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Antitrust law, known as competition law in France, aims to preserve competition by regulating anti-competitive conduct by companies. In Marmande, as in the rest of France, these laws are primarily governed by the French Competition Authority (l'Autorité de la concurrence), the European Commission, and European Union law. These bodies handle matters including anti-competitive agreements, abuse of dominant position, and merger control regimes.
Antitrust law is a complex field with ramifications for businesses of all sizes. You might require a lawyer if you are starting a new business and need advice on competition laws, if you have concerns about the legality of your or a competitor's business practices, if your business plans to merge or acquire another company, or if your company has received a complaint or is under investigation for antitrust violations.
While competition laws are primarily national and EU-level, local nuances may exist. French law prohibits anti-competitive agreements and practices, abuses of a dominant market position, and certain mergers or acquisitions without prior notification or approval. In 2020, France has adopted a new system to tackle especially complex and serious cases of acquisitions.
In France, anti-competitive practices include price fixing, limiting production or markets, applying dissimilar conditions to equivalent transactions, and making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations.
Abuse of dominant position may involve practices such as predatory pricing, discrimination, tying, refusal to deal/sell, exclusive dealing agreements and others.
Not all M&A are reviewed. However, if the companies involved have a substantial turnover, in France or globally, notification and approval are usually required.
Companies may face hefty fines based on the severity and duration of the infringement. In severe cases, the French Competition Authority can impose fines up to 10% of the highest worldwide annual turnover achieved during the period of the infringement.
While companies are the primary targets of antitrust enforcement, individuals can be held liable in cases of cartel participations or other personal involvement in antitrust infringements.
The best resources for competition law in France would be the French Competition Authority (l'Autorité de la concurrence) and the European Commission’s competition law guidelines. Global law firms and French legal associations may also provide useful guidance and updates on competition law.
If you require legal assistance, consider reaching out to a legal professional specializing in competition law. It is important to ensure that compliance with competition rules is a regular part of your business practices, and sound legal advice can help. Many professionals offer an initial consultation, where you can discuss your situation and determine the next steps.
