati, Fabio Lucci, Giga Store) by Gifi (GPG group), subject to a number of conditions* Parties to the transaction On 12 June 2017, the GPG group (retailer Gifi) notified the Autorité de la concurrence of (...)

French Competition Authority The French Competition Authority does not consider acquisition in the publishing industry to harm competition, thus clearing it (Média-Participations / La Martinière)

47

The Autorité de la concurrence clears the acquisition of La Martinière Groupe (Le Seuil, Points, etc.) by Médias-Participations (Dargaud, Dupuis, etc.).* On 13 November 2017, the Média-Participations group notified the Autorité de la concurrence of its project to acquire sole control of La (...)

French Competition Authority The French Competition Authority opens an in-depth investigation concerning a merger in the market for the production and sale of ready meals (Financière Cofigeo / William Saurin)

126

The Autorité de la concurrence has initiated an in-depth examination of the planned acquisition by Financière Cofigeo of certain securities and assets of the Agripole group’s Ready Meals division (William Saurin, Panzani and Garbit)* On 12 June 2017, Financière Cofigeo notified the Autorité de la (...)

French Competition Authority The French Competition Authority launches a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors

76

As part of its advisory powers, the Autorité de la concurrence is launching a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors.* In particular it will look at the distribution of pharmaceuticals, their price regulation (...)

French Competition Authority The French Competition Authority opens an in-depth investigation concerning a merger in the online property advertising (SeLoger.com / Logic-Immo.com)

200

ONLINE PROPERTY ADVERTISING* The Autorité de la concurrence has begun an in-depth examination as part of the review of the take-over of Concept Multimédia (Logic-Immo.com) by the Axel Springer group (SeLoger.com) The Axel Springer group, which is active mainly on the online property adverting (...)

French Competition Authority The French Competition Authority issues an opinion to the Electronic Communications Authority concerning the fixed broadband and superfast broadband wholesale markets

89

The Autorité de la concurrence issues an opinion to ARCEP (France’s Electronic Communications and Postal Regulatory Authority), in the framework of the fifth cycle of analysis of the fixed broadband and superfast broadband wholesale markets.* The Autorité de la concurrence agrees with most of (...)

French Competition Authority The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)

187

The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

French Competition Authority The EU Commission refers the review of a merger concerning two private hospital groups back to the French Competition Authority (Médipôle-Partenaires / Elsan)

114

THE EUROPEAN COMMISSION HAS REFERRED THE REVIEW OF THE ACQUISITION OF MÉDIPÔLE-PARTENAIRES BY ELSAN BACK TO THE AUTORITÉ DE LA CONCURRENCE* On 31 January 2017, the European Commission has referred the review of the acquisition of sole control of Médipôle-Partenaires by Elsan, two private hospital (...)

French Competition Authority The French Competition Authority clears a merger in the food wholesale sector and breaks with its previous practice concerning the delimitation of the market (Metro / Colruyt France)

112

THE AUTORITÉ DE LA CONCURRENCE CLEARS METRO’S ACQUISITION OF COLRUYT FRANCE (PRO-À-PRO)* On 28 November 2016, the European Commission referred the review of the acquisition of Colruyt France SAS (“Colruyt France”) by Metro AG (“Metro) back to the Autorité de la concurrence (see note on referrals in (...)

French Competition Authority The French Competition Authority fines €80 million a multinational telecom company for the premature completion of two mergers (Altice & SFR / OTL)

245

The Autorité de la concurrence fines the Altice group 80 million euros for the premature completion of two mergers notified in 2014* The Autorité de la concurrence issued a decision today to fine jointly Altice Luxembourg and SFR Group 80 million euros, in application of Section II of Article (...)

French Competition Authority The French Competition Authority publishes an opinion on the freedom of establishment for lawyers at the French Administrative Supreme Court and French Supreme Court

101

Freedom of Establishment for lawyers at the French Administrative Supreme Court and the French Supreme Court* The Autorité de la concurrence issues an opinion on the freedom of establishment for lawyers at the French Administrative Supreme Court and French Supreme Court. In order to improve (...)

French Competition Authority The French Competition Authority clears a merger, subject to remedies, in the agriculture sector (Agri-Négoce / Axéréal Participations)

94

The Autorité de la concurrence clears the acquisition of sole control of Agri-Négoce by Axéréal Participations, subject to commitments* On 21 April 2016, the company Axéréal Participations, subsidy of the farming cooperative Axéréal, notified the Autorité de la concurrence of the acquisition of sole (...)

French Competition Authority The French Competition Authority carries out unannounced inspections on the market of manufacturing and distribution of sandwiches intended to food supermarkets

121

The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 15 in the sector of manufacturing and distribution of sandwiches intended to food supermarkets.* On September 15th, following authorisation from the liberty and custody (...)

French Competition Authority The French Competition Authority fines suppliers and distributors of liquid fuel heating units for concluding horizontal and vertical anticompetitive agreements (PVG / Ligne Plus)

351

Liquid fuel backup heating units* The Autorité de la concurrence fines both PVG and Ligne Plus suppliers for anticompetitive agreement on wholesale prices and sharing of customer base (horizontal agreement). Besides, both suppliers are fined for having set distributors’ resale prices to the (...)

French Competition Authority The French Competition Authority launches a public consultation on its midpoint assessment concerning its investigation on the hearing aids sector

168

Hearing aids* As part of its investigation on the hearing aids sector, the Autorité de la concurrence launches a public consultation on its mid-point assessment today. The Autorité encourages the sector’s players to express their opinion on the competition issues identified. Interested actors (...)

French Competition Authority The French Competition Authority starts, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)

257

Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

French Competition Authority The French Competition Authority adopts a settlement decision concerning a case involving companies active in the distribution of consumer goods overseas (Henkel)

245

Exclusive distribution of consumer goods in overseas territories – Settlement* Within the framework of a settlement between all the parties, the Autorité de la concurrence fines Henkel and its wholesaler-importers in several overseas departments €600,000. In brief The Autorité de la (...)

French Competition Authority The French Competition Authority refuses to lift the ban on exclusive broadcasting of premium sports channels pronounced against a pay TV channel (Canal Plus)

195

The Autorité de la concurrence considers that the conditions are not currently satisfied to lift the ban on exclusive broadcasting of premium sports channels pronounced on Canal Plus. * The Autorité will engage, during the upcoming twelve months, in an in-depth work in dialogue with all the (...)

French Competition Authority The French Competition Authority opens an in-depth investigation regarding a merger on the market of retail of cultural and electronic products (Fnac / Darty)

150

THE AUTORITÉ DE LA CONCURRENCE IS OPENING A PHASE 2 EXAMINATION OF THE ACQUISITION OF THE DARTY COMPANY BY THE FNAC GROUP* On 17 February 2016, the Fnac group notified the Autorité of its proposed acquisition of the Darty company. Under its examination of the case, and following an initial (...)

French Competition Authority The French Competition Authority launches a public consultation in the context of the drafting of an opinion on the freedom of establishment of counsel positions at the French Administrative Supreme Court and French Supreme Court

75

Counsels at the French Administrative Supreme Court (Conseil d’Etat)and the French Supreme Court (Cour de cassation)* In application of the "Macron law", the Autorité de la concurrence is launching a public consultation in the context of the drafting of an opinion on the freedom of (...)

French Competition Authority The French Competition Authority launches a public consultation in the context of the drafting of an opinion on the freedom of establishment of notaries, bailiffs and judicial auctioneers

90

Notaries, bailiffs and judicial auctioneers* In application of the "Macron law", the Autorité de la concurrence is launching a public consultation in the context of the drafting of an opinion on the freedom of establishment of notaries, bailiffs and judicial auctioneers. This opinion will (...)

French Competition Authority The French Competition Authority launches unannounced inspections in the market of fire safety systems equipping businesses and buildings receiving the public

97

Fire safety systems equipping businesses and buildings receiving the public* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on February 18th in the sector of fire safety systems equipping businesses and buildings receiving the (...)

French Competition Authority The French Competition Authority welcomes the adoption of an ordinance overhauling the regulatory framework of coach stations following the opening of the passenger coach transport market

79

Passenger coach stations* Following the opening up of the passenger coach transport market last summer, the Autorité welcomes the government adoption of an ordinance overhauling the regulatory framework of coach stations and granting the sector regulator, the ARAFER, the range of instruments (...)

French Competition Authority The French Competition Authority publishes a decision by which it fines two anticompetitive agreements in the delivery service sector (Traditional and express delivery service)

163

Delivery service (transporting parcels) industry* Today, the Autorité de la concurrence issues a decision by which it fines two anticompetitive agreements in the delivery service industry for a total amount of 672.3 million euros : The principal agreement in question has been subject to a (...)

