On May 12, 2021, following an in-depth “Phase 2” review, the French Competition Authority (“FCA”) issued its second ever merger control prohibition decision, as it considered that Ardian’s proposed acquisition of sole control over pipeline company Société du Pipeline Méditerrannée-Rhône (“SPRM”) raised serious competition concerns.[1]
The French Competition Authority Unconditionally Clears Vivendi’s Acquisition of Prisma Media
On April 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Vivendi’s acquisition of Prisma Media, a French press publishing group.[1] The FCA found that the proposed transaction did not create any significant impediment to effective competition, despite the existence of conglomerate relationships between the Parties’ activities.
The French Competition Authority Releases Its Opinion on New Payment Technologies
On April 29, 2021, the French Competition Authority (“FCA”) issued its opinion on the competitive situation in the payment sector (the “Opinion”).[1] Although the Opinion concludes that recent developments—including the introduction of new technologies in payment activities and the proliferation of FinTech companies—are “overall procompetitive”,[2] it raises a number of areas of potential concern on which the FCA pledges to keep a close eye. The Opinion particularly stresses the risks stemming from the expansion of BigTech in the sector.
The Conseil d’Etat Holds That It Is Not Competent To Hear an Objection Against an FCA’s Referral of a Merger to the Commission
On April 1, 2021 the Conseil d’Etat ruled that it lacks jurisdiction to review a French Competition Authority (“FCA”) decision referring a contemplated merger to the European Commission (“Commission”) under Article 22 of the EU Merger Regulation (“EUMR”).[1]
The Conseil Constitutionnel Holds That Article L. 464-2(5), 2° of the French Commercial Code Is Contrary to the Constitution
On March 26, 2021, the French Conseil constitutionnel ruled that Article L. 464-2(5), 2° of the French Commercial Code, under which the French Competition Authority (“FCA”) may impose a fine of up to 1% of an undertaking’s turnover for obstructing an investigation, was contrary to the French Constitution.[1]
The French Competition Authority Fines Leading Manufacturers of Industrial Sandwiches €24 Million for Entering Into an Anticompetitive Agreement
On March 24, 2021, the FCA sanctioned[1] three manufacturers of industrial sandwiches sold under private labels, La Toque Angevine (“LTA”), Daunat, and Roland Monterrat, for fixing prices and market allocation in France.
The French Competition Authority Dismisses Interim Measures Request Against Apple
On March 17, 2021, the French Competition Authority (hereinafter, the “FCA”)[1] rejected the request for interim measures of various players in the online advertising industry concerning the introduction by Apple Inc. (“Apple”) of the App Tracking Transparency (“ATT”) feature as part of the upcoming changes in its iOS 14 operating system.
The French Conseil d’Etat Recognizes Right of Employee Representatives to Appeal Against a French Competition Authority’s Merger Clearance Decision
On March 9, 2021, the French Conseil d’Etat ruled that the employee representative body of the target company could appeal the FCA’s decision to clear the transaction. However, the Conseil d’Etat dismissed the appeal on the merits.[1]
The French Competition Authority Fines Vinci Group for Bid Rigging in a Public Tender for Building Maintenance in the City of Lille
On March 4, 2021, the FCA fined Santerne Nord Tertiaire (“Santerne”), a Vinci group subsidiary, a total of €435,000 for bid rigging in a public tender for building maintenance in the city of Lille.[1]
The French Competition Authority Dismisses Interim Measures Against French Electricity Supplier EDF
On February 18, 2021, the FCA announced that it had denied interim measures requested by Plüm Energie, a competing electricity supplier, to prevent Électricité de France (“EDF”) from allegedly abusing its dominant position in the French market for the supply of electricity.