Our next @Echelle event will be held exclusively online, on Thursday, 21 December at 3pm.

Benoît Cœuré, President of the Autorité de la concurrence, will sit down with Mattias Guyomar, senior judge at the Conseil d’Etat (French Administrative Supreme Court) and judge at the European Court of Human Rights, to discuss the consequences of European Court of Human Rights case law for the application of competition law.

The discussion will be held in French.

Upcoming Webinar on Competition Law and Human Rights

The French Competition Authority is hosting an online webinar on Thursday, December 21, at 3 PM. This event will feature a discussion between Benoît Cœuré, the President of the Authority, and Mattias Guyomar, a senior judge at the Conseil d’Etat and the European Court of Human Rights.

 The focus of the discussion will be on the implications of case law from the European Court of Human Rights for the enforcement and application of competition law in France and across Europe. The conversation will be conducted in French, making it accessible to a wide audience interested in the intersection of human rights and competition policy.



@Echelle webinar: Thursday, 21 December

Following a report prepared by the local network of the Minister of the Economy and submitted by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité de la concurrence has imposed a €4 million penalty on the Mariage Frères group – one of France’s leading producers of premium teas – for hindering the commercial freedom of its distributors for almost 15 years by forbidding them to sell its branded products online, on the one hand, and to resell its products to other retailers, on the other. These practices, which limited intra-brand competition and partitioned markets, constitute a cartel.

In a sector where online sales are enjoying strong growth, the ban on selling the products concerned on the Internet was likely to restrict the development of distributors’ business. By coupling this practice with the ban on reselling to other distributors, Mariage Frères also deprived end consumers of the possibility of enjoying better prices as a result of effective competition between all distributors.

Mariage Frères Fined €4 Million for Restricting Distributor Sales

The Autorité de la concurrence, France's competition authority, has imposed a significant fine of €4 million on Mariage Frères, a prominent producer of premium teas. This penalty stems from the company's practices that have been found to hinder the commercial freedom of its distributors for almost 15 years.

 According to a report from the local network of the Minister of the Economy, Mariage Frères prohibited its distributors from selling its branded products online and from reselling these products to other retailers. Such restrictions have been deemed to limit intra-brand competition and effectively partition markets, which constitutes a cartel under competition law.

 In a market where online sales are rapidly growing, the ban on online sales was particularly detrimental, as it restricted the ability of distributors to expand their businesses. Furthermore, by preventing resales to other distributors, Mariage Frères deprived consumers of the benefits of competitive pricing, which could have resulted from a more open market among distributors.



The Autorité de la concurrence fines Mariage Frères teas for hindering its distributors’ commercial freedom

The diversity, efficiency and cost of land passenger transport are essential for the proper functioning of the French production system and employment market, for French citizens to access education, training and health, and for social and regional cohesion. In addition, French work to reduce greenhouse gas emissions relies critically on the transport sector, the main emitter of greenhouse gases.

Noting that the sector had evolved significantly in recent years, particularly under the impulse of new European legislation, and with contracted rail transport preparing to open up to competition, the Autorité de la concurrence announced on 19 December 2022 that it had launched an opinion at its own initiative, in order to carry out an unprecedented stocktaking exercise.

The Autorité’s review was informed by the results of a public consultation from 3 to 31 March 2023 (36 contributions), as well as by its discussions with all the players in the sector: the French Transport Regulatory Authority (Autorité de régulation des transports, ART), the ministries concerned, several regions and cities, SNCF Réseau, SNCF Gares & Connexions, the French Rail Association (Association française du rail, AFRA) and the French National Federation of Transport Users’ Associations (Fédération nationale des associations d’usagers des transports, FNAUT). Its analysis was also based on a number of public reports and documents, including those of the ART, the French Court of Auditors (Cour des comptes), the French Centre for Studies and Expertise on Risk, Mobility and Development (Centre d’études et d’expertise sur les risques, l’environnement, la mobilité et l’aménagement, CEREMA), the French Ecological Transition Agency (Agence de la transition écologique, ADEME) and the relevant ministries.

The Autorité is today publishing its final opinion.

For the first time, the Autorité is taking a systematic look at the implementation and effects of its past recommendations in a given sector. It is also updating its analysis of the competitive landscape in the sectors concerned to include two additional dimensions – intermodality and sustainable development – and take account of legislative and regulatory developments.

