France/EU, 2009

Score = 27

Governed by:

• EU law:

• Articles 101 and 102 of the TFEU.
• Council Regulation (EC) No 1/2003 of 16 December 2002 and

Note: With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102 respectively of the TFEU.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies	Fines	1	Art. L.420-6 of the Code de Commerce allows for fines for violations of competitive practices. Article L.430-8 allows for fines for improper merger.
	Prison Sentences	0	The Code de Commerce does not provide for prison sentences for violations of EU law; however, violations of the national law can result in prison sentences.
	Divestitures	1	Are. L.430-8 of the Code de Commerce authorizes divestment in the case of unauthorized mergers.
Private Enforcement	3rd Party Initiation	1	L.470-7 of the Code de Commerce lets trade organizations file civil suits for practices affecting their industry.
	Remedies Available to 3rd Parties	1	Private enforcement of Articles 81 and 82 of the EC treaty is mandated and encouraged by the European Commission.
	3rd Party Rights in Proceedings	1	Art. L.463-1 of the Code de Commerce states that "interested parties" may participate in proceedings.
Merger Notification	Voluntary	0
	Mandatory	3	Art. L.430-2 of the Code de Commerce requires that large companies get government approval before or when they merge.
	Pre-merger	2	Art. L.430-2 of the Code de Commerce 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 of the Code de Commerce requires consideration of dominance as part of the decision whether to grant a merger.
	Restriction of Competition	1	Art. L.430-6 of the Code de Commerce 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 of the Code de Commerce 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	Article 82(b) of the EC treaty prohibits limiting production.
	Abusive Acts	1	Article 82 of the EC treaty prohibits abuse of a dominant position.
	Price Setting	1	Article 82(a) of the EC treaty prohibits price setting.
	Discriminatory Pricing	1	Article 82(c) of the EC treaty prohibits discriminatory conditions.
	Resale Price Maintenance	1	Article 82(a) of the EC treaty prohibits resale price maintenance.
	Obstacles to Entry	1	Article 82 of the EC treaty prohibits using predatory pricing to drive competitors from the market
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 81(1)(a) of the EC treaty prohibits price fixing.
	Tying	1	Article 81(1)(e) of the EC treaty prohibits tying.
	Market Division	1	Article 81 of the EC treaty prohibits market division
	Output Restraint	1	Article 81(1)(b)of the EC treaty prohibits limiting production.
	Market Sharing	1	Article 81(1)(c)of the EC treaty prohibits market sharing.
	Eliminating Competitors	1	Article 81(1) of the EC treaty prohibits agreements that have the purpose or effect of eliminating competition.
	Collusive Tendering/Bid-Rigging	1	Article 81 of the EC treaty prohibits bid-rigging.
	Supply Refusal	1	Article 81(1)(b) bans refusal to supply.
	Efficiency Defense	1	Article 81(3)of the EC treaty allows an efficiency defense.