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 = 24

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	Article L.420-6 allows for fines for violations of competitive practices. Article L.430-8 allows for fines for improper merger.
	Prison Sentences	1	Article L.420-6 allows for prison sentences of up to four years for violations of the competition statute.
	Divestitures	0
Private Enforcement	3rd Party Initiation	1	Article L.440-1 allows third parties to initiate proceedings.
	Remedies Available to 3rd Parties	1	Article L.442-6 establishes liability for a small set of competition violations.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	Article L.430-2 requires that large companies get government approval before or when they merge.
	Pre-merger	2	Article 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
Merger Assessment	Dominance	1	Article L.430-6 requires consideration of dominance as part of the decision whether to grant a merger.
	Restriction of Competition	1	Article 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	1	Article L.430-6 allows consideration of
Dominance	Limits Access	0
	Abusive Acts	1	Article 8 prohibits abusive exploitation by a dominant enterprise.
	Price Setting	1	Article 8 applies the restriction on price setting as established in Article 7 to dominant companies.
	Discriminatory Pricing	1	Article 8 bans discriminatory pricing by dominant companies.
	Resale Price Maintenance	1	Article 32 bans RPM when the distributor sets a minimum price (but not for setting a max price)
	Obstacles to Entry	0
	Efficiency Defense	1	Article 10(2) offers a defense for showing that the effect of the acts if they ensure economic progress.
Restrictive Trade Practices	Price Fixing	1	Article 7(2) prohibits price fixing.
	Tying	1	Article 8 prohibits tying arrangements.
	Market Division	1	Article 7(4) prohibits allocating markets or sources of supply.
	Output Restraint	1	Article 7(3) prohibits limiting or controlling production.
	Market Sharing	1	Article 7(4) prohibits allocating markets or sources of supply.
	Eliminating Competitors	1	Article 7(1) prohibits agreements that limits access to the market or free exercise of competition by other enterprises.
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	1	Article 8 prohibits refusing to sell.
	Efficiency Defense	1	Article 10 exempts for Article 7 and 8 agreements that have the effect of ensuring economic progress.