French Competition Law Newsletter
Below are links to French Competition Law Newsletters that Cleary publishes regularly.
2022
November – December
Highlights
The French Competition Authority rejects TDF’s request to lift commitments prior to their end date
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On December 6, 2022, the French Competition Authority issued a decision rejecting TDF’s request to lift the commitments it had entered into in 2015 regarding abuse of dominance practices on the market for hosting mobile network antennas on pylon sites. The French Competition Authority rejected this request due to lack of evidence that the competition concerns identified in 2015 have disappeared.
The French Competition Authority fines Audiens Santé-Prévoyance for abuse of dominant position on the market for payroll management services in the entertainment sector in France
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On November 15, 2022, the French Competition Authority imposed a fine of 800,000 euros on Audiens Santé-Prévoyance for abuse of dominance through its subsidiary, Movinmotion, on the market for payroll management services for entertainment workers.
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The French Cour de cassation clarifies the conditions under which changes made during a notice period may be considered an abrupt breach of an established commercial relationship
- On December 7, 2022, the Cour de cassation upheld the Paris Court of Appeal’s judgment dismissing Concurrence’s damage claim brought against Samsung Electronics France. Concurrence claimed that Samsung had abruptly terminated their long-standing commercial relationship.
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The French Competition Authority fines Essilor International for abusive restrictions on online sales
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On October 6, 2022, the French Competition Authority imposed a €81 million fine on Essilor International SAS (“Essilor”) for having engaged in discriminatory trading practices aimed at hindering the development of e-commerce for optical lenses in France between April 2009 and December 2020. Essilor’s parent company, EssilorLuxottica, was fined €15.4 million jointly and severally with its subsidiary and announced its intention to appeal the decision.
The Cour de cassation dismisses Carrefour’s appeal in relation to its follow-on damage claim against Johnson & Johnson
- On October 19, 2022, the Cour de cassation dismissed an appeal brought by Carrefour against two decisions of the Paris Court of Appeals, which rejected its follow-on damage claim against Johnson & Johnson Santé Beauté France in relation to its participation to the home and personal care cartel.
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For the first time, the French Competition Authority rejects a complaint on grounds of enforcement priority
- On October 20, 2022, for the first time, the French Competition Authority used its newly-acquired ability to reject a claim on the basis of enforcement priority and rejected Culture Presse’s claim in relation to an alleged abuse of a dominant position by La Poste in respect of postal stamps distribution. Since the transposition into French law of the ECN+ Directive and pursuant to the second paragraph of Article L. 462-8 of the French Commercial Code, the Competition Authority no longer has an obligation to investigate, and may now, by way of a reasoned decision, reject a complaint where it is not considered an enforcement priority.
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2021
2020
2019