French Competition Authority The French Competition Authority announces the launch of a public consultation by the EU Commission on how to ensure that national competition authorities effectively enforce competition law

82

Launch of a public consultation by the European Commission* The European Commission has launched a public consultation on how to ensure that national competition authorities effectively enforce competition law. The Autorité de la concurrence invites all relevant stakeholders to contribute to (...)

French Competition Authority The French Competition Authority fines a telecommunications company for implementing abusive practices on the “business” market (SFR)

214

The Autorité de la concurrence fines SFR and its subsidiary in La Réunion 10.7 million euros for implementing abusive practices on the “business” market.* In brief The Autorité de la concurrence issues today a decision in which it fines SFR and SRR, SFR’s subsidiary in La Réunion, a total of 10.7 (...)

French Competition Authority The French Competition Authority issues a second opinion concerning the competitive impact of the switchover to free digital terrestrial television of several pay TV channels (LCI)

79

Under the new procedure initiated by the CSA, the Autorité de la concurrence has issued a second opinion concerning the competitive impact of the switchover to free DTT by the LCI, Paris Première and Planète + pay TV channels* The Autorité releases an opinion issued today to the CSA (French (...)

French Competition Authority The French Competition Authority opens ex officio proceedings to review whether a internet provider has respected its merger remedies (SFR / Bouygues Telecom)

160

SFR/Bouygues Telecom agreement to deploy fibre in very densely populated areas* Following a complaint made by Bouygues Telecom, the Autorité de la concurrence has opened ex officio proceedings to review the conditions under which Numericable complies with its commitments made in relation to the (...)

French Competition Authority The French Competition Authority starts dawn raids against several companies suspected of having implemented anti-competitive practices in the sector of processed fruits

156

Processed fruits packaged in cups and pouches – dawn raids* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 22nd in the sector of processed fruits packaged in cups and pouches On 22 September 2015, following (...)

French Competition Authority The French Competition Authority obtains commitments from several mainland alcohol manufacturers aiming to stop the exclusive distribution of their products in the French overseas territories (Pernod-Ricard)

152

Distribution of consumer goods in the French overseas territories* The Autorité de la concurrence has obtained from several mainland manufacturers their commitment to put an end to the exclusive distribution of their products in the French overseas territories and to implement a competitive (...)

French Competition Authority The French Competition Authority examines two merger cases referred back by the EU Commission that would normally have fallen within the European jurisdiction (Auchan and Système U and Vedici / Vitalia)

130

The European Commission has referred the examination of two major merger cases back to the Autorité de la concurrence* The European Commission has referred back to the Autorité de la concurrence two merger cases that would normally have fallen within its jurisdiction : the alliance agreement (...)

French Competition Authority The French Competition Authority extends the commitments made in the case of inter-bank fees associated with card payments (Groupement des Cartes Bancaires)

289

Extension of the commitments made by the Groupement des Cartes Bancaires (CB Bank Cards Group) to the Autorité de la concurrence regarding the level of inter-bank payment fees until the European regulation comes into force.* In 2011, within the context of the examination by the Autorité de la (...)

French Competition Authority The French Competition Authority approves the sale of an oversea telecom company, a mandatory condition to clear a merger in the market of mobile telephony (SFR / Numéricable)

202

Acquisition of SFR by Numericable : France’s Competition authority and ARCEP approve the sale to the firm Hiridjee of the Outremer Telecom mobile operations that Numericable agreed to divest in La Réunion and Mayotte* On 30 October 2014, the Autorité de la concurrence approved the sale of SFR to (...)

French Competition Authority The French Competition Authority imposes fine on one telecommunication company for distortion of competition in the market for the renewal of the national occupancy contract of the Eiffel Tower site and in the sector relating to FM radio terrestrial broadcasting (TDF / TowerCast)

77

The Autorité fines TDF 5.6 million euros for practices aimed at foreclosing its competitors from the Eiffel Tower site.* After the adoption of interim measures in 2007, the Autorité de la concurrence is today fining TDF 5.6 million euros for distortion of competition in the market for the (...)

French Competition Authority The French Competition Authority clears a merger, subject to remedies in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)

114

The Autorité de la concurrence clears, subject to conditions, the acquisition of Les Journaux du Midi by La Dépêche du Midi.* The La Dépêche du Midi Group is mainly active in the South/South-West of France, with the publication of the following regional daily press titles : La Dépêche du Midi, La (...)

French Competition Authority The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)

200

The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

French Competition Authority The French Competition Authority clears a merger subject to remedies between two gas providers in the intermediate and large-bulk LPG market (UGI France / Totalgaz)

262

THE AUTORITÉ DE LA CONCURRENCE CLEARS, SUBJECT TO CONDITIONS, THE ACQUISITION OF TOTALGAZ BY UGI FRANCE, THE PARENT COMPANY OF ANTARGAZ * Among the commitments discussed and negotiated with the Autorité, UGI shall, in particular, be obliged to divest its stakes in the capital of several LPG (...)

French Competition Authority The French Competition Authority imposes fines on three millers for cartel in the market of flour sold to craft bakeries (Axiane Meunerie / Minoteries Cantin / Grands Moulins de Strasbourg)

176

The Autorité de la concurrence fines 3 millers for anticompetitive agreements on increases in the price of flour sold to craft bakeries.* The Autorité de la concurrence issues today a decision whereby it fines Axiane meunerie, Minoteries Cantin and Grands Moulins de Strasbourg a total of 1.1 (...)

French Competition Authority The French Competition Authority opens ex officio proceedings to review the conditions under which a phone carrier complies with commitments (SFR / Numéricable)

207

Acquisition of SFR by Numericable.* The Autorité de la concurrence opens ex officio proceedings to review the conditions under which Numericable complies with its commitment to divest Outremer Telecom’s mobile telephony activities in La Réunion and Mayotte. On 30 October 2014, the Autorité de la (...)

French Competition Authority The French Competition Authority imposes heavy fines on several manufacturers of home and personal care products for having implemented concerted practices (Colgate-Palmolive / Henkel / Reckitt Benckiser)

285

The Autorité de la concurrence fines concerted practices between manufacturers a total of 345,2 € millions and 605,9 € millions on each market concerned* The Autorité de la concurrence issues today a decision whereby it fines home care and personal care manufacturers for having implemented (...)

French Competition Authority The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)

352

Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place booking.com in (...)

French Competition Authority The French Competition Authority imposes fines on three removal companies for having presented cover quotes in order to distort competition in the military personnel relocation removals market (AGS Martinique / Martinique Déménagements / SMDTE)

127

The Autorité de la concurrence fines three removal companies for having colluded in presenting cover quotes* The Autorité de la concurrence has issued a decision in which it fines three removal companies for having presented cover quotes in order to distort competition in the military personnel (...)

French Competition Authority The French Competition Authority receives commitments from a railway company aimed at increasing the autonomy of its subsidiary in the market for advice and technical assistance to transport network operators (SNCF / Keolis / Transdev)

151

The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments* Within the scope of a procedure initiated before the Autorité de (...)

French Competition Authority The French Competition Authority rejects the request for interim measures taking the form of a suspension of a network sharing agreement between two mobile phone companies (Orange / Bouygues Telecom / SFR)

212

* Press release originally published on the official website of the French Competition Authority. The title above has been amended in order to match the e-Competition format. The Autorité de la concurrence refuses to suspend the network sharing agreement signed between Bouygues Telecom and SFR* (...)

French Competition Authority The French Competition Authority orders interim measures against a gas provider and enjoins it to grant its competitors access to some of the data in its historic file (GDF Suez / Direct Energie)

533

The Autorité de la concurrence orders GDF Suez to grant its competitors access to some of the data in its historic file.* This access will enable competitors of GDF Suez to compete with the incumbent operator on an equal footing by enabling them to let customers better know about the (...)

French Competition Authority The French Competition Authority orders interim measures against a TV company on the exclusive rights for the broadcasting of Top 14 matches market (Canal Plus / beIN Sports)

209

Broadcasting rights for the French Rugby 1st Division Championship* Following a referral by beIN Sports, the Autorité de la concurrence suspends the agreement concluded between the French Rugby national League and Group Canal Plus which awarded the latter exclusive rights for the broadcasting (...)

French Competition Authority The French Competition Authority fines a pharmaceutical laboratory for abuse of dominance by refusing to sell its medical information database (Euris / Cegedim)

402

The Autorité de la concurrence has imposed Cegedim a 5.7 million euros fine for having abusively refused to sell its medical information database to certain pharmaceutical laboratories* The medical databases market To optimise the work of their sales forces, pharmaceutical laboratories use two (...)

