France, 1986

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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