In early May, eight administrative bodies in charge of regulating different sectors, including the French Competition Authority (“FCA”) for competition, published a joint working paper highlighting the need to take into account the urgency of climate change in exercising their respective missions.
The French Competition Authority (“FCA”) Dismisses Molotov’s Complaint Against TF1 and M6
On April 30, 2020, the FCA dismissed Molotov’s complaint of alleged abuse of collective dominance, abuse of economic dependency and anticompetitive agreements against TF1 and M6.
The FCA Ordered Interim Measures on Google To Negotiate With Publishers and News Agencies for Displaying Their Contents in Search Results
On April 9, 2020, the French Competition Authority (the “FCA”) imposed interim measures on Google following three complaints lodged in mid-November 2019 by publishers unions Syndicat des éditeurs de la presse magazine and Alliance de la presse d’information générale and news agency Agence France Presse (the “Decision”). The FCA found that interim measures were necessary to prevent a potential abuse of dominance in the French market for general online search services.[1]
The French Competition Authority Fines Pari Mutuel Urbain for Failing to Comply With Its 2014 Commitment To Separate Online From Offline Betting Pools
On April 7, 2020, the FCA imposed a €900,000 fine on Pari Mutuel Urbain (“PMU”), the main French horse race betting group, for failing to separate the betting pools of its online and physical activities.[1] PMU had taken this commitment in 2014 in order to end an FCA investigation for a potential abuse of dominance.[2]
The European Commission Authorizes the French Government’s Measures To Face COVID-19
Since the beginning of the COVID-19 outbreak, the French Government has notified a series of measures to the European Commission on the basis of the Temporary Framework adopted by the European Commission in order to enable Member States to support their economy in this specific context.[1] Such measures were authorized by the Commission under Article 107(3)(b) TFEU, as listed below.[2] The Commission also authorized a tax deferral scheme directed at French airlines under Article 107(2)(b) TFEU “to make good the damage caused by natural disasters or exceptional circumstances”.
The French Competition Authority Closes Its Investigation on La Poste Following Commitments Received on Loyalty Discount Practices
On April 2, 2020, the FCA accepted commitments from La Poste, the incumbent operator in postal services in France, and closed its investigation regarding La Poste’s discount practices for delivery services.
The Minister of Economy to Veto the Acquisition of Photonis by Teledyne
On March 31, 2020, French Economy Minister Bruno Le Maire verbally notified US defense manufacturer Teledyne that it would block U.S. conglomerate Teledyne’s proposed acquisition of French night vision startup Photonis.[1] This will be the first use by the Economy Ministry of its veto powers over transactions in strategic industries under the French foreign investment control regime.
The French Competition Authority Suspends Procedural Time Limits Due to COVID-19
On March 27, 2020, the French Competition Authority (“FCA”) published a press release announcing that a number of applicable deadlines for merger review and antitrust proceedings will be adapted further to legal order no. 2020-306 of March 25, 2020 relating to the extension of time- limits during the state of public health emergency.
The European Commission Authorizes an Amendment to the French Recovery Plan
The French Competition Authority Imposes Record Fine on Apple for Vertical Practices and Abuse of Economic Dependence
On March 16, 2020, the FCA imposed a €1.1 billion fine on Apple for entering in anticompetitive agreements with its distributors and abusing the situation of economic dependency of its network of Apple Premium Resellers, issuing by far its highest fine ever. The decision follows a lengthy investigation initiated in 2012, when the then-largest French Apple Premium Reseller eBizcuss accused Apple of abusing its dominant position.