Anita Magraner Oliver

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Summary

On December 19, 2024, the French Competition Authority (“FCA”) imposed fines totalling €611 million on 10 manufacturers and two distributors (selling primarily in brick and mortar stores) active in the household appliances sector for engaging in resale price maintenance (“RPM”) practices between February 2007 and December 2014 (the “Decision”).[1]  The FCA found that the companies coordinated prices to limit competition from online distributors for over seven years.  This is the second largest fine ever levied by the FCA regarding purely vertical practices and the highest fines ever imposed (in absolute terms) on distributors for RPM practices.  The FCA also ordered the publication of a summary of the Decision in the paper and online editions of Le Monde and Les Echos’newspapers. However, the FCA rejected the objection relating to a potential horizontal agreement between manufacturers of  small domestic appliances.

On October 2, 2024, the European Commission appointed Emanuele Tarantino as new Chief Competition Economist at DG COMP.  Tarantino is expected to take office in a few weeks, coinciding with Teresa Ribera’s arrival as the new Commissioner for Competition. 

On September 17, 2024, the President of the European Commission, Ursula von der Leyen, announced the structure of the new Commission and her nominees to serve as Commissioners for the upcoming 5-year term (2024-2029). Each of these nominees will be scrutinized and need to be confirmed by the EU Parliament in the coming weeks.

On September 13, 2024, the French Competition Authority (“FCA”) approved the acquisition of Kindred Group (“Kindred”) by La Française des Jeux (“FDJ”, the “Transaction”) in the gambling sector, subject to behavioural commitments, including brand separation, to address conglomerate concerns.[1]

On August 19, 2024, the French Competition Authority (“FCA”) unconditionally cleared Bouygues Telecom’s acquisition of sole control of La Poste Telecom (together “the Parties”) through the acquisition of La Poste Group’s 51% stake. SFR owned the remaining 49% of La Poste Telecom and had a right of first refusal on La Poste Group’s shares that were for sale, as well as a right of approval over the buyer of those shares.[1] The acquisition was completed on November 15, 2024.[2]

On February 27, 2024, the French Competition Authority (“FCA”) published its roadmap for 2024-2025 as every year,[1] outlining its enforcement priorities for the year ahead.  The FCA emphasized the need to take action in the same key areas of interest as in 2023[2]: (i) the digital economy, (ii) sustainability and the ecological transition, and (iii) the protection of purchasing power. 

On December 19, 2023, the French Competition Authority (“FCA”) fined Rolex for having prevented its authorized retailers from selling its products online for over ten years (the “Decision”).[1]  The FCA considered that such a prohibition constituted a vertical agreement restricting competition, rejecting Rolex’s argument that it was necessary to prevent counterfeiting and parallel trade.  The FCA imposed a fine of  €91 million, which is the highest fine imposed to date by the FCA in relation to a prohibition of online sales.  The FCA also investigated whether Rolex had engaged in resale price maintenance between 2011 and 2022, but ultimately rejected this prong of the complainants’ claim for lack of evidence.

On December 15, 2023, the French Competition Authority (“FCA”) published its Revised Leniency Guidelines, which repealed and replaced the 2015 guidelines.[1]  The Revised Leniency Guidelines were adopted as part of the implementation of the “DDADUE” law,[2] the ECN+ directive,[3] and the “Damages” directive.[4]  They aim to provide greater legal certainty for leniency applicants and modernize the leniency application procedure.

On December 11, 2023, the French Competition Authority (“FCA”) imposed a €4 million fine on Mariage Frères SAS and one of its subsidiaries, Mariage Frères International SAS (together, “Mariage Frères”), a French producer of premium teas.[1]  The FCA found that Mariage Frères had been prohibiting distributors from (i) reselling its branded products online and (ii) reselling its branded products to other retailers for over 14 years, two practices prohibited by the Vertical Block Exemption Regulation (“VBER”) under both the former and new regimes.[2]

Summary

On September 7, 2023, the French Competition Authority (“FCA”) imposed fines totaling €31.2 million on five companies active in the nuclear dismantling sector for colluding on tenders organized by the French Commission for Atomic Energy and Alternative Energies (Commissariat à l’Energie Atomique et aux Energies Alternatives, “CEA”) at a nuclear site in Marcoule, in the South of France.[1]