French Insights
The most important French decisions and news in competition law now accessible in English
The appreciable effect on trade between Member states reframed by the highest French court
Resume: The significant effect on trade between member states is not only the result of effects that have already been observed. It can also be characterized on the basis of a set of indicators of which the ratio between overall sales and national sales is only one...
The french yogurt cartel : Cass. com 24 juin 2020 Andros et Cie n°17-20177
Resume: By a decision of March 11, 2015, the “Autorité de la concurrence” established that producers of dairy products, including the company Novandie and its parent company, the company Andros et Cie, had breached the provisions of Articles 101 of the Treaty on the...
The Paris Court of Appeal declares itself incompetent to judge a dispute concerning the communication made by the French Competition Authority on one of its decision
Resume: The decision delivered by the Paris Court of Appeal on May 12, 2021 follow the decision of the French Competition Authority (FCA) dated Septembre 9, 2020 (No. 20-D-11). The dispute arose from the communication of this decision by the FCA. Indeed, the company...
Continuation and end of the conflict between the French Football league and the French audiovisual group Canal + concerning the reallocation of the broadcasting rights of the Ligue 1 de Football after the Mediapro disaster
Resume: In this decision issued on 11 June 2021, the French Competition Authority rejects the complaint lodged by the Canal+ group against the French Football League (LFP) in the matter of the reallocation of the broadcasting rights of the Ligue 1. The Authority...
Predatory pricing: What method was undertaken in the implementation of the cost test and what elements were retained in the search for the characterization of an abuse of a dominant position?
Resume: This judgment of Court of Cassation reinforces the principle that the costs of competitors of a dominant company practicing predatory pricing must be disregarded in the implementation of the cost test. In the same way, it underlines, once again, the importance...
The information report on digital platforms written by French MP’s
Resume: On the 25th of June 2020, The French National Assembly issued an information report about the digital platforms. The deputies highlighted the very fast development of the digital platforms and their impact on the market and its users. Moreover, in front of the...
The French Competition Authority recognized for the first time the existence of a market for organic products
Resume: In a decision dated September 10, 2021 (Décision n°21-DCC-161 du 10 septembre 2021 : pris de contrôle exclusif de certaines activités du groupe Bio c’Bon par la société Carrefour France), the French Competition Authority authorized the acquisition of Bio c’Bon...
French National Assembly’s report on ex ante regulation: objectives and difficulties of the DMA
Resume: On the eve of the French Presidency in the Council of the European Union in January 2022, the European Affairs Committee of the National French Assembly presented an information report on the Digital Market Act on 23 July 2021, introduced by Mrs. Christine...
The resurrection of Continental Can’s ex-post merger control?
Resume: With its decision, dated July 16, 2021, N°20/04300, the Paris Court of Appeal asked the European Court of Justice for a preliminary ruling to find out whether Article 102 of the TFEU can be applied to a concentration which would be below the thresholds of...
The calculation of a financial penalty for companies of the same group, convicted for cartel according by the Paris Court of Appeal
Resume: In this decision of the Paris Court of Appeal (CA Paris, 18 June 2020, n°19/08826), on referral from the Court of Cassation, the Court has to determine the amount of the penalty imposed on two companies, one of which is the subsidiary of the other, convicted...
The authority adopts a new sanction press release, marginally modified following public consultation
Resume: On July 30, 2021, the French Competition Authority adopted and made public the new procedural notice on the method for determining sanctions. It replaces the initial procedural notice of May 16, 2011. The new notice was the subject of a public consultation...
Amazon under fire for abuse of dominance in antitrust proceedings – Comparative study of different procedures
Resume: On May 25, 2021, the Washington Attorney General Karl Racine opened an antitrust proceeding against the American giant Amazon. This latest case is one of the many that the company is facing, both in its home country and across the Atlantic in Europe. To quote...
Uber and competition law
Resume: Since 2011, the company Uber has been active on the passenger transport market. With it, a new competition appears for a profession that was alone on this market for a long time: taxis. Uber is a new business model, a new vision of entrepreneurship with what...
French justice rules out Carrefour for restrictive competition practices during its commercial negotiations
Summary: On February 22th this year, Carrefour was fined €1.75 million by the Paris Commercial Court for restrictive competition practicesafter 5 years of proceedings.We will come back to a case which is the first legal illustration of the new will of the French...
FinTech sector inquiry: The French Competition Authority issues its opinion
Resume: On April 29, 2021, the French competition authority published its opinion on the sector of new technologies applied to payment activities. Faced with the major changes in the payments sector, the Authority has identified several points of vigilance. To quote...