France, 1967
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Score = 13
Governed by: Article 419 of the Penal Code[1], 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.[2][3][4] (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.[5]Art. 40 of the statute also permits fines. |
| Prison Sentences | 1 | Art. 419 of the Penal Code permits prison sentences for price manipulation.[6] Art. 40 of the statute also permits fines. | |
| Divestitures | 0 | ||
| 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.[7][8] |
| 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. [9] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | The law does not address mergers. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| 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.[10] | |
| Output Restraint | 1 | Circular 65 of March 31, 1954 states that banned practices include output restraint.[11] | |
| 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
- ↑ In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, The Legal Protection of Competition in France, 48 Cal. L. Rev 574, 578 n.21 (1960).
- ↑ 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.