French Competition Authority The French Competition Authority fines a mobile phone operator and its subsidiary for implementing discriminatory prices for calls to its competitors’ networks in the overseas territory market (SFR / SRR)

197

The Autorité de la concurrence fines SFR and its subsidiary in La Réunion SRR nearly 46 million euros.* The Autorité de la concurrence has today issued a decision whereby it has imposed a fine of 45.9 million euros against SFR and its subsidiary in La Réunion SRR, for having implemented and (...)

French Competition Authority The French Competition Authority receives commitments from a railway company aiming at ending the competition concerns identified in the distribution of train tickets sector (SNCF / voyages-sncf.com)

213

The SNCF makes progress on the path to the equitable treatment of its voyages-sncf.com website and travel agencies* Within the scope of a procedure initiated before the Autorité de la concurrence, SNCF has proposed a series of commitments designed to make voyages-sncf.com and competing travel (...)

French Competition Authority The French Competition Authority receives commitments from a coffee machines maker to remove barriers to entry on the coffee capsules market (Nespresso)

159

Press release published on the official website of the French Competition Authority. Nespresso is submitting commitments before the Autorité de la concurrence to lift barriers to entry for other coffee capsule makers - compatible with Nespresso coffee machines - as well as barriers to their (...)

French Competition Authority The French Competition Authority accepts the commitments submitted by the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (Betclic / PMU)

221

The Autorité de la concurrence has obtained a commitment from the PMU, which will separate its online horserace betting activity from its network of points of sale under monopoly. With this decision, the Autorité ensures that diversified legal supply is maintained, to the consumer’s benefit, on (...)

French Competition Authority The French Competition Authority fines an owner of sports newspapers for implementing eviction practices in sports press sector (Le 10Sport.com / Les Éditions Philippe Amaury)

223

The Autorité de la concurrence has fined the Groupe Amaury for having driven out of the market a new entrant in the sports press – Le 10Sport.com* The Autorité de la concurrence has fined Les Éditions Philippe Amaury (hereinafter the Groupe Amaury) an amount of 3.5 million euro for having (...)

French Competition Authority The French Competition Authority requests consultation in relation to commitments proposed for a notified acquisition in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)

170

Press release published on the official website of the French Competition Authority. Canal Plus has just renotified the acquisition of D8 and D17 TV channels. The Autorité de la concurrence has decided to seek sector-specific regulators’ and market players’ views on the new draft commitments* (...)

French Competition Authority The French Competition Authority fines a pharmaceutical laboratory for abuse of dominance in denigrating its competitors and in implementing anticompetitive agreements with its supplier (Arrow / Schering-Plough)

220

The Autorité de la concurrence fines the Schering-Plough pharmaceutical laboratory a total of 15.3 million euro for hindering entry onto the market of the generic of its originator medicinal product Subutex®* Following a complaint filed by the Arrow génériques laboratory, The Autorité de la (...)

French Competition Authority The French Competition Authority submits its draft recommendations for public consultation and calls for the modernization of the conditions applicable for granting authorizations to operate routes

122

Press release published on the official website of the French Competition Authority. The Autorité de la concurrence calls for greater competition within the interregional coach transport sector to enable consumers to benefit from cheaper transportation means which are moreover opening new (...)

French Competition Authority The French Competition Authority receives commitments from the incumbent betting company in order to distinguish its horserace betting activities online from those dealing with horserace betting in physical outlets (Betclic / PMU)

687

PMU proposes commitments in order to distinguish its online horserace betting activities from those dealing with horserace betting in physical outlets* Following a complaint lodged by Betclic Everest Group (hereinafter Betclic) with the Autorité de la concurrence, the PMU proposed separating (...)

French Competition Authority The French Competition Authority issues several recommendations designed to ensure the necessary preservation of a level playing field in the railway sector

174

Press release published on the official website of the French Competition Authority. The Autorité de la concurrence publishes the opinion it provided to the French government concerning a bill on railway reform. The Autorité issues several recommendations that are designed to reconcile the logic (...)

French Competition Authority The French Competition Authority clears an acquisition of sole control on the market for public transportation subject to commitments (Transdev & Caisse des Dépôts et Consignations)

235

Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of the Transdev group by the Caisse des Dépôts et Consignations subject to the maintenance of the commitments made in 2010*. On 26 April (...)

French Competition Authority The French Competition Authority obtains a significant reduction in the main interbank fees charged by two card companies from undertakings (MasterCard / Visa)

157

The Autorité de la concurrence has obtained a significant reduction in the main interbank fees charged by Mastercard and Visa respectively. With these decisions, the Autorité de la concurrence has completed the extensive work that it has been performing for the past three years over all methods (...)

French Competition Authority The French Competition Authority clears, subject to conditions, the merger between two companies manufacturing earthenware construction materials (Bouyer-Leroux / Imerys TC)

108

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of Imerys TC assets by Bouyer-Leroux. The commitments made by Bouyer-Leroux enable the removal of all risks to competition in the (...)

French Competition Authority The French Competition Authority closes a case after plaintiff withdrawed its complaint relating to access to infrastructure facilities in the telecom sector (Free / Orange)

159

Orange and Free have ended a dispute brought before the Autorité de la concurrence relating to conditions for access to the incumbent operator’s civil engineering infrastructure. The agreement entered into by the two companies will facilitate and accelerate the roll-out of the optical fibre (...)

French Competition Authority The French Competition Authority fines associations of veterinaries for entering into an anticompetitive agreement (Conseil Regional de l’Ordre des Vétérinaires d’Alsace & Section du Bas-Rhin du Syndicat National des Vétérinaires d’Exercice Libéral)

104

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Conseil Regional de l’Ordre des Vétérinaires of Alsace [1] and the Veterinary Surgeons’ Union of Bas-Rhin for entering into an anticompetitive agreement*. Today, the (...)

French Competition Authority The French Competition Authority examines the creation of a joint venture in the animal nutrition sector after a referral of the European Commission (Glon Sanders & Euralis)

97

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence will examine the creation of a joint venture by Glon Sanders (subsidiary of Sofiprotéol) and the Euralis cooperative group*. At the request of the undertakings, the European (...)

French Competition Authority The French Competition Authority acknowledges it does not have jurisdiction over decisions made by bodies which are not economic operators (Conseil supérieur des messageries de presse)

86

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence does not have jurisdiction over decisions made by the Conseil supérieur des messageries de presse (CSMP)*. The Autorité de la concurrence today issued a decision whereby it (...)

French Competition Authority The French Competition Authority concludes to an absence of infringement of competition rules following a complaint by several actors of the ophthalmic sector (Kalivia)

145

Press Release published on the official website of the French Competition Authority. Kalivia was not in breach of competition rules when it set up its network of authorised opticians*. The Autorité de la Concurrence was informed by a professional body of opticians (the SynOpE) and two (...)

French Competition Authority The French Competition Authority refuses to issue interim measures regarding alleged practices in the photovoltaic electricity sector (SUN’R / EDF)

229

The Autorité de la concurrence will not issue interim measures against EDF but will pursue its investigation on the basis of the complaint lodged by SUN’R*. The Autorité de la concurrence, following a complaint from power station operator SUN’R about certain practices implemented by the EDF group (...)

French Competition Authority The French Competition Authority fines a complementary social protection organisation for having breached the notification requirement of a merger project (Réunica / Arpège)

113

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines Réunica for having breached the notification requirement of a merger project*. The Autorité de la concurrence just issued a ruling in which it imposed a fine of €400,000 on (...)

French Competition Authority The French Competition Authority publishes an opinion on the inclusion of so-called ’historical’ additional costs in the equalisation system between press distribution services

64

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has published an opinion on the inclusion of so-called ’historical’ additional costs in the equalisation system between press distribution services. The Autorité is not in favour of (...)

French Competition Authority The French Competition Authority issues an opinion on the single-issue press distribution sector assessing the various systems for untwining the supply chain

123

Press Release published on the official website of the French Competition Authority. Upon request from the government, the Autorité de la concurrence assesses the compatibility with competition regulations of the various systems envisaged by players in the sector to untwine press transport (...)

French Competition Authority The French Competition Authority renders legally binding some commitments offered to solve competition concerns raised in the distribution of insurance products to golfers (Eurogolf / Fédération Française de Golf)

242

The Autorité de la concurrence makes the commitments proposed by the ’Fédération Française de Golf’ mandatory. Golf players (or licensees) may take out insurance of their choice, which may differ from that offered by the federation*. Following a complaint in April 2012 by the company Eurogolf (...)

