France, 1953: Difference between revisions

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''Governed by:'' Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of June 30, 1945.  
''Governed by:'' Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of June 30, 1945.  
<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 580-95 (1960). '''pp. 593-95 contain an English translation of the relevant portions of the statute.''' </ref>
<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 580-95 (1960). '''pp. 593-95 contain an English translation of many of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref>
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| Market Division
| Market Division
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| Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Id.'' at 590</ref>  
| Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Id.'' at 590. Actual text of the circular is unavailable.</ref>  
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| Output Restraint
| Output Restraint
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| Article 7(3) prohibits limiting or controlling production.
| Circular 65 of March 31, 1954 states that banned practices include output restraint.<ref>''Id.''</ref>
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Revision as of 00:44, 27 June 2008

This page is currently under construction. Please check back in early July.

Score =

Governed by: Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of June 30, 1945. [1][2]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Art. 419 of the Penal Code permits fines for price manipulation.[3]
Prison Sentences 1 Art. 419 of the Penal Code permits prison sentences for price manipulation.[4]
Divestitures 0
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0 The law does not address mergers.
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Art. 37(1)(a) prohibits any party from refusing to sell to consumers.
Abusive Acts 0
Price Setting
Discriminatory Pricing 1 Art. 37(b) prohibits discriminatory pricing.
Resale Price Maintenance 1 Art. 37(1)(f)(4) prohibits any party from engaging in resale price maintenance.
Obstacles to Entry 0
Efficiency Defense
Restrictive Trade Practices Price Fixing 1 Article 59 bis prohibits price fixing.
Tying 1 Art. 37(1)(c) prohibits tying.
Market Division 1 Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.[5]
Output Restraint 1 Circular 65 of March 31, 1954 states that banned practices include output restraint.[6]
Market Sharing
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 59 ter allows otherwise prohibited practices if they increase efficiency.

References

  1. Business Regulation in the Common Market Nations, (Harlan M. Blake, ed., 1969), at 105-126.
  2. Stefan A. Rosenfeld, The Legal Protection of Competition in France, 48 Cal. L. Rev 574, 580-95 (1960). pp. 593-95 contain an English translation of many of the relevant portions of the statute. The full text of the statute is unavailable.
  3. In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Rosenfeld, supra note 2, at 578 n.21.
  4. Id.
  5. Id. at 590. Actual text of the circular is unavailable.
  6. Id.