French Competition Law Newsletter
Below are links to French Competition Law Newsletters that Cleary publishes regularly.
2020
July – August
Highlights
The French Competition Authority fines 12 cold meat manufacturers €93 million for operating a cartel
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On July 16, 2020, the French Competition Authority imposed a €93 million fine on 12 manufacturers for their participation in a cartel in the ham and cold meat sector. The FCA started its investigation in 2012, following a complaint from a slaughterhouse and a leniency application by Campofrio, a cold meat manufacturer. The FCA subsequently conducted dawn raids at the 12 cold meat manufacturers’ premises in 2013.
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Paris Court of Appeals fully annuls a May 2014 search warrant and subsequent dawn raids carried out at Whirlpool France’s premises
- On July 8, 2020, the Paris Court of Appeals fully annulled a May 2014 search warrant and subsequent dawn raids carried out at Whirlpool France’s premises. The Court of Appeals also ordered the FCA to return all of Whirlpool’s seized documents.
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The French Competition Authority publishes new guidelines on merger control
- On July 23, 2020, the FCA published its new guidelines on merger control, which came into effect on the same day and therefore replaced the previous guidelines issued in 2013.
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First merger control prohibition decision issued by the French Competition Authority
- On August 28, 2020, the FCA prohibited for the first time a proposed transaction following an in-depth Phase 2 review. The FCA concluded that Soditroy and the E. Leclerc’s proposed acquisition of joint control over a Géant Casino hypermarket around the city of Troyes raised serious competition concerns.
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The French Competition Authority reserves the right to refer to the European Commission transactions that do not reach the national notification threshold
- On September 15, 2020, Margaret Vestager announced that the European Commission would, as of mid-2021, accept referrals from national competition authorities for transactions that do not reach any national notification thresholds under Article 22 of Council Regulation (EC) No 139/2004. This provision enables a national competition authority to request that the European Commission examine a transaction that does not meet the European Union notification thresholds, but would affect trade between Member States and threaten to significantly affect competition.
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Please click here to read the complete newsletter.
2019