The Autorité de la concurrence, France's competition authority, has launched a public consultation aimed at assessing the status, role, and resources of trustees appointed to monitor corrective measures related to mergers. These measures are essential for ensuring that mergers do not adversely affect competition and are necessary for obtaining clearance for potentially problematic mergers.

The consultation will gather contributions that will inform the authority's framework regarding the trustees' responsibilities, which can include both structural measures, such as asset sales, and behavioral measures, like commitments to avoid bundling discounts. The trustees play a crucial role in ensuring compliance with these measures, which are designed to address specific competition concerns identified by the authority.

Trustees are tasked with monitoring the implementation of these corrective measures and must report their findings to the Autorité. Non-compliance can lead to antitrust proceedings or significant fines, as seen in previous cases like SFR/Numéricable and Fnac/Darty. The authority's guidelines, which are influenced by European Commission principles, outline the trustees' roles and appointment processes, although their status is not explicitly defined in regulations.

The consultation is open to previously approved trustees, potential candidates, and companies that have undergone monitoring. Responses are due by April 11, 2025, and will be made public, subject to business confidentiality. The feedback may lead to legislative or regulatory changes or updates to the Merger Control Guidelines.