France

In January 2025, the French Competition Authority (the “FCA”) launched a public consultation on the introduction of a merger control framework for transactions that fall below the current turnover-based notification thresholds.[1] Whereas three options were presented in the consultation, on April 10, 2025 the FCA announced that the first option, namely the introduction of a call-in power based on quantitative and qualitative criteria, had received the most positive feedback and was being prioritized.[2]

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 December 5, 2024,[1] the Paris Court of Appeals (“Court of Appeals”) clarified the scope of its judgment of June 27, 2024, referring back the assessment of TDF’s acquisition of Itas to the French Competition Authority (“FCA”).[2]  The Court ruled that the referral was limited to further investigation, while the final decision would be taken by the Court of Appeals (not the FCA).

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 November 19, 2024, the French Competition Authority (“FCA”) submitted a Report (“FCA Report”) to the Ministers for Energy and the Economy, on the national regulated tariffs for electricity (tarifs réglementés de vente d’électricité – “TRVs”).[1]  The FCA recommended to take practical measures to prepare the termination of the TRV mechanism, anticipating regulatory changes at the national and European levels in favor of market-based pricing.

On October 29, 2024, the French Competition Authority (“FCA”) imposed a fine totalling €470 million on manufacturers and distributors of low-voltage electrical equipment (the “Decision”) for vertical resale price fixing.[1]  The FCA sanctioned two vertical price agreements (i) between Schneider Electric and its distributors Rexel and Sonepar implemented from December 2012 to September 2018, and (ii) between Legrand and its distributor Rexel from May 2012 and September 2015.

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]