France, 1986: Difference between revisions

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New page: '''This page is under construction. Please check back in mid-July, 2008.''' 1986 saw the passage of a major competition law, Ordinance No. 86-1243 of December 1, 1986.<ref>The text of the...
 
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1986 saw the passage of a major competition law, Ordinance No. 86-1243 of December 1, 1986.<ref>The text of the statute is available in ''French Law, Constitution and Selective Legislation,'' George A. Bermann & Vivian G. Curran, 1998, section 5 (last updated, 1994). The edition notes the legislative changes, and the 1994 changes do not affect the 1986 scoring.</ref>  This replaced Ordinnance No. 45-1243 of June 30, 1945. 1986 also saw the repeal of Penal Code Art. 419 (after 176 years)<ref>in Provision 57 of the statute</ref>.
1986 saw the passage of a major competition law, Ordinance No. 86-1243 of December 1, 1986.<ref>The text of the statute is available in ''French Law, Constitution and Selective Legislation,'' George A. Bermann & Vivian G. Curran, 1998, section 5 (last updated, 1994). The edition notes the legislative changes, and the 1994 changes do not affect the 1986 scoring.</ref>  This replaced Ordinnance No. 45-1243 of June 30, 1945. 1986 also saw the repeal of Penal Code Art. 419 (after 176 years)<ref>in Provision 57 of the statute</ref>.
''Governed by:'' Ordinance no. 86-1243 of 1 December 1986.
{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment
|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Ordinance applies to anything having a competition effect on the French market.<ref>CA Paris, 1ère Ch. sect. conc.,  15 September 1993, Sté. Brassler et Ass.: BOCCRF 8 April 1994.</ref>
|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 13 and 14 provide for monetary sanctions for certain offenses.
|-
|
| Prison Sentences
| 1
| Article 17 provides prison sentences for certain competition offenses.
|-
|
| Divestitures
| 1
| Art. 42 allows the Minister of the Economy to undo certain mergers.
|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Any party who has an interest can commence an action before the courts by serving an assignation.
|-
|
| Remedies Available to 3rd Parties
| 1
| The French Code of Criminal Procedure allows victims of crimes to recover in tort suits.
|-
|
| 3rd Party Rights in Proceedings
| 0
|
|- class="categorydivision"
| Merger Notification
| Voluntary
| 1
|
|-
|
| Mandatory
| 0
|
|-
|
| Pre-merger
| 0
|
|-
|
| Post-merger
| 1
|
|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 38 requires that the companies’ market shares are examined when deciding whether the merger needs review.
|-
|
| Restriction of Competition
| 0
|
|-
|
| Public Interest (Pro D)
| 1
| Art. 41 makes an exception for "National Champion" firms.
|-
|
| Public Interest (Pro Authority)
| 0
|
|-
|
| Other
| 0
|
|-
|
| Efficiency
| 0
|
|- class="categorydivision"
| 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.
|- class="categorydivision"
| 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.
|}
== References ==
<references />

Revision as of 17:18, 30 June 2008

This page is under construction. Please check back in mid-July, 2008.

1986 saw the passage of a major competition law, Ordinance No. 86-1243 of December 1, 1986.[1] This replaced Ordinnance No. 45-1243 of June 30, 1945. 1986 also saw the repeal of Penal Code Art. 419 (after 176 years)[2].

Governed by: Ordinance no. 86-1243 of 1 December 1986.

Category Subcategory Score Comment
Scope Extraterritoriality 1 The Ordinance applies to anything having a competition effect on the French market.[3]
Remedies Fines 1 Articles 13 and 14 provide for monetary sanctions for certain offenses.
Prison Sentences 1 Article 17 provides prison sentences for certain competition offenses.
Divestitures 1 Art. 42 allows the Minister of the Economy to undo certain mergers.


Private Enforcement 3rd Party Initiation 1 Any party who has an interest can commence an action before the courts by serving an assignation.
Remedies Available to 3rd Parties 1 The French Code of Criminal Procedure allows victims of crimes to recover in tort suits.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 1
Mandatory 0
Pre-merger 0
Post-merger 1
Merger Assessment Dominance 1 Article 38 requires that the companies’ market shares are examined when deciding whether the merger needs review.
Restriction of Competition 0
Public Interest (Pro D) 1 Art. 41 makes an exception for "National Champion" firms.
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
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.

References

  1. ↑ The text of the statute is available in French Law, Constitution and Selective Legislation, George A. Bermann & Vivian G. Curran, 1998, section 5 (last updated, 1994). The edition notes the legislative changes, and the 1994 changes do not affect the 1986 scoring.
  2. ↑ in Provision 57 of the statute
  3. ↑ CA Paris, 1ère Ch. sect. conc., 15 September 1993, Sté. Brassler et Ass.: BOCCRF 8 April 1994.
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