France/EU, 2005

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Score = 26

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	Art. L.420-6 allows for fines for violations of competitive practices. Article L.430-8 allows for fines for improper merger.
	Prison Sentences	1	Art. L.420-6 allows for prison sentences of up to four years for violations of the competition statute.
	Divestitures	1	Are. L.430-8 authorizes divestment in the case of unauthorized mergers.
Private Enforcement	3rd Party Initiation	1	L.470-7 lets trade organizations file civil suits for practices affecting their industry.
	Remedies Available to 3rd Parties	1	Art. L.442-6 establishes liability for a small set of competition violations. L.470-7 lets trade organizations file civil suits for practices affecting their industry.
	3rd Party Rights in Proceedings	1	Art. L.463-1, "interested parties" may participate in proceedings.
Merger Notification	Voluntary	0
	Mandatory	3	Art. L.430-2 requires that large companies get government approval before or when they merge.
	Pre-merger	2	Art. 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	0
Merger Assessment	Dominance	1	Art. L.430-6 requires consideration of dominance as part of the decision whether to grant a merger.
	Restriction of Competition	1	Art. 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	0
Dominance	Limits Access	1	Art. L.442-1 (citing Articles 121-35 and 122-1 of the Consumer code) prohibits refusing to sell to consumers. Art. L.420-2 (referencing L.420-1) prohibits limiting production.
	Abusive Acts	1	Art. L.420-2 prohibits abuse of a dominant position.
	Price Setting	1	Art. L.420-2 (referencing L.420-1) prohibits price setting.
	Discriminatory Pricing	1	Art. L.420-2 prohibits discriminatory pricing.
	Resale Price Maintenance	1	Art. L.442-5 prohibits resale price maintenance.
	Obstacles to Entry	1	Art. L.420-2 (referencing L.420-1)prohibits creating obstacles to entry.
	Efficiency Defense	1	Art. L.420-4 allows otherwise prohibited practices if they promote more efficient practices, especially for small and medium sized companies.
Restrictive Trade Practices	Price Fixing	1	Art. L.420-1 bans price fixing.
	Tying	1	Articles L.420-2 and L.442-1 ban tying.
	Market Division	1	Art. L.464-6-2 treats market division as a blatant anticompetitive restriction.
	Output Restraint	1	Art. L.420-1(3) bans output restraint.
	Market Sharing	1	Art. L.420-1(4) bans market sharing.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	1	Art. L.420-1(4) bans market sharing. French authorities have, on at least one occasion, treated bid rigging as market sharing.
	Supply Refusal	1	Art. L.420-2 prohibits supply refusal
	Efficiency Defense	1	Art. L-420-4 offers a limited efficiency defense for otherwise prohibited practices.