As part of the development of competition, and in accordance with the recommendations issued by the National Competition Authority in 2012, New Caledonia adopted a law of the country on April 24, 2014 which makes it possible to entrust an independent administrative authority with the responsibility to implement all the tools for controlling and regulating competition in New Caledonia. The New Caledonia Competition Authority (ACNC) took office on March 2, 2018. The New Caledonia Competition Authority is an independent administrative authority, created by the country’s law of April 24, 2014, chaired and led by independent personalities. Since the law of the country of January 20, 2020, the powers of this collegiate institution are exercised by five members, the president and four non-permanent members .
22
First visit and seizure operation for the ACNC* The general rapporteur of the ACNC indicates that an unannounced visit and seizure operation was carried out in the sectors of supply and wholesale distribution of consumer products in New Caledonia. The ACNC’s investigation service carried (...)
23
The ACNC sanctions an abuse of dominant position in the fireworks sector* The Authority sanctions the company Interdis for having exploited, in an abusive manner, its monopoly position on the market for the supply of pyrotechnic products in New Caledonia, through practices of implicit (...)
20
The ACNC unconditionally authorizes the acquisition of the company CCC (Hilton) by the Jean-Pierre Cuenet group* In this decision, the Authority unconditionally authorizes the takeover of exclusive control of the company Compagnie des Chargeurs Calédoniens SA by the Jean-Pierre Cuenet group. (...)
74
The Authority authorizes the purchase of the “Auchan Belle Vie” store and its change of brand in favor of “Cap Fraicheur”* On July 10, 2023, SARL BV Distribution notified the Authority of a file relating to the acquisition of the business operated by SARL CMK Distribution under the brand (...)
759
The Autorité sanctions an exclusive import agreement and a cartel in the sector of importing food products of Asian origin* In October 2021, the company International Foodies seized the Autorité of anti-competitive practices implemented in the sector of the import and distribution of food (...)
483
The ACNC authorizes, by way of derogation, the takeover of the Auchan Belle-Vie store in Nouméa, before its final decision* On July 10, 2023, the company BV Distribution notified the Authority of a file relating to the acquisition of the goodwill of the company CMK Distribution, operating (...)
127
The Paris Administrative Court of Appeal confirms the Authority’s decision to authorize the two Hyper U of the Ballande group* In two judgments of April 13, 2023, the Paris Administrative Court of Appeal has just confirmed in all respects the decisions of the Authority n°2020-DEC-08 and (...)
249
The Autorité sanctions an exclusive import agreement in the sector of import and distribution of electronic cigarettes* In a decision of March 1, 2023, the Autorité sanctions the company New Smart Vibes Import (NSVI) for having benefited from exclusive import rights on disposable electronic (...)
85
The Autorité clears the takeover of Espace Pro and Société Calédonienne de Location by Gladius* Under the terms of this decision, the Autorité authorizes the acquisition of exclusive control of the companies Espace Pro SASU and Société Calédonienne de Location SASU by the company Gladius (...)
210
The New Caledonia Competition Authority (ACNC) issues a submission on the territory’s air transportation sector* Background With fares consistently 40 to 80% higher than in neighbouring countries, the air transportation market in New Caledonia, although legally open, does not genuinely (...)
74
The Autorité clears the acquisition of Technicar by Johnston et Compagnie* The Autorité authorized the takeover of SARL Société d’Exploitation Technicar by Johnston & Compagnie SAS. Johnston & Compagnie is owned by SARL Holding Groupe Jeandot, which heads the group of companies (...)
68
Authorization of the joint takeover of SARL Socafer and Socabat by the Arbor group and the PH Cuenet group* In this decision, the Autorité unconditionally authorizes the takeover of joint control of SARL Socafer and SARL Socabat by Mr. Paul Halbedel (Arbor group) and Mr. Pierre-Hubert (...)
70
Authorization subject to commitments for the acquisition of Sifrais by Océanie Investissements* By this decision, the Autorité authorizes the acquisition of exclusive control of the company Sifrais SAS by the SARL Société Océanienne d’Etudes, d’Investissement et d’Entreprises, subject to (...)
71
Sanctions in the medical devices sector for exclusive import agreement practices (decision no. 2022-PAC-06 of August 29, 2022)* Under the terms of this decision, the Autorité sanctions the companies Médi-Services, Medline, Thermo Fisher Diagnostics, Medicrea International SAS, Sebia SA and (...)
