The Autorité de la concurrence in France has taken a significant step by imposing a fine under Article L. 420-1 of the French Commercial Code for a merger that was not subject to mandatory notification. This marks the first instance of such enforcement in relation to a merger.

The merger involved Drapkoc acquiring sole control of Point Net, leading to the formation of Ecostrill, which now holds a monopoly in the medical waste treatment market in La Réunion with nearly 80% market share. The Autorité assessed the merger's impact on competition, referencing the Towercast judgment from the Court of Justice of the European Union, which allows for the application of anticompetitive provisions to non-notified mergers.

The Autorité concluded that the merger significantly impeded effective competition, creating a monopoly that could be further entrenched by regulatory barriers to entry. The lack of alternative treatment methods on the island exacerbated the situation, leaving customers dependent on Ecostrill for medical waste services.

A symbolic fine of €1 was imposed on both parties involved in the merger, signaling that companies must consider potential anticompetitive effects even when transactions fall below notification thresholds. The President of the Autorité emphasized the importance of recognizing competition risks early in the transaction process.