48
Legal Focus
JANUARY 2013
Competition Enforcement France
Continuing with our look at Competition Enforcement, we turn our attention to France. This month, Lawyer Monthly speaks to Muriel Perrier from French law firm Vivien & Associés in Paris. Here she discusses with us her work, the competition framework that governs companies in France and her opinions on Microsoft's failure to fulfill promises it made three years ago to offer consumers a choice of browsers.
Please introduce yourself, your role and your firm. What are your main activities related to competition and anti-trust law?
Vivien & Associés is a French law firm, with a team of 30 lawyers, providing advisory and litigation services for most areas of international business, in particular corporate law, competition and distribution, commercial contract, tax, labour and employment. Most of the attorneys have an important experience in an international environment.
Personally, I have particular expertise in the areas of competition law and commercial contracts. I assist industrial groups on anti-trust and merger issues in the context of mergers and acquisitions and industrial/commercial partnerships. I also assist and represent clients during investigations and court actions in relation to competition law (cartels, abuse of a dominant position) before the antitrust authorities and the commercial courts. My client basis represents diverse economic sectors such as consumer products (consumer electronics, computer equipment, office supplies), pharmaceuticals and medical devices (optics, etc.) energy, automotives.
What is the legal framework as regards competition law which the companies should be aware of for their activities in France?
I believe there are significant developments both as regards procedure and the substance.
As under EU competition law, the trend under
www.lawyer-monthly.com
French competition law is definitely the increase in the amount of the penalties imposed on the companies participating in anticompetitive practices, in particular price fixing cartels.
In 2011, the French Competition Authority has fined the four major laundry detergent manufacturers active in France an amount of € 397.9 million, for having coordinated their sales prices and promotion policy towards the French retailers (supermarkets and hypermarkets). The decision was rendered after the European Commission had itself fined three of the four companies for an amount exceeding €315 million.
This year, the French Competition Authority has fined different anticompetitive agreements in the packaged flour sector for a total amount of €242.4 million.
It is also to be noted that these two cases were revealed by one of the participating companies which used the leniency procedure and obtained full immunity from fines. Today, most cartels are discovered with such procedure.
The other element that I would like to point out is about the settlement procedure used for cases in relation to prohibition of anticompetitive agreements and abuse of a dominant position under EU or French rules. The procedure is, in practice, often used by the Competition Authority in case of unilateral or vertical practices restricting market access. This procedure may be of interest for the
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112