French Competition Authority The French Competition Authority fines several ticketing companies for entering into anticompetitive agreements (Fnac / France Billet / Ticketnet)

105

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the companies Fnac, France Billet and Ticketnet for entering into anticompetitive agreements* Following a referral from the French Minister for Economy, the Autorité de la (...)

French Competition Authority The French Competition Authority imposes fines on two companies for implementing anticompetitive practices in the mobile telephony sector (Orange / SFR)

339

The Autorité de la concurrence fines Orange and SFR a total of €183 million for implementing anticompetitive practices in the mobile telephony sector. Orange and SFR marketed offerings, mainly between 2005 and 2008, allowing for unlimited calls solely within their own networks. These packages, (...)

French Competition Authority The French Competition Authority publishes its recommendations to the New Caledonian government authorities regarding the food retail sector and the competition control bodies (Gouvernement de Nouvelle-Calédonie)

163

The Autorité de la concurrence publishes its recommendations to the Gouvernement de la Nouvelle-Calédonie (New Caledonian government authorities) regarding the food retail sector and the competition control bodies. The Autorité particularly advocates strengthening competition upstream by taking (...)

French Competition Authority The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)

260

The Autorité de la concurrence clears the acquisition of sole control of Keolis by SNCF, subject to the maintenance of the commitments made in 2010* On 23 July 2012, the European Commission referred the acquisition of sole control of the Keolis group by SNCF to the Autorité de la concurrence . (...)

French Competition Authority The French Competition Authority sanctions a company active in the slaughtering and meat processing sector for breaching an important commitment conditioning a merger clearance (Bigard / Socopa)

91

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sanctions the Bigard Group for breaching an important commitment conditioning the takeover of Socopa* The Autorité de la concurrence, noting that the Bigard Group failed to fulfil (...)

French Competition Authority The Paris Commercial Court seeks the opinion of the French Competition Authority on the broadcasting rights for championship football matches (Ligue de Football Professionnel)

213

The Paris Commercial Court seeks the opinion of the Autorité de la concurrence on the compatibility with competition rules of the call for tenders the Ligue de Football Professionnel (LFP - French professional football league) issued in 2010 to grant broadcasting rights for League 2 football (...)

French Competition Authority The French Competition Authority clears, under conditions, a merger on the sanitation, heating and air-conditioning products sector (Point P / Brossette)

72

Press Release published on the official website of the French Competition Authority. Subject to the sale of 22 retail outlets, the Autorité de la concurrence clears the acquisition of Brossette by the Point P group* In November 2011, at the request of Point P, a subsidiary of the Saint-Gobain (...)

French Competition Authority The French Competition Authority clears, subject to conditions, a merger in the electricity and gas supply markets (Electricité de Strasbourg / Enerest)

123

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears – subject to conditions – the acquisition of Enerest by Electricité de Strasbourg (EDF Group)*. Electricité de Strasbourg, a company owned 88.82% by EDF, is a local (...)

French Competition Authority The French Competition Authority fines several civil engineering companies for having distorted competition in the civil engineering sector in Saint-Pierre-et-Miquelon (GIE Exploitation des carrières)

161

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several companies in the sector for having distorted competition in the civil engineering sector on the archipelago*. After starting ex officio proceedings, further to (...)

French Competition Authority The French Competition Authority accepts and renders mandatory the commitments proposed to solve competition concerns on the meteorological services for business sector (Météo France)

203

The Autorité de la concurrence makes commitments by Météo-France regarding a clear separation between its business activities and its public service remit binding. Météo-France commits in particular to upgrade and audit its cost accounting*. Following a complaint by Météo Consult in respect of (...)

French Competition Authority The French Competition Authority fines several undertakings active on the leisure, culture and tourism engineering sector for an anticompetitive agreement on prices (Géfil, Deloitte)

74

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several consulting firms and the sector’s trade association for an anticompetitive agreement on prices*. The Autorité de la concurrence has just issued a decision (...)

French Competition Authority The French Competition Authority declines to impose emergency measures but will continue to investigate alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)

131

The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard France filed a complaint with the Autorité de la concurrence concerning practices of Oracle (...)

French Competition Authority The French Competition Authority renders legally binding commitments offered by leading retailer to remedy competition concerns on the retail distribution sector (Carrefour Market)

115

The Autorité de la concurrence makes commitments proposed by Carrefour concerning a Parisian supermarket franchised under the Champion name binding. Carrefour commits to adapt the standard Carrefour Market franchise agreement with regards this supermarket*. Following a complaint filed in August (...)

French Competition Authority The French Competition Authority issues an opinion in the context of the wholesale markets analysis of the new entrant and full MVNOs mobile voice call termination (Free Mobile, LycaMobile and Oméa Télécom)

98

Press Release published on the official website of the French Competition Authority. The Autorité is in favour of Arcep’s proposal on ex ante regulation of Free Mobile and full MVNOs mobile voice call termination charges. It considers asymmetrical call termination charges for the benefit of the (...)

French Competition Authority The French Competition Authority clears a merger in the mobile telephony sector (France Télécom / Compagnie Européenne de Téléphonie)

116

The Autorité de la concurrence clears the acquisition by France Télécom of sole control of CET (Photo Service and Photo Station chain stores)*. The Autorité de la concurrence has examined France Télécom’s takeover of Compagnie Européenne de Téléphonie (CET). France Télécom is an integrated electronic (...)

French Competition Authority The French Competition Authority clears, subject to conditions, a merger in the regional daily press sector (Crédit Mutuel / Est Républicain)

128

The Autorité de la concurrence clears, subject to conditions, the proposed acquisition of sole control of the Est Républicain Group by the Crédit Mutuel*. The Autorité de la concurrence has examined the acquisition of the Est Républicain group by the Banque Fédérative du Crédit Mutuel (BFCM) . (...)

French Competition Authority The French Competition Authority clears, subject to conditions, a merger in the fuel and LPG distribution sector in the French West Indies and Guyana (Rubis / Chevron)

151

The Autorité de la concurrence clears under conditions the acquisition by Rubis Group of sole control of Chevron (Texaco)’s activities in the French West Indies and Guyana*. The Autorité de la concurrence has examined the Rubis Group’s takeover of Société Antillaise des Pétroles Chevron. The French (...)

French Competition Authority The French Competition Authority clears, subject to conditions, a merger on the retail sale of household appliances and consumer electronics sector (HTM / Saturn)

88

The Autorité de la concurrence clears, subject to conditions, the acquisition of French Saturn stores’ sole control by HTM (Boulanger stores)*. The Autorité de la concurrence has investigated the takeover by High Tech Multicanal Group (hereafter HTM) of Media Concorde SNC. Both companies are (...)

French Competition Authority The French Competition Authority fines four companies that rigged bids for procurement contracts in the sector for painting services for naval equipment and engineering structures (Grivetto / Philippe Lassarat / Prezioso-Technilor / Sorespi Bretagne)

127

The Autorité de la concurrence fines four companies that rigged bids for procurement contracts in the sector of painting services for naval equipments and engineering structures* After the French Minister of economy referred the file to it, the Autorité de la concurrence issues today a decision (...)

French Competition Authority The French Competition Authority sanctions the three main container handling companies in the Reunion island for having agreed on the prices of their services (SAMR / Somacom / SGM Manutention)

91

Press Release published on the official website of the French Competition Authority. The Autorité penalizes the three main container handling companies for having agreed on the prices of their services*. As it had indicated at the time of the publication of its two opinions relative to the (...)

French Competition Authority The French Competition Authority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)

306

The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and provide a response to the competitive stakes brought to light by the actors, without the (...)

French Competition Authority The French Competition Authority recommends a strict application of the exceptional legal provisions concerning the public awards of transport-related services (Grand Paris)

98

The Autorité de la concurrence recommends a very strict application of the exceptional legal provisions concerning the markets for engineering and delegation of project management.* The Syntec-Ingenierie professional association has concerns regarding the exceptional nature of the competition (...)

French Competition Authority The French Competition Authority issues a decision making compulsory commitments made by two companies to resolve competition concerns in the household plastic packaging waste treatment (Eco-Emballages / Valorplast)

159

Eco-Emballages and Valorplast commit to greater neutrality vis-à-vis local and regional administrations in order to ensure full competition between buyers.* Following a referral by DKT International, the Autorité de la concurrence issues today a decision making compulsory the commitments made by (...)

French Competition Authority The French Competition Authority accepts commitments in order to address competition concerns in the discount coupons sector (HighCo / Sogec / Perifem)

158

The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions* After a referral by the Institut de liaisons et d’études des industries de consommation (ILEC), and the company Ma Liste de Courses (MLDC), which complained of the (...)

