On December 4, 2024, the French Competition Authority (the “FCA”) sanctioned two airlines, Air Antilles and Air Caraïbes, and one specialised consultant for having implemented a strategy to increase prices and coordinate offers and conditions in the Caribbean inter-island aviation transport sector (the “Decision”).[1] The FCA imposed total fines of €14.57 million, concluding a five-year old investigation.[2]
On November 28, 2024, the French Competition Authority (“FCA”) conditionally cleared the acquisition of 200 former Casino stores by the Intermarché group.[1] The FCA decision is conditional on the divestment of 11 stores to ensure that consumers have access to alternative offerings when purchasing mass-market products.
On May 3, 2024, the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control[1] (“DGCCRF”) published its 2023 annual report (the “Report”).[2] The Report highlights the DGCCRF’s importance in cartel and other anti-competitive behavior detection in France, as well as its new roles, including taking part in the enforcement of the Digital Markets Act (“DMA”).[3]
Jérôme Vidal was appointed head of the mergers unit of the French Competition Authority (“FCA”), effective June 17, 2024. Jérôme Vidal succeeds Etienne Chantrel who had held this position since January 2017.
On May 21, 2024, the French Competition Authority (the “FCA”) fined 11 companies active in the pre-cast concrete sector for having exchanged commercially sensitive information and implemented anticompetitive price fixing, customer allocation and bid rigging practices over seven to ten years (from 2008 or 2011 to 2017 or 2018 depending on the practices).[1] These practices were uncovered in the context of a criminal investigation carried out under the supervision of a criminal investigating judge (juge d’instruction). Fines ranged from €150,000 to €25.5 million, amounting to a total of approx. €76.6 million.
On March 7, 2024, the Paris Court of Appeal (the “Court”) partially overturned[1] a 2020 decision of the French Competition Authority (“FCA”)[2] sanctioning 12 companies for their participation in a cartel in the ham and cold meat sector (the “Decision”). While the Court confirmed the existence of cartel-related practices, it dropped some charges and reduced the parameters taken into account by the FCA to calculate the fine. As a result, the total fine amount was reduced from €93 million to €39 million.
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 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]