On January 9, 2020, the French Competition Authority (“FCA”) announced its main priorities for 2020.1[1] The regulator stressed that the digital and retail sectors would remain at the top of its agenda given the recent developments in these fields and the challenging competition issues they raise. Trade associations and unions may also face more significant fines while climate concerns may raise discussions between regulators to enhance environmental protection. On the legislative front, the FCA will follow the implementation of the ECN+ Directive in France and the upcoming revision of French merger control guidelines.
The New Caledonian Competition Authority Issues Its First Decision To Impose Sanctions Relating to the Exclusive Distribution of Elevators
On December 26, 2019, the New Caledonian Competition Authority issued its first decision to impose sanctions, fining four undertakings, two suppliers and two distributors for having established exclusive import rights in the elevator sector (Decision 2019-PAC-05). The Authority issued a total fine of CFP 7.6 million (approx. 63,688 euros) and accepted the binding commitments offered by the four undertakings.
The French Competition Authority (“FCA”) Fines the Four Historical Meal Voucher Issuers for Exchanging Commercially Sensitive Information and Locking Their Market
On December 17, 2019, the FCA issued fines of nearly 415 million euros to the four historical issuers of meal vouchers in France – namely Edenred France, Natixis Intertitres, Sodexo Pass France, and Up – as well as the Centrale de Règlement des Titres (“CRT”) for exchanging confidential commercial information and implementing market locking practices.
The French Competition Authority Fines Compote Manufacturers for Operating a Cartels
On December 17, 2019, the French Competition Authority (“FCA”) fined six compote manufacturers for a total of 58.3 million euros for price fixing and market sharing practices. The fines were imposed on Materne(13.6 million euros), Andros (14.1 million euros), Conserves France (1.9 million euros), Délis SA (9.5 million euros), Charles Faraud (16.4 million euros) and Valade (2.8 million euros).
The French Competition Authority Closes Probe Against Expedia and HRS Regarding Parity Clauses
On December 10, 2019, the French Competition Authority (“FCA”) decided not to continue its investigation into hotel booking platforms Expedia and HRS, initiated in 2013 after complaints from French hotel unions and the Accor group regarding certain clauses imposed by the platforms.[1]
The Paris Court of Appeals Orders Renault Trucks To Disclose the Commission’s Statement of Objections and Its Annexes in a Follow-on Damages Action
On October 25, 2019, the Paris Court of Appeals ordered Renault Trucks to disclose the Commission’s statement of objections (“SO”) and its annexes in a follow-on damages action arising from the Trucks cartel.
The Paris Court of Appeals Quashes a Landmark FCA Decision on Excessive Pricing
On November 14, 2019, the Paris Court of Appeals annulled a decision of the French Competition Authority (“FCA”) which, for the first time since the 2011 Fining Guidelines, had fined a company for abusing its dominant position through excessive pricing.[1] The Court set the conditions for finding exploitative abuses and held that the FCA had failed to show that Sanicorse’s price increases were “objectively unfair”.
The French Administrative Supreme Court (Conseil D’Etat) Confirms the Decision to Impose a €20 Million Fine on Fnac Darty for Failure to Comply With Commitments
On November 7, 2019, the Conseil d’Etat upheld the FCA decision imposing a €20 million fine on Fnac Darty for failing to comply with the commitment to divest three stores, pre-condition for clearance in the acquisition of Darty by Fnac in 2016.[1]
Joint Study on Algorithms by German and French Competition Authorities
On November 6, 2019, the FCO and the French Competition Authority (“ADLC”) presented a joint study on “Algorithms and Competition.”[1] The study focuses on algorithms used for dynamic price setting and their potential effects on competition, particularly in the form of collusion, and contains important insights for companies utilizing third- party algorithms.
Commission Investigates Retail Grocery Sector In France
On November 3, 2019, the Commission opened a formal investigation of potential anticompetitive coordination between two French supermarket chains, Casino and Intermarché. The Commission suspects that the parties’ 2014 joint purchasing alliance, Intermarché-Casino Achats, might have led to them colluding in certain downstream markets, in particular on the development of shop networks and consumer pricing.[1] The Commission’s decision to open an investigation follows the dawn raids that it carried out in May 2019 in cooperation with the French Competition Authority, as reported in our May EU Competition Law Newsletter.