Maud Lesaffre

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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 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]

On July 25, 2023, the French Competition Authority (“FCA”) approved, subject to remedies, the acquisition by the Areas Group (“Areas”) of sole control of its French competitor, Sirestco Group (“Sirestco”, together, “the Parties”) in the sector for the provision of highway catering services.[1]