Resume: The French competition authority, in its decision n°21-D-09 of March 24th, 2021, has imposed a sanction on three French sandwich producers for a cartel that lasted for more than 6 years on the sandwich production market. The decision highlights the importance...
What’s up in France?
The French Constitutional Council censures provisions about fines pronounced by the French Competition Authority in case of obstruction during investigations
Resume: In a judgment of March 26th, 2021, the French Constitutional Council censures paragraph V of article L. 464-2 of the French Commercial Code about fines pronounced by the French Competition Authority against obstruction attempts during investigations. To quote...
The French Constitutional Court struck down the structural injunction mechanism introduced in the article 39 of “Macron’s Law”
Resume: In the decision n°2015-715 DC of August 5th, 2015, the French Constitutional judge ruled unconstitutional article 39 of August 6th, 2015 Law. This article gave the French Competition Authority the possibility to adopt structural injunction measures against...
The prohibition of parity clauses in the online booking sector: A price war in perspective
Resume: In the decision 19-D-23 issued on December 10th, 2019, the French Competition Authority decided not to pursue its investigation into hotel booking platforms Expedia and HRS which has started in 2013 after complaints from French hotel unions and the Accor group...
Google fined for an abuse of dominance in the online search advertising market!
Resume: In the decision n°19-D-26 of December 19th, 2019, the French Competition Authority fined Google because of its non-transparent, discriminatory and inequitable general conditions seen as an abuse of its dominant position on the online search advertising market....
Contribution of the French Competition Authority to the climate change issues
Resume: Alongside nine independent administrative institutions, the French Competition Authority has published a working paper on its role in the fight against global warming. The authority presented the tools it has at its disposal to assist economic players in...
Denial of access to an essential facility: the French Competition Authority dismisses the complaint of the Association of Alternative Operators (AOTA) against the practices implemented by Orange in the electronic communications sector
Summary: In decision 20-D-02 from January 23, 2020, the French Competition Authority (FCA) dismisses the referral on the merits of the case by the Association des Opérateurs Télécoms Alternatifs (AOTA) for lack of evidence and, therefore, the request for protective...
The French Competition Authority blocked a merger for the very first time!
Resume: A very first! Last summer, the French Competition Authority (FCA) blocked a merger for the first time since its creation in 2009. The operation showed a risk of coordinated effects that would have harmed competition by creating a duopoly. Neither the...
The French Competition Authority fines Apple a record of €1.1 billion: a renewed use of abuse of economic dependence
Summary: In the Apple decision number 20-D-04 of March 16th, 2020, the French Competition Authority fined Apple a record fine of €1.1 billion after finding that it had infringed competition law by practicing resale price maintenance and division of products and...
Exposure of Google’s business secrecy in a French Competition Authority’s decision: who has jurisdiction?
Summary: A decision of the Tribunal des conflits involving Google gathers the business secrecy litigation in antitrust procedures under the jurisdiction of the sole judiciary order. The case creates an occasion to present the way the French Competition...










