France, 2005

Some French competition law is codified in provisions of the code de la consommation (consumer code). The majority is contained in Livre (book) IV of the Code de commerce (commercial code). Unless otherwise specified, all provisions cited refer to the Code de commerce.

Score = 26

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article L.420-1 extends the scope of the act outside of France in limited circumstances.
Remedies	Fines	1	Art. L.420-6 allows for fines for violations of competitive practices. Article L.430-8 allows for fines for improper merger.
	Prison Sentences	1	Art. L.420-6 allows for prison sentences of up to four years for violations of the competition statute.
	Divestitures	1	Are. L.430-8 authorizes divestment in the case of unauthorized mergers.
Private Enforcement	3rd Party Initiation	1	L.470-7 lets trade organizations file civil suits for practices affecting their industry.
	Remedies Available to 3rd Parties	1	Art. L.442-6 establishes liability for a small set of competition violations. L.470-7 lets trade organizations file civil suits for practices affecting their industry.
	3rd Party Rights in Proceedings	1	Art. L.463-1, "interested parties" may participate in proceedings.
Merger Notification	Voluntary	0
	Mandatory	3	Art. L.430-2 requires that large companies get government approval before or when they merge.
	Pre-merger	2	Art. L.430-2 requires that large companies get government approval before or when they merge. However, article L. 430-4 allows companies to merge while awaiting approval under urgent circumstances.
	Post-merger	0
Merger Assessment	Dominance	1	Art. L.430-6 requires consideration of dominance as part of the decision whether to grant a merger.
	Restriction of Competition	1	Art. L.430-6 requires consideration of the effects on competition as part of the decision whether to grant a merger.
	Public Interest (Pro D)	1	Art. L.430-6 requires consideration of public public interest, especially with regard to international competitors, when deciding whether to permit a merger.
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Art. L.442-1 (citing Articles 121-35 and 122-1 of the Consumer code) prohibits refusing to sell to consumers. Art. L.420-2 (referencing L.420-1) prohibits limiting production.
	Abusive Acts	1	Art. L.420-2 prohibits abuse of a dominant position.
	Price Setting	1	Art. L.420-2 (referencing L.420-1) prohibits price setting.
	Discriminatory Pricing	1	Art. L.420-2 prohibits discriminatory pricing.
	Resale Price Maintenance	1	Art. L.442-5 prohibits resale price maintenance.
	Obstacles to Entry	1	Art. L.420-2 (referencing L.420-1)prohibits creating obstacles to entry.
	Efficiency Defense	1	Art. L.420-4 allows otherwise prohibited practices if they promote more efficient practices, especially for small and medium sized companies.
Restrictive Trade Practices	Price Fixing	1	Art. L.420-1 bans price fixing.
	Tying	1	Articles L.420-2 and L.442-1 ban tying.
	Market Division	1	Art. L.464-6-2 treats market division as a blatant anticompetitive restriction.
	Output Restraint	1	Art. L.420-1(3) bans output restraint.
	Market Sharing	1	Art. L.420-1(4) bans market sharing.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	1	Art. L.420-1(4) bans market sharing. French authorities have, on at least one occasion, treated bid rigging as market sharing.
	Supply Refusal	1	Art. L.420-2 prohibits supply refusal
	Efficiency Defense	1	Art. L-420-4 offers a limited efficiency defense for otherwise prohibited practices.