The 250-page document provides an overall assessment, broken down as follows:

While the Autorité is issuing specific recommendations for each market, it finds, across the board, that competition is not only a factor in lowering the cost and improving the quality and diversity of the offer, but also plays a key role in the sector’s ecological transition. Competition offers new levers for a sustainable transport policy, whether in the freely organised transport market or the contracted transport market.

French Competition Authority Reviews Land Passenger Transport Sector

The French Competition Authority (Autorité de la concurrence) has released a detailed opinion regarding the competitive functioning of the land passenger transport sector, highlighting its critical role in the French economy and social cohesion. The authority's review comes in light of significant changes in the sector, particularly due to new European legislation and the impending opening of contracted rail transport to competition.

 Initiated on December 19, 2022, the opinion was informed by a public consultation held from March 3 to March 31, 2023, which garnered 36 contributions. The authority engaged with various stakeholders, including the French Transport Regulatory Authority, relevant ministries, regional and city representatives, and major players like SNCF Réseau and SNCF Gares & Connexions. The analysis also drew from numerous public reports and documents from various organizations, including the French Court of Auditors and the French Ecological Transition Agency.

 This opinion marks a significant step as it systematically reviews the implementation and impact of past recommendations within the sector. It updates the competitive landscape analysis to incorporate intermodality and sustainable development, reflecting recent legislative and regulatory changes.

 The 250-page document provides a comprehensive assessment, offering specific recommendations for each market segment. The authority concludes that competition is essential not only for reducing costs and enhancing service quality but also for facilitating the ecological transition of the transport sector, thereby supporting sustainable transport policies.



Mobility: the Autorité publishes its opinion on the competitive functioning of the land passenger transport sector

The President of the Autorité de la concurrence, Benoît Coeuré, participated in the working group meeting organized by the Japanese presidency in Tokyo on 8 and 9 November.

During the meeting, the G7 competition authorities and policymakers adopted the joint annual update of the "Compendium of Approaches to Improving Competition in Digital Markets" and for the first time a “Digital Competition Communiqué” which sets out the initiatives to promote and protect competition in digital markets and commitment to address competition concerns arising from emerging technologies.

G7 Focuses on Digital Competition at Tokyo Meeting

On November 8 and 9, the President of the French Competition Authority, Benoît Coeuré, took part in a significant working group meeting organized by the Japanese presidency of the G7 in Tokyo. This meeting brought together competition authorities and policymakers from G7 nations to discuss pressing issues related to digital competition.

 During the meeting, the participants adopted the joint annual update of the 'Compendium of Approaches to Improving Competition in Digital Markets.' This document serves as a comprehensive guide outlining various strategies and methodologies that can be employed to foster competition within the rapidly evolving digital landscape.

 In a notable development, the G7 also introduced a 'Digital Competition Communiqué' for the first time. This communiqué articulates the collective initiatives aimed at promoting and safeguarding competition in digital markets. It emphasizes the commitment of G7 countries to address competition concerns that arise from emerging technologies, reflecting a proactive approach to managing the challenges posed by digital transformation.



Participation of the Autorité de la concurrence in the work of the G7 led by the Japanese presidency on digital competition



In partnership with CNIL and the Toulouse School of Economics, the Autorité de la concurrence is organizing an event entitled “Data protection and competition: a common ambition”. During this half-day intended for regulators, researchers and professionals, the Autorité and CNIL will adopt and present a joint declaration.

French Competition Authority Hosts Event on Data Protection and Competition

The Autorité de la concurrence, in partnership with the French data protection authority CNIL and the Toulouse School of Economics, is organizing a significant event titled “Data protection and competition: a common ambition.” This event is scheduled for December 12, 2023, and aims to bring together regulators, researchers, and industry professionals.

 During this half-day event, the Autorité and CNIL will present a joint declaration, highlighting their commitment to aligning data protection with competition policy. This initiative underscores the growing recognition of the importance of data in competitive markets and the need for regulatory frameworks that address both competition and privacy concerns.



