French Insights
The most important French decisions and news in competition law now accessible in English
The French Competition Authority qualifies, for the first time, as anti-competitive, a standalone non-poaching agreement
Resume: The French Competition Authority needed to examine three objections consisting of two different categories of practice. To begin with, there were a pair of “gentlemen’s agreements” of non-poaching, aimed at suppressing the competition on the employment of the...
The French Competition Authority Fines Twelve Manufacturers and Distributors €611 Million for Vertical Price-Fixing in the Household-Appliances Sector
Resume: The French Competition Authority imposed a record fine (€611 million) on ten manufacturers and two major distributors active in the household-appliance sector for engaging in resale price maintenance (RPM) practices through twelve vertical price-fixing...
Clarification of the causal link requirement in antitrust damages: the Gaches Chimie ruling of 26 February 2025
Resume: The Commercial Chamber of the French Cour de cassation rendered a judgment on February 26, 2025 (Cour de cassation, Commercial Chamber, February 26, 2025, No. 23-18.599), in which it upheld the previous decision of the Paris Court of Appeal regarding the...
The French Supreme Court overturns the appellate decision that failed to establish an abuse of dominant position through disparagement, alarmist and misleading statements about the risks of using a drug
Resume: The French Supreme Court overturned the decision of the Court of Appeal, that failed to establish that pharmaceutical laboratories had abused their dominant position by disseminating, on the one hand, an alarmist, even misleading, discourse to public...
Abuse of Dominant Position and Apple : The Sanction Imposed by the French Competition Authority for Abusing Its Dominant Position in the Distribution of Mobile Applications on iOS Devices
Resume: The French Competition Authority (ADLC), decided to sanction Apple for having abused its dominant position (on the basis of Articles 102 of the TFEU and L420-2 of the French Commercial Code) in the European markets for the distribution of mobile applications...
The French Court of cassation confirmed Vinci’s sanction and clarified the scope of the Authority’s jurisdiction over local anticompetitive practices
Resume: The French Court of cassation (Commercial Court, September 24th, 2025, no. 23-13.733) upheld the decision of the French competition authority which sanctioned Vinci for concerted practices, in the form of information exchanges, in a public tender procedure...
Sony Sanctioned for Abuse of Dominant Position in the PlayStation 4 Ecosystem
Resume: Following a complaint filed by Subsonic, the French Competition Authority fined Sony €13,527,000 (Decision no. 23-D-14 of December 20, 2023) for abusing its dominant position in the market for PlayStation 4-compatible controllers. Two anticompetitive practices...
Platforms, drivers and competition: the French Competition Authority’s view of VTC collective agreements
Resume: The French Competition Authority (ADLC) issued an opinion on the December 19, 2023 agreement on working conditions for VTC drivers. Although the agreement aims to reinforce drivers' freedom of choice when it comes to remuneration via platforms, the Authority...
Rejection of complaint by the French Competition Authority for lack of evidence: Principle and Limits of the res judicata rule
Resume: In this recent ruling (C. cass. com., 25 sept. 2024, no. 23-13.067 et no. 23-14.828), the Court of Cassation overturned in its entirety the ruling of the Paris Court of Appeal of 3 February 2023 relating to the famous dispute between Canal+, beIN Sports and...
Telecommunications Market: Challenges of La Poste Telecom’s integration by Bouygues
Resume: On August 19, 2024, the French Competition Authority ruled on a decision (24-DCC-185) validating Bouygues Telecom's acquisition of La Poste Telecom and confirmed that the merger posed no immediate competitive distortion but may raised concerns about MVNO...
Cloud Computing : The French Competition Authority’s Extensive Analysis of Competition and Future Perspectives
Resume: On June 29, 2023, the French Competition Authority issued Opinion No. 23-A-07, examining competition dynamics in the cloud computing sector. The opinion highlights key market challenges and regulatory responses, assessing the adequacy of existing competition...
Luxottica and the Limits of Selective Distribution: An Analysis of the Paris Court of Appeal’s Judgment on Price Restrictions and Online Sales Prohibition
Resume: In a judgment dated September 15, 2023, the Paris Court of Appeal upheld Decision No. 21-D-20 of the French Competition Authority, which had fined Luxottica for implementing two anticompetitive practices between 1999 and 2014. First, the Court confirmed that...
The conditional authorization of the acquisition of exclusive control of OCS and Orange Studio by Canal Plus Group
Resume: In decision no. 24-DCC-04 of January 12, 2024, the French Competition Authority authorized the acquisition of exclusive control of OCS and Orange Studio by Canal Plus Group. However, this authorization was subject to the implementation of certain procedural...
Generative AI under watch: The French Competition Authority’s perspective on future competitive challenges
Resume: On June 28, 2024, the French Competition Authority (ADLC) published an opinion (24-A-05) on the generative artificial intelligence (AI) sector, identifying significant competitive risks—including high entry barriers, potential market abuses, and structural...
The French Competition Authority carries out the first review of mergers below the national notification thresholds under cartel law
Resume: The French competition authority has dismissed a case of alleged geographical distribution of the rendering market between several companies, due to the lack of sufficient evidence to establish an anti-competitive agreement. The authority therefore applies...