France, 1986: Difference between revisions

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'''This page is under construction. Please check back in mid-July, 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.<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 and its modifications, as well as Law No. 77-806 of 19 July 1977 (the old Merger Reg). 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.
''Governed by:'' Ordinance no. 86-1243 of 1 December 1986.
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| Scope
| Scope
| Extraterritoriality
| 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"
|- class="categorydivision"
| Remedies
| Remedies
| Fines
| Fines
| 1
|  
| Articles 13 and 14 provide for monetary sanctions for certain offenses.
|  


|-
|-
|  
|  
| Prison Sentences
| Prison Sentences
| 1
|  
| Article 17 provides prison sentences for certain competition offenses.
|  


|-
|-
|  
|  
| Divestitures
| Divestitures
| 1
|  
| Art. 42 allows the Minister of the Economy to undo certain mergers.
|  




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| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 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
| 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
| 3rd Party Rights in Proceedings
| 0
|  
|  
|  


|- class="categorydivision"
|- class="categorydivision"
| Merger Notification
| Merger Notification
| Voluntary
|  
| 1
|  
|  
|  
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|  
|  
| Mandatory
| Mandatory
| 0
|  
|  
|  
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|  
|  
| Pre-merger
| Pre-merger
| 0
|  
|  
|  
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|  
|  
| Post-merger
| Post-merger
| 1
|  
|  
|  
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 1
|  
| Article 38 requires that the companies’ market shares are examined when deciding whether the merger needs review.
|  
|-
|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 0
|  
|  
|  
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|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
|  
| Art. 41 makes an exception for "National Champion" firms.
|  
|-
|-
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|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance
| Limits Access
|  
| 0
|  
|  
|  
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|  
|  
| Abusive Acts
| Abusive Acts
| 1
|  
| Article 8 prohibits abusive exploitation by a dominant enterprise.
|  


|-
|-
|  
|  
| Price Setting
| Price Setting
| 1
|  
| Article 8 applies the restriction on price setting as established in Article 7 to dominant companies.
|  


|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 1
|  
| Article 8 bans discriminatory pricing by dominant companies.
|  
|-
|-
|  
|  
| Resale Price Maintenance
| 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
| Obstacles to Entry
| 0
|  
|  
|  
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|  
|  
| Efficiency Defense
| Efficiency Defense
| 1
|  
| Article 10(2) offers a defense for showing that the effect of the acts if they ensure economic progress.
|  
|- class="categorydivision"
|- class="categorydivision"
| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 1
|  
| Article 7(2) prohibits price fixing.
|  
|-
|-
|  
|  
| Tying
| Tying
| 1
|  
| Article 8 prohibits tying arrangements.
|  
 
|-
|-
|  
|  
| Market Division
| Market Division
| 1
|  
| Article 7(4) prohibits allocating markets or sources of supply.
|  
|-
|-
|  
|  
| Output Restraint
| Output Restraint
| 1
|  
| Article 7(3) prohibits limiting or controlling production.
|  
|-
|-
|  
|  
| Market Sharing
| Market Sharing
| 1
|  
| Article 7(4) prohibits allocating markets or sources of supply.
|  
|-
|-
|  
|  
| Eliminating Competitors
| 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
| Collusive Tendering/Bid-Rigging
| 0
|  
|  
|  
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|  
|  
| Supply Refusal
| Supply Refusal
| 1
|  
| Article 8 prohibits refusing to sell.
|  
|-
|-
|  
|  
| Efficiency Defense
| Efficiency Defense
| 1
|  
| Article 10 exempts for Article 7 and 8 agreements that have the effect of ensuring economic progress.
|  
|}
|}

Revision as of 19:11, 9 July 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 and its modifications, as well as Law No. 77-806 of 19 July 1977 (the old Merger Reg). 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
Remedies Fines
Prison Sentences
Divestitures


Private Enforcement 3rd Party Initiation
Remedies Available to 3rd Parties
3rd Party Rights in Proceedings
Merger Notification
Mandatory
Pre-merger
Post-merger
Merger Assessment Dominance
Restriction of Competition
Public Interest (Pro D)
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance
Abusive Acts
Price Setting
Discriminatory Pricing
Resale Price Maintenance
Obstacles to Entry
Efficiency Defense
Restrictive Trade Practices Price Fixing
Tying
Market Division
Output Restraint
Market Sharing
Eliminating Competitors
Collusive Tendering/Bid-Rigging
Supply Refusal
Efficiency Defense

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
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