On June 16, 2022, the French Competition Authority accepted binding commitments from Meta to introduce new policies enhancing advertising service providers’ access to its online advertising technologies.
The Paris Court of Appeals reduces the fine imposed on exclusive champagne importer in overseas territory on account of strong inter-brand competition
On June 9, 2022 the Paris Court of Appeals partially reversed an FCA prohibition decision following an appeal by wine importer Distillerie Dillon SAS (“Distillerie Dillon”) and its parent companies Bardinet SAS and Compagnie Financière Européenne de Prises de Participation SA (together, the “Appellants”). The FCA decision, issued on October 29, 2020, sanctioned the Appellants as well as several wine producers and importers, including Champagne Nicolas Feuillatte (“CNF”), for participating in an exclusive importation system for champagne in several overseas French territories.
The French Competition Authority Applies the “Failing Firm” Defense for the First Time
On April 28, 2022, the French Competition Authority (“FCA”) unconditionally cleared the acquisition of home furnishing retailer Conforama
The European Commission approved an ambitious French aid plan for RDI
On April 27, 2022, the European Commission (the “Commission”) approved a State aid scheme of €700 million of the French State “to support research, development and innovation projects by companies of all sizes and active across all sectors”[1] (the “French Scheme” or the “Scheme”). The French authorities estimate the number of beneficiaries of the scheme to range between 11 and 50 companies.[2] The scheme will be in place until December 31, 2023.
The French Cour de cassation clarifies the scope of French legal privilege in the context of dawn raids
On April 20, 2022, the Cour de cassation, the French Supreme Court, upheld the judgment of the First President of the Paris Court of Appeal validating dawn raids carried out by the French Competition Authority (“FCA”) in the wine and spirits sector in 2019. The Cour de cassation held that the scope of the French legal professional privilege (“LPP”) (secret professionnel) is not limited to attorney-client correspondence relating to conduct in the scope of the proceedings at stake but to any and all proceedings, even unrelated to competition law, where any outside lawyer is representing his or her client’s rights of defense.[1]
The French Competition Authority Fines Cofepp for Failure To Notify and Gun-jumping
On April 12, 2022, the French Competition Authority (“FCA”) fined Compagnie Financière Européenne de Prises de Participation (“COFEPP”) 7 million euros for two distinct but related infringements, namely failing to notify a merger transaction (failure to notify) and implementing said transaction before merger control approval had been obtained (so-called “gun-jumping”).
The Conseil Constitutionnel Holds That Multiple Sanctions Imposed on the Same Person for Several Infringements Regarding Restrictive Competition Practices Complies With the French Constitution
On March 25, 2022, the French Conseil constitutionnel[1] held that the provisions of Article L.470-2, paragraph VII of the French Commercial Code, which provide for the cumulative enforcement of penalties imposed on the same person for multiple breaches regarding restrictive trade practices, are in compliance with the French Constitution.
The Paris Court of Appeals Rejects Private Antitrust Damage Claim Against Schneider Electric, Despite Previous Commitments Decision
In a ruling dated March 9, 2022, the Paris Court of Appeals partially quashed a 2019 judgment in which the Paris Commercial Court had held that Schneider Electric France was in a dominant position in certain markets for the supply of spare parts.
The French Conseil D’éTat Rules Out the Possibility To Challenge the Opening of a Pre-notification Phase in Merger Control Proceedings
On March 1, 2022, the Conseil d’État rejected a claim brought by French telecommunications and internet provider Free in connection
Selective Distribution: Lack of Mutual Trust as a Valid Reason for Refusing to Reappoint a Distributor
On February 16, 2022, the Cour de cassation confirmed that lack of mutual trust is a valid reason for a supplier to refuse to reappoint a former member of its selective distribution network, upholding an important decision of the Paris Court of Appeals in the automotive industry.[1]