French Antitrust Law
Statutory Framework
French competition law is codified in Book IV of the Code de commerce (Articles L. 420-1 to L. 464-13). The principal enforcement authority is the Autorité de la concurrence (French Competition Authority), an independent administrative authority established by Law No. 2008-776 of 4 August 2008. The Autorité replaced the former Conseil de la concurrence and exercises both adjudicative and advisory functions. The Minister of the Economy retains certain powers, including the ability to refer mergers to the Autorité and to enforce competition rules in sectors not reserved to the Autorité. Decisions of the Autorité are subject to appeal before the Cour d’appel de Paris and, on points of law, the Cour de cassation.
Anticompetitive Agreements: Article L. 420-1
Article L. 420-1 of the Code de commerce prohibits “concerted actions, conventions, express or tacit coalitions, or agreements” that have as their object or effect the prevention, restriction, or distortion of competition in a market. The prohibition mirrors Article 101 TFEU and covers horizontal cartels (price fixing, output limitation, market sharing, bid rigging), vertical restrictions (resale price maintenance), exclusive dealing, and information exchanges. Exemptions under Article L. 420-4 correspond to the Article 101(3) TFEU exemption criteria. The Autorité’s Liquidation judiciaire et cartels (2015) and Farine (flour) cartel decisions (2022) illustrate the agency’s active enforcement against hard-core cartels.
Abuse of Dominance: Article L. 420-2
Article L. 420-2 prohibits abuse of a dominant position and abuse of a state of economic dependence (état de dépendance économique). The latter concept, unique to French law, protects an undertaking from abusive conduct by a partner on which it depends, even absent dominance in the relevant market. The condition of economic dependence requires the absence of a reasonable alternative, a criterion assessed through factors such as brand strength, supply access, and relationship duration. In Canal Plus (2013), the Autorité sanctioned abuse of economic dependence in the pay-TV distribution sector.
Merger Control
French merger control is governed by Articles L. 430-1 to L. 430-10 of the Code de commerce. Transactions are notifiable where the parties’ combined worldwide turnover exceeds €150 million, and at least two of the parties each have French turnover exceeding €50 million. The Autorité conducts Phase I (25-day) and Phase II (65-day) reviews and may accept commitments or impose conditions. The Minister of the Economy retains a residual power to review mergers on public interest grounds (competitiveness, employment, industrial development), most controversially exercised in the Alstom/Siemens rail merger referral (2019), though the Minister ultimately did not override the Autorité’s conditional clearance.
The 2021 Reform
The Law of 22 December 2021 (No. 2021-1673), titled “visant à renforcer le rôle de l’Autorité de la concurrence,” substantially reinforced the Autorité’s enforcement toolkit. The reform introduced a simplified settlement procedure for non-cartel cases, increased maximum fines from 10% to 15% of worldwide turnover (or 20% for repeat infringements), empowered the Autorité to impose interim measures more flexibly, and granted the Autorité power to accept structural commitments (divestiture) at the interim measures stage. The reform also authorized the Autorité to publish market study recommendations and to issue formal opinions on draft legislation affecting competition.
Relationship with EU Competition Law
French courts and the Autorité apply Article 101 and 102 TFEU in parallel with national law where intra-EU trade is affected. The Autorité is an active member of the European Competition Network (ECN) and regularly cooperates with the European Commission in digital enforcement, including coordinated action against Google (Android, AdSense, and Google Shopping practices). The French competitive neutrality principle and the Ordonnance du 23 mars 2023 have further aligned national enforcement with the EU Digital Markets Act.
Recent Enforcement Priorities
The Autorité has prioritized digital economy enforcement, sanctioning Google for abuse of dominance in the online advertising sector (€150 million in 2019, €220 million in 2021) and imposing interim measures against Apple concerning app-tracking transparency (2023). The Autorité has also pursued sustainability-related competition issues, publishing guidelines on sustainability agreements and actively reviewing agricultural-sector cooperative arrangements.