Maud Lesaffre

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Principal Changes and Implications

The European Commission today published a draft of its long-awaited revision of the Merger Guidelines, combining the 2004 Horizontal Merger Guidelines and the 2008 Non-Horizontal Merger Guidelines into a single document that takes account of the Draghi Report’s call for more dynamic, forward-looking merger control, acknowledges the benefits of scale, resilience, innovation, and global competitiveness, and suggests a greater readiness to take positive account of efficiencies. The Draft Guidelines represent a significant evolution in the Commission’s approach to mergers, although their practical implications may take time to emerge. Announcing the Draft Guidelines, Commission President von der Leyen underlined the need “to better support companies to thrive, scale and innovate … so we can meet the realities of the fiercely competitive global economy and boost our competitiveness,” while Executive Vice President Ribera emphasized the “unchanged” purpose of “protecting strong, competitive markets without allowing an accumulation of power that can be abused.” A final text of the new Merger Guidelines is expected later this year, although the principles set out in the Draft Guidelines will likely shape the Commission’s assessment of ongoing cases.

The French Cour de cassation confirms the FCA’s independence in settlement-referral procedures and classifies information exchanges between tenderers, including when exploring subcontracting, as a restriction by object.[1]

On September 24, 2025, the French Cour de cassation upheld the sanction imposed by the French Competition Authority (“FCA”) on Vinci group entities active in construction and technical services, and on their subsidiary Santerne Nord Tertiaire (“Santerne”), for unlawful exchanges of confidential information during a public tender procedure.

In two rulings of April 8, 2025, the French Cour de cassation confirmed that dawn raids may lawfully be conducted at employees’ private residences without requiring additional safeguards beyond those set out in the French Commercial Code.[1] 

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 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 July 17, 2024, the General Court dismissed ByteDance Ltd (“ByteDance”)’s appeal against the Commission’s decision designating ByteDance as a “gatekeeper” under the Digital Markets Act (“DMA”).[1]  This marks the first judgment interpreting the DMA’s provisions and clarifying some of its intervention thresholds. The General Court’s ruling follows its earlier rejection of ByteDance’s application for interim measures.[2]

On July 4, 2024, the Court of Justice delivered its judgment in the Westfälische Drahtindustrie and Others v. Commission case,[1] addressing Westfälische Drahindustrie GmbH’s (“WDI”) challenge to the Commission’s request for interest payments on the fine imposed on WDI for its participation in a cartel in the prestressing steel sector. This judgment confirms that interest on fines levied by the Commission begins to accrue from the day indicated in the Commission’s decision, even if the EU courts later redetermine the amount of the fine.

On August 8, 2023, following an in-depth investigation (“Phase 2”), the French Competition Authority (“FCA”) unconditionally approved the creation of a full-function joint venture between Aéroports de Paris (“ADP”) and the British caterer Select Service Partner (“SSP”, together “the Parties”) for the operation of catering services at Paris-Orly and Paris Roissy-Charles de Gaulle airports.[1]

On July 27, 2023, the General Rapporteur of the French Competition Authority (“FCA”) confirmed the notification to Apple of a statement of objections (“SO”) concerning potential anticompetitive practices in the sector for the distribution of mobile applications, likely to have consequences on several related markets for advertising and consumer services.[1]