French Competition Authority The French Competition Authority clears, under conditions, a merger in the sugar and spirits sector on Reunion Island (Tereos / Quartier Français)

161

The Autorité de la concurrence clears the acquisition of the Quartier Français Group by the Tereos Group, under certain conditions.* The Autorité de la concurrence has carefully examined the Tereos Group’s acquisition of the Quartier Français Group, that is primarily active in the sugar and spirits (...)

French Competition Authority The French Competition Authority issues an opinion on the introduction of a lawyer’s countersignature for private documents, after a request of chartered accountants

104

Press Release published on the official website of the French Competition Authority. The creation of a lawyer’s countersignature does not have an effect of harming competition in the market for consultation and drafting services for legal documents as provided to companies.* A referral for an (...)

French Competition Authority The French Competition Authority clarifies the opinion it provided to the French Telecommunications and Posts Regulator on high and very high speed Internet access coverage

130

The Autorité de la concurrence provides clarifications regarding the opinion that it provided to the ARCEP on the ramp-up of access speed.* On 22 December 2009, the Autorité de la concurrence provided the French Telecommunications and Posts Regulator (Autorité de Régulation des Communications (...)

French Competition Authority The French Competition Authority sanctions a professional association for having called for a boycott of opticians on the replacement of glasses without a prescription sector (Syndicat national des ophtalmologistes de France - SNOF)

129

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sanctions the French national association of ophthalmologists (Syndicat national des ophtalmologistes de France - SNOF) for having called for a boycott of opticians affiliated (...)

French Competition Authority The French Competition Authority clears, under conditions, a merger in the food retail distribution sector in French overseas territories (Hoio / Louis Delhaize)

90

The Autorité de la concurrence authorizes the acquisition of certain companies of the Louis Delhaize distribution group by the Hoio group, subject to the sale of a store in Martinique.* The Autorité de la concurrence has examined the Hoio group’s acquisition of certain companies from the Louis (...)

French Competition Authority The French Competition Authority rejects the request for interim measures to address competition concerns on the terrestrial Hertzian broadcasting of television programs by digital signal (Itas Tim / TDF)

211

The Autorité de la concurrence does not declare emergency measures against TDF but continues the investigation on the merits regarding the complaint by Itas Tim.* The company Itas Tim had referred to the Autorité de la concurrence relative to practices implemented by the TDF company in the (...)

French Competition Authority The French Competition Authority clears, subject to conditions, a merger in the sector of distribution of DIY, decoration and gardening items (Mr Bricolage / Passerelle)

163

Subject to several conditions, the Autorité de la concurrence authorizes the acquisition of the Passerelle group by Mr Bricolage.* The Autorité de la concurrence has examined the acquisition of the Passerelle group by the Mr Bricolage group, both of which are active in the sector of the (...)

French Competition Authority The French Competition Authority issues five new favorable opinions on derogating agreements regarding the new rules for payment timeframes in the stationery, canned foods, tires, pets and two-wheeled vehicles industries

75

Press Release published on the official website of the French Competition Authority. Payment timeframes : The Autorité de la concurrence has issued five new favorable opinions regarding derogating agreements in the industries of stationery, canned foods, tires, pets and two-wheeled vehicles.* (...)

French Competition Authority The French Competition Authority sanctions a professional association for having urged to territorial monopolies for dispensing pharmacists (Ordre des pharmaciens de Basse-Normandie)

111

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence condemns the Regional Council of the Ordre des pharmaciens de Basse-Normandie for urging a retirement home to use the pharmacies that are closest to it.* Referred to by a (...)

French Competition Authority The French Competition Authority issues a opinion favourable to the strengthening of the ex-ante regulation on the wholesale audiovisual broadcasting services market

99

Press Release published on the official website of the French Competition Authority. Wholesale audiovisual broadcasting services market : The Autorité de la concurrence delivers an opinion to the ARCEP in which it declares itself favourable to the strengthening of the ex-ante regulation.* In (...)

French Competition Authority The French Competition Authority issues two new favourable opinions on inter-branch agreements granting dispensation from the new rules on payment timeframes in the building and civil engineering materials-products and sanitary-heating-electrical equipment sectors

113

Press Release published on the official website of the French Competition Authority. Payment timeframes : The Autorité de la concurrence issues two new favourable opinions concerning derogating agreements in the building and civil engineering materials-products and sanitary-heating-electrical (...)

French Competition Authority The French Competition Authority accepts the commitments made by the telecommunications incumbent to address competitions concerns about the marketing of its wholesale broadband offers (Mediaserv / France Télécom)

154

Marketing of wholesale broadband offers : France Télécom makes commitments before the Autorité de la concurrence, designed to improve the quality of services provided to third-party operators in France’s overseas départements.* Following a complaint by the company Mediaserv, the Autorité de la (...)

French Competition Authority The French Competition Authority issues a favourable opinion regarding three derogating inter-professional agreements relative to the new rules on payment timeframes in the toy, DIY and watch making-jewellery sectors

275

Press Release published on the official website of the French Competition Authority. Payment timeframes : The Conseil de la concurrence has issued a favourable opinion regarding the derogating agreements signed in the toy, DIY and watch making-jewellery sectors.* Referred to by the Minister (...)

French Competition Authority The French Competition Authority fines several professional associations of dental surgeons for practices of boycott (Conseil national de l’Ordre des chirurgiens-dentistes)

114

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the National Board of the French Dental Surgeons Association (Conseil national de l’Ordre des chirurgiens-dentistes) and several of its regional boards for encouraging dental (...)

French Competition Authority The French Competition Authority sanctions a taxi association and some of its members for colluding to prevent new taxis from setting up in the département of Alpes-de-Haute-Provence (Syndicat d’artisans et entrepreneurs de taxis des Alpes-de-Haute-Provence)

96

Anticompetitive agreement between taxi operators in the Alpes-de-Haute-Provence département : The Conseil de la concurrence sanctions a taxi association and some of its members for colluding to prevent new taxis from setting up in the département.* The Conseil has handed down a decision, (...)

French Competition Authority The French Competition Authority issues an opinion relative to the economic organisation of the sector of fruit and vegetable processing industry (Ministre de l’agriculture et de la pêche)

91

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence encourages fruit and vegetable producers to organise themselves in order to strengthen their market power against distributors and reduce the offer’s uncertain nature, on condition (...)

French Competition Authority The French Competition Authority fines seven physicians’ unions for conspiring to increase fees for patient visits (Union des médecins spécialistes confédérés)

97

Press Release published on the official website of the French Competition Authority. Sector 1 Specialist Physicians Overcharging Fees : The Conseil de la concurrence fines 7 physicians’ unions for conspiring to increase fees for patient visits.* Pursuant to an action brought by the Rural (...)

French Competition Authority The French Competition Authority fines five defibrillator manufacturers for agreeing to boycott a nation-wide call for tender organised by 17 hospitals (Biotronik France)

142

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines five defibrillator manufacturers for agreeing to boycott a nation-wide call for tender organised by 17 hospitals.* The Conseil de la concurrence issues a decision against (...)

French Competition Authority The French Competition Authority accepts some commitments to address competition concerns on the sector of distribution of medicines (GlaxoSmithKline) (Pfizer)

203

Press Release published on the official website of the French Competition Authority. Distribution of medicines : GlaxoSmithKline and Pfizer commit themselves in front of the Conseil on the operating of their medicine quota system for wholesale distributors.* History of the case Following (...)

French Competition Authority The French Competition Authority sanctions an association of undertakings for having abused of its dominant position by conditioning the access to film distributors to certain areas (GIE Ciné Alpes)

103

Running of cinemas : The Conseil de la concurrence condemns the GIE Ciné Alpes for having conditioned the access to certain distributors to areas where it had a monopoly to the obtaining of exclusivity or priorities in areas where it was in competition with other cinema owners.* Following a (...)

French Competition Authority The French Competition Authority orders interim measures particularly to address denigration practices implemented in the pharmaceutical sector (Arrow / Schering-Plough)

147

The Conseil de la concurrence orders Schering Plough laboratory to remind doctors and pharmacists the exact bioequivalence of its brand name drug Subutex® with competing generic drugs* Following a complaint by Arrow Génériques company for practices implemented by Schering Plough laboratory, at (...)

French Competition Authority The French Competition Authority accepts the commitments made by the French energy incumbent to address competition concerns regarding the wholesale electricity supplies for retail sale (Direct Energie / EDF)

199

Deregulation in the market for electricity supplies : A new wholesale offer proposed by EDF will allow alternative retail suppliers to effectively compete with the incumbent operator’s retail sales on the free market.* Following a complaint filed by Direct Energie on 22 February 2007, (...)

