French Law on Economic Concentrations

Extract

[...] In France, this control has a duality with a precise national legal framework, but articulated with European law to prevent concentrations while allowing necessary restructuring for economic development. How does French law on economic concentrations balance the preservation of a competitive environment with the economic imperatives of companies? I. A dual control of concentrations A. The law on concentrations subject to a dual control - Originally the EU law did not concern itself with the regulation of concentrations. On the contrary, it encourages concentrations between companies. ? [...]

[...] Either to overturn a refusal of authorization ? Either to relax the prescriptions of the authorization ? Either to overturn an authorization to prohibition in the name of a superior national imperative (defence, security, health) critique : as it affects economic freedoms, however, LME has not set any limits. This is a rare procedure given the stakes. Example of such power : Decision of 2018 / Cofigeo group which was about to take over the William Saurin company. The minister feared a monopoly on appertised products and requested a phase 2. [...]

[...] How does French law on economic concentrations balance the preservation of a competitive environment with the economic imperatives of companies? - Introduction and detailed plan The law on economic concentrations in France In an economically marked by globalization, the law on economic concentrations plays a central role in preserving the good functioning of the competitive market. It is the 1986 ordinance on the fixing of prices, that anticompetitive practices (PAC) have been redefined by unifying the basis of the rights of agreements, concerted actions, abuse of dominant position or economic concentration. [...]

[...] concern only the most important concentrations - national competence : in all other cases of concentrations that do not reach this threshold. - The French control was instituted in 1977 before being completely unified with European law . It is the ANC that plays a fundamental role since it has the competence of attribution in the sanction of PAC according to the Commercial Code (L430-1) - This institution was created in 1986, it had an original advisory role that became a real AAI with decision-making and sanctioning powers. [...]

[...] The powers of the ANC regulated by administrative authorities A. The loss of prerogatives of the Minister in charge of the economy The reform of 2008 law LME a bouleversé the distribution of competences. Initially it was the Minister in charge of the economy who was competent in the matter of concentration in his control and surveillance. The ANC played only a role of expertise However, a dualism persists with the AAI (ANC) and the Minister who retains certain prerogatives - is necessarily informed of concentration projects - in case of authorization delivered in phase may request to move to phase 2 - power of eviction : possibility to go beyond the decision of the ANC after phase 2 if IG motives other than maintaining competition ? [...]