Competition Law at French Polynesia (France)
French Polynesia, as an overseas collectivity of France, possesses its own distinct competition law framework, separate from the national French competition authority, the Autorité de la concurrence.
🇵🇫 Legal Framework: The Polynesian Competition Code
The cornerstone of French Polynesia's competition law is the Polynesian Competition Code (Code de la concurrence polynésien, or FPCC), established by the local law n° 2015-2 of February 23, 2015. This legislation empowers the Autorité polynésienne de la concurrence (APC) to oversee and enforce competition regulations within the territory. The FPCC prohibits anti-competitive agreements and abuse of dominant positions, aligning with international competition standards .
⚖️ The Autorité polynésienne de la concurrence (APC)
The APC is an independent administrative authority tasked with:
Investigating and sanctioning anti-competitive practices.
Reviewing and authorizing mergers and commercial arrangements.
Issuing advisory opinions on competition matters.
It operates under the exclusive jurisdiction of French Polynesia, with decisions subject to appeal before the Court of Appeal of Paris .
🧭 Jurisdictional Independence from France
The APC's jurisdiction is distinct from that of the French national competition authority. For instance, in the Wane Group case, the French Autorité de la concurrence declined jurisdiction over alleged anti-competitive practices in French Polynesia, citing the territorial autonomy granted to the APC .
📌 Notable Enforcement Actions
Goldenway International Pets (GIP) Case: In 2022, the French Autorité de la concurrence fined GIP €65,000 for abusing its dominant position in the pet air freight sector, leveraging its monopoly on quarantine services to restrict competition .
🏛️ Institutional Developments
The APC continues to strengthen its role in the Pacific region. In January 2023, it hosted the inaugural Tahiti Competition Days, bringing together stakeholders from across the Pacific to discuss and promote competition law .
🔍 Summary
French Polynesia's competition law operates independently from mainland France, with the APC serving as the primary enforcer of local competition regulations. While the French Autorité de la concurrence may collaborate on certain cases, its jurisdiction does not extend to French Polynesia.
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