French Competition Authority The French Competition Authority dismisses a complaint regarding an alleged abuse of dominant position on the market for passenger transport between Paris and London (Eurostar)

159

Paris-London : The Conseil de la concurrence considers that Eurostar did not adopt a predatory behaviour aimed at eliminating competition.* Following a complaint filed by British Airways on 18 November 2004, concerning an alleged abuse of dominant position on the part of the SNCF and Eurostar (...)

French Competition Authority The French Competition Authority fines an Internet operator for implementing discriminatory practices on the high-speed internet access market (France Télécom / Wanadoo)

126

After a negotiated settlement with the company, the Conseil de la concurrence imposes €45m fine on France Telecom for having hindered the development of internet access providers competing with its Wanadoo subsidiary* Following the referrals by T-Online and Liberty Surf companies, respectively (...)

French Competition Authority The French Competition Authority accepts commitments in order to address competition concerns regarding the remuneration of press distributors (NMPP / SAEM-TP)

73

The Conseil de la concurrence considers that the new complementary remuneration system proposed by NMPP meets the competition concerns.* In a decision of 9 October 2007, the Conseil de la concurrence has accepted the commitments taken by Nouvelles Messageries de Presse Parisienne (NMPP) and by (...)

French Competition Authority The French Competition Authority sanctions several companies for having entered into an agreement in the market for high voltage electric cables (Nexans / Safran)

171

Press Release published on the official website of the French Competition Authority. Agreement on the market for high voltage electric cables : The Conseil de la concurrence penalizes the major cable suppliers to €19.5 million for making an agreement during two successive invitations to bid (...)

French Competition Authority The French Competition Authority sanctions a chocolate manufacturer for preventing distribution retailers from stocking up from the supplier of their choosing (Léonidas)

185

Press Release published on the official website of the French Competition Authority. Chocolate distribution : The Conseil de la concurrence penalizes Léonidas to €120, 000 for preventing distribution retailers from stocking up from the supplier of their choosing.* Following a referral by the (...)

French Competition Authority The French Competition Authority orders interim measures to address practices implemented by the incumbent operator on the terrestrial broadcasting of FM radio stations and analogical and digital TV sector (Towercast / TDF)

209

Terrestrial broadcasting of FM radio stations and analogical and digital TV : The Conseil de la concurrence orders TDF to propose to towerCast a new wholesale hosting offer for broadcasting FM from the Eiffel Tower site in order to allow the company to effectively compete with the incumbent (...)

French Competition Authority The French Competition Authority accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system he more flexible for wholesale distributors (Boehringer-Ingelheim / Sanofi-Avantis)

184

Press Release published on the official website of the French Competition Authority. Distribution of medicines : The Conseil accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system more flexible for wholesale distributors.* History of the case (...)

French Competition Authority The French Competition Authority accepts commitments but fines two companies for having entered into an agreement on the sector of laundry cleaning and renting (Elis / Initial BTB)

101

Press Release published on the official website of the French Competition Authority. Agreement in the sector of laundry cleaning and renting fined up to 18 million euros : The Conseil de la concurrence accepts innovative commitments from the sector’s two leaders - Elis and Initial BTB – who will (...)

French Competition Authority The French Competition Authority orders interim measures aiming at ending the eviction practices of the French incumbent on the market of engineering, consultancy and checking of private telephone installations (Solutel / France Télécom)

155

The Conseil de la concurrence orders France Télécom to end its eviction practices on the market of engineering, consultancy and checking of private telephone installations.* Following a referral of November 2006 by the company Solutel, the Conseil de la concurrence has handed down a decision, (...)

French Competition Authority The French Competition Authority sanctions several professional associations for having implemented anticompetitive practices on the cereal collection sector (Coopérative drômoise de céréales)

87

Press Release published on the official website of the French Competition Authority. Sector for cereal collection : The Conseil de la concurrence penalizes 3 farming organisations for having distributed a price table for corn drying and 4 collecting cooperatives for having restricted (...)

French Competition Authority The French Competition Authority imposes interim measures to address practices implemented by the incumbent operator on the sector of terrestrial analogical broadcasting of TV services (Emettel / TDF)

160

Terrestrial analogical broadcasting of TV services : Conseil de la concurrence imposes interim measures against TDF and orders not to prevent TV channels from entrusting to other operators the broadcasting of their programmes from secondary network sites.* Following a referral on December 2006 (...)

French Competition Authority The French Competition Authority refuses to order interim measures regarding alleged eviction practices implemented in the sector of shipping transport between Corsica and the continent (CMN / SNCM)

205

Renewal of public service delegation contract / Corsica-Marseilles : New referral by Corsica Ferries : Conseil de la concurrence does not order interim measures but decides to continue the examination on the merits.* Following a referral by Corsica Ferries against practices implemented by CMN (...)

French Competition Authority The French Competition Authority sanctions two French cement manufacturers for an exclusive supply agreement which disadvantaged foreign competitors (Lafarge Ciments / Vicat)

158

Press Release published on the official website of the French Competition Authority. Supply and distribution of cement in Corsica : Conseil de la concurrence imposes fine of €25 million on cement manufacturers Lafarge and Vicat, and their distributors, for keeping for themselves the supply of (...)

French Competition Authority The French Competition Authority accepts the commitments taken by 10 companies of the cosmetic industry to introduce more competition into online sale of their products (Bioderma & Rogé Cavaillès)

297

Press Release published on the official website of the French Competition Authority. Conseil de la concurrence facilitates online sale of cosmetic products : 10 companies of the cosmetic industry committed to introduce more competition into online sale of their products.* The Conseil de la (...)

French Competition Authority The French Competition Authority sanctions a company for agreeing with distributors to have set a single resale price in the sector of game consoles and video games (PlayStation 2)

120

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence penalizes Sony Computer Entertainment France for agreeing with distributors to have set a single resale price on Play Station 2 during French launching.* Following a referral by (...)

French Competition Authority The French Competition Authority sanctions several companies for having entered into an agreement in the sector for the collection and the treatment of wastes in Seine-Maritime (Veolia Propreté / Sita France)

151

Press Release published on the official website of the French Competition Authority. Agreement in the sector for the collection and the treatment of wastes in Seine-Maritime : As part of a negotiated settlement, subsidiaries of Veolia Propreté and Sita France benefited from extenuating (...)

French Competition Authority The French Competition Authority accepts the commitments made to address competition concerns regarding the access of local radios to national advertisement (GIE Les Indépendants)

102

Access of local radios to national advertisement : The Conseil de la concurrence accepts the commitments of GIE Les Indépendants.* In its decision dated October 6th 2006, the Conseil de la concurrence has accepted the commitments proposed by the GIE (economic interest group) Les indépendants, (...)

French Competition Authority The French Competition Authority accepts commitments proposed to address competition concerns in the sector of directory assistance via telephone and Internet (France Télécom / PagesJaunes)

130

Directory assistance via telephone and Internet : The Conseil de la concurrence accepts commitments proposed by France Télécom andPages Jaunes and decides to close the case.* Following a referral in January 2006 by the company 118 218 Le Numéro, which provides directory assistance services, the (...)

French Competition Authority The French Competition Authority sanctions 34 building and civil engineering companies for engaging in widespread anti-competitive agreements involving public procurement contracts in the Ile-de-France area (Ile-de-France Public works)

97

The Drapo software case : 34 building and civil engineering companies have been fined a total of 48 million euros by the Conseil de la Concurrence for engaging in widespread anti-competitive agreements involving public procurement contracts in the Ile-de-France (Greater Paris) area.* The (...)

French Competition Authority The French Competition Authority orders interim measures to address anticompetitive practices implemented in the press distribution sector (NMPP & SAEM-TP)

111

Press distribution : The Conseil de la concurrence orders NMPP and SAEM-TP to temporarily suspend the application of a new interprofessional protocol reached with press distributors.* In September 2005, the Conseil de la concurrence received a complaint from the companies “Messageries (...)

French Competition Authority The French Competition Authority accepts commitments to address competition concerns in the press distribution sector in New Caledonia and French Polynesia (NMPP)

142

Press distribution : NMPP offers the Conseil de la concurrence a commitment to introduce prices enabling independent exporters to distribute press in New Caledonia and French Polynesia under economically viable conditions.* As part of litigation proceedings brought by the company Export Press (...)

French Competition Authority The French Competition Authority decides to close the proceedings following agreements between two phone companies regarding the use of commercial designations (France Télécom & Cégetel)

116

Use of "Numéro vert", "Numéro Azur" and "Numéro Indigo" commercial designations by competitors of France Télécom : Following an agreement between France Télécom and Cégétel, the provisions of which have been extended to cover all operators, the Conseil de la concurrence has decided to close the (...)

