L'essentiel
      
            

Following the publication of Opinion 23-A-08 of 29 June 2023 on competition in the cloud sector and the enactment on 22 May 2024 of the French law to secure and regulate the digital space (SREN), the Autorité de la concurrence is launching a public consultation on the practice of self-preferencing, as part of the preparation of the report to be submitted to the French parliament and government by 22 November 2025.



As required under the SREN law, the report will present – subject to the confidentiality of investigations – the work of the Autorité in the area of self-preferencing and any procedural or legislative improvements. 



The contributions to the public consultation will not be published and the contributors will not be cited in the report. Stakeholders are invited to submit their responses to the public consultation by 30 June 2025 to the following address: RAPPORTAUTOPREFERENCE@autoritedelaconcurrence.fr.



 
      
      

                
          
        
            Self-preferencing



French law 2024-449 of 21 May 2024 to secure and regulate the digital space (hereinafter the “SREN law”) aims in particular to lift commercial and technical barriers to data portability and the interoperability of services between cloud computing service providers. According to Article 26 of the SREN law, the Autorité is competent with respect to self-preferencing practices, defined as follows: “the supply by a cloud computing service provider, that also supplies software, of software to a customer through the services of a third-party cloud computing service provider under pricing and functional conditions that differ materially from those under which the provider supplies the same software through its own cloud computing service, where such differences in pricing and functionality are not justified”.



If implemented by a dominant operator, self-preferencing – as defined, for example, by the SREN law – may be found to be anticompetitive. In the “Google Shopping” case, the abusive conduct consisted in the more favourable positioning and display, in Google’s general results pages, of its own comparison shopping service compared to competing comparison shopping services. The Commission considered that Google’s self-preferencing practice constituted an abuse of dominant position prohibited by Article 102 TFEU, a decision mostly upheld by the General Court of the European Union.



Moreover, the SREN law provides that “the Autorité may investigate any report made regarding self-preferencing” and can “sanction those practices or adopt any measures necessary”.

Report on self-preferencing practices to be submitted by the Autorité to the French parliament and government



Under the SREN law, the Autorité must submit a report to the French parliament and government within 18 months of the enactment of the law (i.e. by 25 November 2025). In the report, the Autorité will present – subject to the confidentiality of investigations – its work in the area of self-preferencing and any procedural or legislative improvements.

Public consultation open until 30 June 2025



The purpose of the public consultation is to gather feedback from stakeholders on any self-preferencing practices they may have observed in the sector. Stakeholders can also propose, if they so wish, procedural or legislative improvements in connection with self-preferencing.



The questions submitted to public consultation are the following:

Question 1: Have you observed or are you aware of any self-preferencing practices as defined in Article L. 442-12 of the French Commercial Code (Code de commerce)? If that is the case, please provide details and, if applicable, any document you may find relevant.
	Question 2: Would you like to bring to our attention any procedural or legislative improvements in the cloud computing sector and, more specifically, to combat self-preferencing?


The Autorité will not publish the contributions and the contributors (names of companies or organisations) will be not be cited in the report.
      
      
      

                
          
        
          
            Public consultation
      
          
            on self-preferencing in connection with the SREN law
      
        
                  
            
            Read the document (in French)
      
          
              
      

                
          
  
    Contact(s)
          
                
          
              
          
        
              


      
      
      
  
    
      
            Nicola Crawford
      
      
            Communication officer
      
    
    
      
            +33155040151
      
      
     Contact us by e-mail

French Competition Authority Seeks Input on Self-Preferencing Practices

The Autorité de la concurrence, France's competition authority, has launched a public consultation regarding self-preferencing practices in the cloud computing sector. This initiative follows the publication of Opinion 23-A-08 on competition in the cloud and the enactment of the SREN law on May 22, 2024. The consultation aims to gather insights and feedback from stakeholders to inform a report that will be submitted to the French parliament and government by November 22, 2025.

 Self-preferencing is defined under the SREN law as the practice where a cloud service provider, also offering software, provides that software through a third-party service under different pricing and functional conditions than when offered through its own service. Such practices, particularly if executed by a dominant player, may be deemed anticompetitive. The Autorité has the authority to investigate reports of self-preferencing and can impose sanctions or adopt necessary measures.

 The public consultation is open until June 30, 2025, and stakeholders are encouraged to share their observations of self-preferencing practices and suggest any procedural or legislative improvements. The contributions will remain confidential, and contributors will not be named in the final report.



French Competition Authority Seeks Input on Self-Preferencing Practices

The French competition authority is initiating a public consultation on self-preferencing practices in the cloud sector, following the enactment of the SREN law aimed at regulating the digital space.