Competition Law at France
Competition law in France is a well-established legal framework that regulates market competition, prevents anti-competitive practices, and ensures fair business practices. It aligns closely with European Union competition law but also includes distinct national elements. Here are the key components:
🏛️ Governing Authorities
Autorité de la concurrence (French Competition Authority)
Independent body overseeing competition issues in France.
Investigates anti-competitive practices, merger control, and abuse of dominance.
Cour d'appel de Paris (Paris Court of Appeal)
Hears appeals against decisions made by the Competition Authority.
Ministry for the Economy and Finance
Sometimes involved in reviewing mergers from a public interest standpoint.
📜 Key Legal Framework
Code de commerce (Commercial Code), Book IV
Primary source of national competition law.
Covers anti-competitive agreements, abuse of dominant position, and merger control.
EU Competition Law
Directly applicable in France (Articles 101 and 102 TFEU).
Often applied alongside or instead of national law, especially in cross-border cases.
🔍 Main Areas of Regulation
Cartels and Anti-competitive Agreements
Includes price-fixing, market-sharing, and bid-rigging.
Strictly prohibited under both French and EU law.
Abuse of Dominant Position
Companies in a dominant market position are prohibited from abusing it (e.g., predatory pricing, exclusionary tactics).
Merger Control
Certain mergers and acquisitions must be notified and approved before completion.
Thresholds are based on turnover in France and globally.
State Aid and Public Undertakings
French authorities also monitor to ensure state interventions do not distort competition.
⚖️ Sanctions and Remedies
Fines (up to 10% of global turnover)
Injunctions and structural remedies
Leniency programs for whistleblowers (encouraging self-reporting of cartels)
Damages claims by affected parties (possible in French civil courts)
📈 Recent Trends
Increased focus on digital markets and tech platforms.
Closer coordination with the European Commission.
Encouraging private enforcement (individuals or firms suing for damages).
RELATED Blog
0 comments