French Competition Authority The French Competition Authority hands down a non-suit decision regarding alleged abuse of dominant position in the parallel trade of medicines (Pharma-Lab / GlaxoSmithKline)

178

Parallel trade in medicines : Pharmaceutical laboratories do not abuse their dominant position when they restrict or refuse deliveries of medicines to exporters, who seek to purchase products in France at an administered price,in order to then sell them on in another country at a higher price.* (...)

French Competition Authority The French Competition Authority sanctions several companies for having engaged in vertical price agreements regarding the distribution of video cassettes for children (Disney video cassettes)

170

Press Release published on the official website of the French Competition Authority. Disney video cassettes for children : The Conseil de la concurrence fines the companies BVHE, Casino, Carrefour and SDO for engaging in vertical price agreements.* Following a referral from the Ministry of (...)

French Competition Authority The French Competition Authority sanctions six building and civil engineering companies for having entered into a complex and continuous agreement during the awarding of public roadworks contracts (Roadworks in the Seine-Maritime département)

151

Press Release published on the official website of the French Competition Authority. Roadworks in the Seine-Maritime département : The Conseil de la concurrence imposes fines totalling 33.6 million Euros on six building and civil engineering companies specializing in the supply of bituminous (...)

French Competition Authority The French Competition Authority issues an opinion on a proposed system to enable intensive industrial electricity users to benefit from special electricity pricing conditions

82

Press Release published on the official website of the French Competition Authority. Electricity purchases by intensive industrial users : The Conseil de la concurrence is not opposed to the principle of long-term contracts but considers that the selection of industrial users should be based (...)

French Competition Authority The French Competition Authority issues an opinion regarding potential competition problems raised by the planned privatisation of mixed-economy motorway operators

97

Press Release published on the official website of the French Competition Authority. Motorway Privatisation : The Conseil de la concurrence considers that the regulation of private monopolies resulting from privatisation will create difficulties unless a series of obligations are imposed on (...)

French Competition Authority The French Competition Authority dismisses a complaint regarding competition concerns on the market of passenger transport to the Isle of Saint Honorat (Cistercian monks of the Isle of Saint Honorat)

84

The Conseil de la concurrence rules that the Cistercian monks of the Isle of Saint Honorat did not ignore competition law by restricting passenger transport to and from the island exclusively to a company under their control.* In a decision dated 8th November 2005, the Conseil de la (...)

French Competition Authority The French Competition Authority sanctions the dominant operator of the market for street advertising furniture for having broken injunctions (Decaux Group)

70

The market for street advertising furniture : The Conseil de la concurrence fines the Decaux Group 10 million Euros for breach of injunctions.* Context of the case The Conseil de la concurrence has penalized the Decaux Group for breaching certain injunctions handed down against it in 1998 (...)

French Competition Authority The French Competition Authority sanctions a company and its distribution network for anticompetitive agreements and abuse of dominant position in the dog food market (Royal Canin)

179

Press Release published on the official website of the French Competition Authority. Anticompetitive agreements and abuse of dominant position in the dog food market : The Conseil de la concurrence fines Royal Canin and distribution network a total of 5,000,000 Euros.* Following a referral (...)

French Competition Authority The French Competition Authority sanctions 11 building and civil engineering companies for having entered into an anticompetitive agreement (Public works in the Meuse département)

115

Press Release published on the official website of the French Competition Authority. Public works in the Meuse département : The Conseil de la concurrence finds 11 building and civil engineering companies guilty of entering into an anticompetitive agreement and imposes fines totalling 7 million (...)

French Competition Authority The French Competition Authority sanctions 21 building and civil engineering companies for having entered into an anticompetitive agreement during the awarding of contracts to construct civil engineering structures on the A84 motorway (Estuaries Road)

129

Press Release published on the official website of the French Competition Authority. The A84 motorway, known as the "Estuaries Road" : The Conseil de la concurrence finds 21 building and civil engineering companies guilty of entering into an anticompetitive agreement and imposes fines (...)

French Competition Authority The French Competition Authority accepts the commitments of the authors’ rights collective management society to address competition concerns in this sector (Société des auteurs et compositeurs dramatiques)

101

Authors can now separate the rights they entrust to the SACD (Society of Dramatic Authors and Composers). The Conseil de la concurrence accepts the SACD’s commitments and decides to close the case.* In an action disputed against the Société des auteurs et compositeurs dramatiques (SACD) , the (...)

French Competition Authority The French Competition Authority issues an opinion on the conditions in which a basic banking service might be set up (Confédération de la Consommation du Logement et du Cadre de Vie)

115

Press Release published on the official website of the French Competition Authority. Universal banking service and competition rules : The Conseil de la concurrence issues its opinion at the request of the CLCV.* The Conseil received a referral from the Confédération de la Consommation du (...)

French Competition Authority The French Competition Authority rejects a request for interim measures regarding practices in the sector for advertising displays on the rail network and in the sector for passengers transport between Paris and London (Eurostar / SNCF / France Rail Publicité)

166

Complaint by British Airways against Eurostar, the SNCF and France Rail Publicité. The Conseil de la concurrence rejects the request for interim measures filed by British Airways.* On 18th November 2004, the Conseil de la concurrence received a complaint from British Airways, regarding an (...)

French Competition Authority The French Competition Authority orders interim measures regarding alleged abuses of dominant position in the mobile or fixed telephony sector and anticompetitive practices in the French overseas départements (Orange Caraïbe)

137

Mobile telephony in Martinique, Guadeloupe and Guyana - The Conseil de la concurrence hands down interim measures against Orange Caraïbe.* On 9th July 2004, the Conseil de la concurrence received a complaint from the mobile telephony operator Bouygues Télécom Caraïbe. The complainant claimed that (...)

French Competition Authority The French Competition Authority imposes a reduced fine to the French post office and mail order companies for having implemented anticompetitive discounts in their contracts (La Poste)

166

Anticompetitive discounts in contracts between the French post office, La Poste, and mail order companies - The Conseil de la concurrence notes the undertakings given by La Poste and reduces the penalties imposed by 90%.* The practices concerned In response to a request by the Minister of (...)

French Competition Authority The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for Internet music downloads and digital walkmans (Apple Computer France)

152

Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence received a complaint from the company VirginMega regarding practices by the company Apple (...)

French Competition Authority The French Competition Authority rejects a request for interim measures submitted to address alleged competition concerns in the sector for on-line travel deals (Lastminute.com)

145

Press Release published on the official website of the French Competition Authority. On-line travel deals - The Conseil de la concurrence rejects a request for interim measures submitted by the company Lastminute.com, but pursues the investigation of the case on the merits.* On 25th June (...)

French Competition Authority The French Competition Authority issues an opinion on the conditions in which the telecommunication incumbent exercises its access operation activity on the one hand, and its telecoms system installation and maintenance activity on the other hand (France Télécom)

90

Integration of Cofratel into France Télécom - In response to a request for opinion by the FICOME, the Conseil recommends unbundled accounts and information.* The FICOME’s request On 3rd March 2004, the Conseil de la concurrence received a request for opinion from the FICOME (Federation (...)

French Competition Authority The French Competition Authority issues an opinion on the telecommunication incumbent’s standard "Département innovant" convention (France Télécom)

100

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence delivers the opinion the ART requested on France Télécom’s standard "Département Innovant" convention.* Following a referral by the Autorité de Régulation des Télécommunications (ART, (...)

French Competition Authority The French Competition Authority fines the dominant operator on the market for supplying street furniture to local and regional administrations for having abused its position (Decaux group)

91

The Conseil de la concurrence fines the Decaux group for abuse of a dominant position.* Following a referral by the company More group France, the Conseil de la concurrence has found the Decaux group guilty of abusing its dominant position, and fined it a total of 700,000 Euros. The market (...)

French Competition Authority The French Competition Authority fines the telecommunication incumbent for having broken the injunction issued against it as part of interim measures (France Télécom)

160

ADSL Broadband Internet Access : the Conseil de la concurrence fines France Télécom 20 millions Euros.* Following a referral by the company 9 Télécom, the Conseil de la concurrence has fined France Télécom for breaching the injunction issued against it as part of interim measures handed down on 18th (...)

French Competition Authority The French Competition Authority sanctions a leading producer for having abused its dominant position in the blue-veined cheese sector (SOCIETE Group)

89

The Conseil de la concurrence penalises the Société des Caves et des Producteurs Réunis de Roquefort (SOCIETE Group) for abuse of a dominant position and hands down a fine of 5 million euros.* Following a referral by the Minister of Economy, Finance and Industry in December 2000, the Conseil de (...)

