France, 1953: Difference between revisions
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| Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>'' | | Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Rosenfeld,'' supra note 2, at 590.</ref> | ||
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Revision as of 18:31, 27 June 2008
This page is currently under construction. Please check back in early July.
Score = 10
Governed by: Decree 53-704 of August 9, 1953. The decree amends Ordonnance 45-1485 of June 30, 1945 [1][2] and article 419 of the Penal Code.[3]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Art. 419 of the Penal Code permits fines for price manipulation. |
| Prison Sentences | 1 | Art. 419 of the Penal Code permits prison sentences for price manipulation.[4] | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Penal Code Article 419 violations.[5] |
| Remedies Available to 3rd Parties | 1 | The French Code of Criminal Procedure allows private parties injured by crimes, including Art. 419 violations, to press civil actions. [6][7] | |
| 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 | 1 | Article 37(f)(1)(4)prohibits price setting by any party. | |
| 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.[8] | |
| Output Restraint | 1 | Circular 65 of March 31, 1954 states that banned practices include output restraint.[9] | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 59 ter allows otherwise prohibited practices if they increase efficiency. |
References
- ↑ Business Regulation in the Common Market Nations, (Harlan M. Blake, ed., 1969), at 105-126.
- ↑ 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.
- ↑ 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.
- ↑ Id.
- ↑ Blake, supra note 1, at 117
- ↑ current provision, Article 2 of the Code (Ordinance no. 58-1296 of 23 December 1958,) available from Legifrance at http://195.83.177.9/code/liste.phtml?lang=uk&c=34&r=3884
- ↑ This does not apply to Decree 53-704 or Ord. 45-1483. Blake, supra note 1, at 120-123.
- ↑ Rosenfeld, supra note 2, at 590.
- ↑ Id.