Take part in the event “Data protection and competition: a common ambition” on December 12, 2023

Arcep has asked the Autorité de la concurrence for its opinion on three draft decisions as part of the seventh cycle for analysis of the fixed broadband and superfast broadband wholesale markets for the 2024-2028 period. Its request for an opinion concerned, on the one hand, the definition of product and service markets for which ex-ante intervention is necessary, and, on the other hand, the designation of the operator considered as "exercising a decisive influence" on these different markets.

The opinion issued by the Autorité comes at a pivotal time, as this seventh cycle will see the implementation of the copper network closure plan proposed by Orange. By the end of this plan, in 2030, all subscribers should have migrated to fibre optic networks, which are now the reference networks. The general framework of the new cycle is also different from the old one. For the first time, Arcep is proposing to extend the period from three to five years, despite the persistence of several uncertainties likely to affect regulated markets. Furthermore, at this stage, Arcep has decided to reduce the number of relevant markets it intends to regulate, by excluding from its analysis the market for mass-activated wholesale offers (known as "3b") [1], which has been regulated since the sector opened up to competition.

In its opinion, the Autorité validated Arcep's approach to market definition. It welcomes the measures proposed to ensure the access to the civil engineering infrastructures, which is of key importance and is structuring for the sector, and those aimed at facilitating the migration to fibre. It calls on Arcep to be particularly vigilant for the good implementation of the plan to close Orange's copper network and the accompanying measures, as well as regarding the evolution of market 3b. The Autorité particularly calls on Arcep to ensure that the easing of the quality of service framework linked to the commercial closure of the copper network, and perhaps even more so the unbundling pricing framework, do not create imbalances in the market.

Migration to fibre should help boost competition in the business market. The Autorité calls on Arcep to ensure that operators have access to comprehensive eligibility information and are able to offer effective services with conditions at least similar to those that currently exist on the copper network.

French Competition Authority Reviews Broadband Market Analysis for 2024-2028

The Autorité de la concurrence has issued its opinion to Arcep as part of the seventh cycle for analyzing the fixed broadband and superfast broadband wholesale markets, covering the period from 2024 to 2028. This opinion addresses the necessary ex-ante interventions and identifies the operator that significantly influences these markets.

 This cycle is particularly significant as it coincides with the implementation of Orange's copper network closure plan, which aims for all subscribers to transition to fibre optic networks by 2030. Notably, this cycle will extend the regulatory period from three to five years, despite ongoing uncertainties affecting the regulated markets.

 Arcep has also decided to limit the number of markets under regulation by excluding the mass-activated wholesale offers market from its analysis. The Autorité has validated Arcep's market definition approach and supports measures to ensure access to civil engineering infrastructures, which are crucial for the sector's structure and the migration to fibre.

 Furthermore, the Autorité emphasizes the importance of monitoring the implementation of the copper network closure plan and the related measures. It urges Arcep to ensure that any changes to the quality of service framework and unbundling pricing do not disrupt market balance. The transition to fibre is expected to enhance competition in the business market, and the Autorité calls for operators to have access to comprehensive eligibility information to maintain service quality comparable to the existing copper network.



The Autorité issues its opinion to Arcep as part of the procedure for analysing the fixed broadband and superfast broadband wholesale markets

In accordance with Decree 2022-1284 of 3 October 2022, the Autorité de la concurrence has set up a specific framework for the collection and processing of whistleblower reports, which is also accessible from its website.

The "Whistleblower" framework is reserved for identified private individuals who report or disclose, without direct financial compensation and in good faith, information concerning cartel practices, abuses of a dominant position and State aid. This framework guarantees whistleblowers anonymity, confidentiality and protection from legal proceedings or professional retaliation.

French Competition Authority Establishes Whistleblower Framework

The Autorité de la concurrence, France's competition authority, has introduced a dedicated framework for whistleblowers to report antitrust violations. This initiative is in line with Decree 2022-1284, which was enacted on October 3, 2022.

 The framework is specifically designed for private individuals who wish to report information regarding cartel practices, abuses of dominant market positions, and State aid violations. Importantly, whistleblowers can do so without the expectation of financial compensation, provided they act in good faith.

 To encourage reporting, the framework guarantees anonymity and confidentiality for whistleblowers. Additionally, it offers protection against legal actions or professional retaliation, thereby fostering a safer environment for individuals to come forward with critical information regarding antitrust issues.

