France, 1977
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In 1977, France enacted Law No. 77-806 of 19 July 1977 Concerning the Control of Ecomonic Concentration and the SUppression of Illegal Concerted Practices and of Abuses of a Dominant Market Position.(henceforth, "Merger Reg")Cite error: Closing </ref> missing for <ref> tag, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835 of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.[1][2][3] (henceforth, modified ordinance 45-1485 will be referred to as "the statute.")
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Art. 419 of the Penal Code permits fines for price manipulation.[4]Art. 40 of the statute also permits fines. |
| Prison Sentences | 1 | Art. 419 of the Penal Code permits prison sentences for price manipulation.[5] Art. 40 of the statute also permits fines. | |
| Divestitures | 1 | Section 8 of the Merger Reg gives the Minister of the Economy the right to undo certain anticompetitive mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Penal Code Article 419 violations.[6][7] |
| Remedies Available to 3rd Parties | 1 | The French Code of Criminal Procedure allows private parties injured by crimes, including Art. 419 violations, to press civil actions. [8] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 1 | Section 5 pf the Merger Reg says that notification of a merger may be given, up to three months after the completion of the merger. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 1 | Section 5 of the Merger Reg says that notification of a merger may be given, up to three months after the completion of the merger. | |
| Merger Assessment | Dominance | 1 | Section 4 of the Merger Reg limits state control to mergers which involved fixed percentages of the domestic market. |
| Restriction of Competition | 1 | Section 4 of the Merger Reg regulates mergers which would "restrain sufficient competition in a market" | |
| Public Interest (Pro D) | 1 | Section 4 of the Merger Reg creates an exemption for otherwise actionable mergers if they "bring a contribution to economic and social progress sufficient to offset the restraints of competition they entail." | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Art. 37(1)(a) of the statute prohibits any party from refusing to sell to consumers. |
| Abusive Acts | 1 | Article 59 bis of the statute prohibits actions by a dominant company that interfere with the market. | |
| Price Setting | 1 | Article 37(f)(1)(4)of the statute prohibits price setting by any party. | |
| Discriminatory Pricing | 1 | Art. 37(b)of the statute prohibits discriminatory pricing. | |
| Resale Price Maintenance | 1 | Art. 37(1)(f)(4) of the statute prohibits any party from engaging in resale price maintenance. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 59 ter of the statute provides a defense for otherwise prohibited abuses of dominance if they increase productivity. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 59 bis of the statute prohibits price fixing. |
| Tying | 1 | Art. 37(1)(c) of the statute prohibits tying. | |
| Market Division | 1 | Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.[9] | |
| Output Restraint | 1 | Circular 65 of March 31, 1954 states that banned practices include output restraint.[10] | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 59 ter of the statute allows otherwise prohibited practices if they increase efficiency. |
References
- ↑ Business Regulation in the Common Market Nations, (Harlan M. Blake, ed., 1969), at 105-126.
- ↑ Id. at 338-348 (containing English translations of many of the statutory provisions)
- ↑ Rosenfeld, supra note 1, at 580-95. pp. 593-95 contain an English translation of some of the relevant portions of the statute. The full text of the statute is unavailable.
- ↑ Id.
- ↑ Id.
- ↑ Blake, supra note 1, at 117
- ↑ This does not apply to Decree 53-704 or Ord. 45-1483.Id. at 295.
- ↑ current provision, Article 2 of the Code (Ordinance no. 58-1296 of 23 December 1958) available in English from Legifrance at http://195.83.177.9/code/liste.phtml?lang=uk&c=34&r=3884
- ↑ Rosenfeld, supra note 1, at 590.
- ↑ Id.