30
Notice relating to the interpretation of the rules relating to the formalism of the commercial relationship (no. 2022-A-03 of July 13, 2022)* This opinion responds to a request for an opinion made by the Federation of Industries of New Caledonia (FINC) on November 30, 2021 concerning the (...)
64
Dismissal for cartel but penalty for abuse of a dominant position by the Mutuelle du nickel for denigration to the tune of 2.5 MF in the sector of the distribution of optical equipment and medical eyewear (Decision No. 2022-PAC- 04 rect of 6/30/22)* Following the complaint of the union of (...)
36
Authorization subject to commitments for the acquisition of the business of the "Johnston" hypermarket by the Aline group (decision no. 2022-DCC-02 of June 28, 2022)* In its decision n° 2022-DCC-02 of June 28, 2022, the Autorité authorizes, subject to compliance with four commitments, made (...)
55
Sanction of the company Transfunéraire for abuse of a dominant position in the funeral directors sector (decision no. 2022-PAC-03 of May 17, 2022)* In its decision n° 2022-PAC-03 of May 17, 2022, the Competition Authority sanctions the company Transfunéraire, on the basis of article Lp. (...)
44
Penalty of the company Pompes Funèbres Calédoniennes (PFC) for abuse of a dominant position and for an agreement with the company AZ Décès (decision no. 2022-PAC-02 of May 17, 2022)* In its decision n° 2022-PAC-02 of May 17, 2022, the Authority sanctions the company Pompes Funèbres (...)
52
SODEC (Burger King) fined 6MF for three practices restricting competition in the beverage sector (decision no. 2022-PCR-01 of April 20, 2022)* Société de Développement Calédonienne (hereinafter, “SODEC”) is a company active in the fast-food sector, whose activity consists of operating (...)
67
Competition in the cinema sector : the SECH (Cinécity) "succeeds in its appeal" before the Paris Court of Appeal, which confirms in all respects the decision of rejection and inadmissibility of the Authority of October 5, 2020* In a judgment of March 24, 2022, the Paris Court of Appeal (...)
54
Penalty of FCFP 54 million for illegal agreement on prices and discounts in the agricultural sector by the companies Agridis, Agicenter, Marconnet and Céres (Decision No. 2022-PAC-01 of January 25, 2022)* Under the terms of this decision, the Autorité sanctions an illegal agreement, contrary (...)
47
Sanction of Médical Equipement in the amount of FCFP 9 million for failure to notify a concentration operation with Handipharma* In this decision n° 2022-DN-01 of January 10, 2022, the Autorité sanctions the lack of notification of the concentration operation relating to the acquisition by (...)
25
In Opinion No. 2021-A-04 of December 20, 2021, the Authority responds to the government’s request for an opinion on the commercial practices inherent in the funeral directors sector in New Caledonia.* The examination of this sectoral opinion request was carried out during the second half of (...)
37
Exemption, subject to conditions, granted to the Aline group to proceed with the acquisition and limited extension of the Tranduc store in Boulouparis before the final decision of the ACNC (Decision n° 2021-DEC-10 of November 19, 2021)* On October 28, 2021, the Aline group notified the (...)
24
Dismissal in the context of a call for tenders on the office cleaning market (decision no. 2021-PAC-02 of November 4, 2021)* On February 20, 2019, the Department of Purchasing, Heritage and Resources of New Caledonia (DAPM) launched a call for tenders for the cleaning of offices and (...)
46
The Riz de Saint Vincent company fined 32 MF for lack of commercial transparency (decision n° 2021-PCR-03 of August 25, 2021)* By decision no. 2021-PCR-03 of August 25, 2021, the New Caledonia Competition Authority sanctioned the company Le Riz de Saint-Vincent for not having been able to (...)
33
Authorization subject to commitments for the takeover of SARL Médical Equipement by SARL Handipharma following a formal notice from the ACNC (decision 2021-DCC-01 of March 22, 2021)* In its decision no. 2021-DCC-01 of March 22, 2021, the Autorité authorised, a posteriori, the takeover of (...)
29
The companies Enercal / EEN and Promosud fined 20 MF and 12 MF respectively for failure to notify a concentration operation (decision no. 2021-DN-01 of January 29, 2021)* Procedure On October 25, 2017, the company Promosud and the company EEN carried out a concentration operation (...)
