French Insights
The most important French decisions and news in competition law now accessible in English
Professional exclusivity through the lens of object-based restrictions: severe penalties with problematic foundations
Resume: In Decision No. 26-D-03 of March 17, 2026, the French Competition Authority imposed a fine of €3.4 million on the National Union of French Ski Instructors (SNMSF) for having included, since May 12, 2006, an exclusivity clause in the standard instructor...
Unfair competition and freedom of trade: the requirement for a prohibition strictly proportionate to wrongful conduct alone
Resume: The Court of Cassation (Commercial Division, 28 January 2026, No. 23-20. 245) has partially quashed a judgment of the Court of Appeal which, having found acts of unfair competition, had imposed a general ban on the marketing of interfaces enabling GPS systems...
The Digital Advertising Dominance of Google: Exploitative Abuse and Judicial Limits (SAS Aowoa v. Google case)
Resume:. In January 2026, the Paris Court of Appeal ruled, in the case of SAS Aowoa v. Google, that Google committed an exploitative abuse of dominance by suspending, without adequate justification, the Google Ads accounts of Aowoa, a French provider of telephone...
The opinion of the authority on rating systems designed to provide consumers with information on the sustainability-related characteristics of consumer products and services
Resume: The Competition Authority was consulted on the issue of the rating systems designed to provide consumers with information on the sustainability-related characteristics of consumer products and services (French Competition Authority, January 9th, 2025, Opinion...
Two-sided markets and evidence in competition law: The Autority’s dismissal of the case due to the lack of conclusive evidence of abuse of a dominant position and economic dependance in research syndication
Resume: In Decision No. 25-D-08 of November 27, 2025, the Autorité de la concurrence rejected Qwant's complaint against Microsoft over search syndication practices, finding insufficient evidence to establish either a dominant position, given Google's structural...
Ne bis in idem principle in competition law enforcement: the treatment of complaints alleging anti-competitive practices and abuse of dominance in the chemical commodities distribution sector
Resume: The French Competition Authority examined and dismissed (French Competition Authority, December, 4th, 2025, Decision No. 25-D-09), allegations brought by Gaches Chimie against Brenntag concerning practices implemented in the chemical commodities distribution...
Competition Law and Digital Health Platforms: Lessons from the Doctolib Sanction
Resume: In November 2025, the French Competition Authority imposed a fine of €4.66 million on Doctolib for abuse of a dominant position, notably through restrictive practices and a killer acquisition falling below both European and national notification thresholds. In...
Recognition of a dominant position on the Reunion molasses market and abuse resulting from lock-in clauses in contracts
Resume: The Cour d’appel de Paris (Pôle 5 – Chambre 7, July 3rd, 2025, RG n°21/21673) upheld the decision n°21-D-25 of the Autorité de la concurrence. It ruled that Tereos Ocean Indien, which holds a dominant position in the Réunion molasses market, abused its...
Protection of employee partner
Resume: The French Court of cassation (Commercial Court, September 17th, 2025, n°24-14.883) partially quashed the decision of the trial judges because the Court of Appeal refrained from examining the succession of contractual acts and the legal effects attached to the...
Breach of a non-competition clause: the reaffirmation of the strict proof of damage
Resume: The Commercial Chamber of The French Court of cassation (Commercial chamber, December 3rd, 2025, no. 24-16.029) overturned the ruling of the Court of Appeal by pointing out that the creditor of a non-competition obligation who invokes its non-performance by...
The French Competition Authority Sanctions the Foreclosure of the Fuel Market in Corsica
Resume: The French Competition Authority sanctioned (French Competition Authority, November 17th, 2025, Decision No. 25-D-07) several fuel suppliers for blocking access to the main fuel storage infrastructures in Corsica. By retaining exclusive control over these...
Collusive agreements in inter-island air transport markets: competition law concerns in structurally constrained sectors
Resume: Structurally constrained markets regularly test the limits of competition law enforcement, particularly where economic fragility is invoked to justify anticompetitive agreements between competitors. Decision No. 24-D-10 of 4 December 2024 offers a clear...
Professional Associations: Between Freedom of Expression and Competition Law
Resume: The Court of Cassation, in its decision of 15 October 2025 (No. 23-21.370), upheld the sanction imposed on a dental trade union for organizing a boycott against care networks, holding that such conduct constitutes a restriction of competition by object under...
A request for protection under trade secret law in the context of legal proceedings in the luxury watch distribution sector
Resume: The Paris court of appeal’s ruling of May 22, 2025, clarifies the conditions for protecting trade secrets. The court held that information acquired after 2017can be protected, but refused automatic protection for data older than five years, which it considered...
The systemic evolution of the market for veterinary medicines and products: a source of competitive concerns under competition law
Resume: The Competition Authority was consulted on the issue of the evolution of the market for veterinary medicines and products (French Competition Authority, October 13th, 2025, Opinion No. 25-A-12). Indeed, in recent years, this market has experienced an explosion...