French Competition Authority The French Competition Authority issues an opinion concerning the regulations governing taxi activity (Fédération Nationale des taxis indépendants)

55

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence issues an opinion on the taxi sector.* Following a referral by the Fédération Nationale des taxis indépendants (National Independent Taxi Federation), the Conseil de la concurrence (...)

French Competition Authority The French Competition Authority sanctions the telecommunication incumbent for having broken injunctions ordered to address an abuse of a dominant position on the market for trade in telephone subscriber lists (France Télécom)

124

Universal directory : France Télécom sanctioned by the Conseil de la concurrence for breaching an injunction.* Following a referral by the companies Sonera France (now Fonecta) and Scoot France, the Conseil de la concurrence imposed fines totalling 40 million Euros as part of breach of (...)

French Competition Authority The French Competition Authority sanctions a laboratory for having abused its dominant position in the market for certain medicinal products intended for hospitals (Sandoz laboratories)

232

Laboratoires SANDOZ sanctioned for abusing their monopoly in the cyclosporin market.* In a decision dated 24th July, 2003, the Conseil de la concurrence imposed sanctions on laboratoires SANDOZ (which has now become NOVARTIS Pharma SA) for abuse of a dominant position, and fined them a sum of (...)

French Competition Authority The French Competition Authority sanctions major oil companies for having entered into agreements on the market of fuel distribution on motorways (Total Fina Elf France)

259

Fuel distribution on motorways : the Conseil de la concurrence hands down sanctions against the major oil companies.* In a decision dated 31st March, 2003, following a referral by the Minister of Economy, the Conseil de la concurrence handed down sanctions against the company Total Fina Elf (...)

French Competition Authority The French Competition Authority fines three companies for implementing anticompetitive practices in the hospital medical gas sector (Air Liquide santé France)

103

Press release published on the official website of the French Competition Authority. Medical gases for use in hospitals : the Conseil de la concurrence sanctions practices by two subsidiaries of the Air Liquide Group* Following a referral from the Minister of Economy, Finance and Industry, (...)

French Competition Authority The French Competition Authority closes a case in the mobile telephony sector but does not exclude the anticompetitive character of the practices (Orange France)

113

Orange France renounced to overcharge the calls of its consumers towards its competitors, the Conseil de la concurrence decided to close the case* On September 15 2002, Orange France1, implemented a new call billing system : the per second billing (the call is billed per second and not per (...)

French Competition Authority The French Competition Authority asks the Minister of Economy to conduct a review after establishing that two companies have abused their dominant position in the markets for water and purification (Compagnie générale des eaux and Lyonnaise des eaux)

84

Water market : the Conseil de la concurrence asks the Minister to raise questions over the joint subsidiaries of CGE and SLDE* In a decision dated 11th July 2002, the Conseil de la concurrence, which had assumed jurisdiction at its own initiative, established that the companies Compagnie (...)

French Competition Authority The French Competition Authority fines distributors and manufacturers for implementing anticompetitive agreements in the electrical appliances and audiovisual equipment market (Thomson and Akaï)

76

Press release published on the official website of the French Competition Authority. Electrical appliances and audiovisual equipment : the Conseil de la concurrence penalises an agreement between the main distributors and certain manufacturers* In a decision dated 28th June 2002, the Conseil (...)

French Competition Authority The French Competition Authority fines telecom incumbent for having abused its dominant position in the telephony sector (France Télécom)

84

France Télécom fined 40 million FF for abuse of a dominant position* In a decision dated 23rd July 2001, issued in response to a complaint filed in 2000 by the Autorité de régulation des télécommunications (Telecommunications Regulation Authority), the Conseil de la concurrence found that, in 1999, (...)

French Competition Authority The French Competition Authority fines three main distributors of vouchers for implementing anticompetitive market sharing and price agreements in the luncheon-vouchers market (Accor, Sodhexo and Chèque-déjeuner)

87

Press release published on the official website of the French Competition Authority. Agreement in the market for luncheon-vouchers : the Conseil de la concurrence penalises the three main distributors of vouchers* In a decision dated 11th July 2001, following a referral by the Minister of (...)

French Competition Authority The French Competition Authority fines several construction companies for implementing anticompetitive market sharing and price agreements in the Côte d’Or department (Dijon Béton, Maggioni, Doras Matériaux, Pagot et Savoie & Bloc Matériaux)

63

Press release published on the official website of the French Competition Authority. Price agreements and market sharing : the Conseil de la concurrence penalises producers and distributors of concrete and related products* In a decision dated 28th June 2001, following a referral by the (...)

French Competition Authority The French Competition Authority issues opinion on the conditions in which there may be possible concertation between consumer associations and representatives of a professional sector (Federal Union of Consumers)

63

Concertation between consumer associations and the banking profession : the Conseil de la concurrence issues its opinion* Following a request for opinion by the Union Fédérale des Consommateurs (Federal Union of Consumers), the Conseil de la concurrence specified the conditions in which there (...)

French Competition Authority The French Competition Authority fines TV channel for implementing market share discounts practices in the sales of television advertising space sector (TF1 / Canal plus)

63

Practices of market share discounts in the sector for sales of television advertising space : the Conseil de la concurrence sanctions TF1* In a decision dated 13th February 2001, following a request from the company Canal Plus, the Conseil de la concurrence ruled on the practice of market (...)

French Competition Authority The French Competition Authority fines major banks and credit establishments for implementing an anticompetitive agreement in the sector of property loans for private individuals (Crédit Agricole / Crédit Lyonnais / Société Générale)

111

Several major banks and credit establishments penalised for having implemented an anticompetitive agreement in the sector for property loans to private individuals in 1993 and 1994* In a decision dated 19th September 2000, the Conseil de la concurrence penalised several major banks and credit (...)

French Competition Authority The French Competition Authority fines a professional organization for organizing a boycott action against imports of Spanish strawberries (Coordination rurale du Lot-et-Garonne / French Federation of Fruit and vegetable Importers)

59

Press release published on the official website of the French Competition Authority. Practices implemented in the sector for fruits and vegetables* In a decision dated 22nd February 2000, the Conseil de la concurrence ruled on a referral by the Fédération française des importateurs de fruits et (...)

French Competition Authority Glossaire : Dommages

1096

(...) Pour des raisons d’équité, il est essentiel aux yeux de l’Autorité que les consommateurs puissent obtenir réparation des préjudices qu’ils ont subis. Les actions de groupe permettent de rééquilibrer le rapport de force entre des entreprises puissantes (souvent de grands groupes) et des (...)

French Competition Authority Glossaire : Enquêtes / perquisitions

1075

Les rapporteurs des services d’instruction de l’Autorité de la concurrence et les agents de la DGCCRF disposent de compétences très étendues. Ils peuvent procéder à toute enquête nécessaire à l’application des règles de concurrence prévues par le code de commerce en établissant des procès‐verbaux et des (...)

European Commission, French Competition Authority Glossaire : Plainte

7674

Demande introduite par une personne physique ou morale faisant valoir un intérêt légitime, afin que la Commission examine une prétendue infraction au droit européen de la concurrence et y mettre fin. Dans le cas du dépôt d’une plainte formelle, la Commission est appelée à statuer (c’est-à-dire soit à (...)

French Competition Authority Glossaire : Enquête sectorielle

1642

Lorsque l’évolution des échanges entre États membres, la rigidité des prix ou d’autres circonstances font présumer que la concurrence peut être restreinte ou faussée à l’intérieur du marché commun, la Commission peut mener son enquête sur un secteur particulier de l’économie ou un type particulier d’accords (...)

French Competition Authority Glossaire : Prix

2792

(...) En économie de marché, les prix sont fixés par le libre jeu de l’offre et de la demande et constituent un signal important pour la prise de décision des acteurs économiques, tant producteurs que consommateurs : par exemple, une hausse de prix peut signaler une situation de rareté, incitant (...)

European Commission, French Competition Authority Glossaire : Clémence

14450

Terme générique désignant la réduction totale ou partielle du montant des amendes infligées aux entreprises qui coopèrent avec les autorités de concurrence dans le cadre d’enquêtes sur des ententes. Actuellement, le programme de clémence de la Commission est constitué par sa communication de 2006 sur (...)

European Commission, French Competition Authority Glossaire : Amende

17702

(...) La sanction n’est pas une fin en soi. Elle constitue l’un des outils dont dispose l’Autorité pour faire respecter le droit de la concurrence et est par conséquent utilisée pour les infractions graves. Effectives et dissuasives, les sanctions doivent être proportionnées. Les critères qui (...)

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