The French Competition Authority (“FCA”) imposed a €150 million fine on Apple for abusing its dominant position between 2021 and 2023 as a distributor of mobile applications on iOS and iPadOS devices through the implementation of “artificially complex” requirements relating to privacy protection.[1]
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]
On April 17, 2025, further to an appeal lodged by a competitor (Valocîme), the Conseil d’Etat upheld the French Competition Authority (“FCA”) decision[1] approving Phoenix Tower International (“PTI”) as purchaser of the passive mobile infrastructure assets which Cellnex had committed to divest as part of the FCA’s review of its acquisition of Hivory.[2] The Conseil d’Etat approved the FCA’s analysis of the independence of the proposed purchaser as well as the absence of new adverse competitive effects due to the purchaser’s acquisition of the divested assets.
In two rulings of April 8, 2025, the French Cour de cassation confirmed that dawn raids may lawfully be conducted at employees’ private residences without requiring additional safeguards beyond those set out in the French Commercial Code.[1]
On March 21, 2025, the French Competition Authority (“FCA”) conditionally cleared the acquisition of 98 former Casino food retail stores by Auchan.[1] The FCA decision is conditional on (i) the divestment of one supermarket, and (ii) sharing the sales area of one hypermarket with two competitors.
On January 22, 2025, the Paris Court of Appeal (the “Court of Appeals”)[1] upheld the Paris Commercial Court’s dismissal
On January 21, 2025, the French Competition Authority (“FCA”) issued its first opinion on a collective agreement in the private-hire vehicle (“PHV”) services sector.[1] Signed on December 19, 2023 by a trade organization representing two ride-hailing platforms and two driver trade unions, the agreement requires platforms to implement a system allowing drivers to set a minimum income per kilometer for the trip requests they receive. If approved by the Autorité des relations sociales des plateformes d’emploi (“ARPE”), the agreement would be extended across the entire sector. The FCA, asked to assess whether the extension of such system could raise competitive concerns, could not rule it out, notably because only the market leader, Uber, is currently capable of implementing it.
On January 15, 2025, the Paris Court of Appeal issued a decision in a follow-on damages case brought by French retail companies harmed by a cartel, providing clarifications on how financial damages should be calculated to also reflect the deprivation of funds over time and how responsibility should be shared among the undertakings found liable.[1]
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).