Merger control in France

Étienne Chantrel

Chapter 20 in Research Handbook on Global Merger Control, 2023, pp 462-485 from Edward Elgar Publishing

Abstract: This chapter describes how merger control has been modernized in France: simplification of the notification file (2019), online notification platform (2019), new merger control guidelines (2020). Procedural infringements, particularly gun-jumping, are discussed. The chapter presents the most prominent appeal cases in front of the Conseil d’État (French supreme administrative court) as well a European jurisprudence. The Illumina-Grail case of 2021 is thoroughly discussed. After the European Commission changed its policy regarding Article 22 referrals, a move the Autorité had long called for, the Commission accepted the request submitted by France to review Illumina's proposed acquisition of Grail. The Conseil d’État declined to stay the proceedings, considering it was not competent for referral requests, which are a European matter. The most important decisions since 2015 are summarized, including the first two decisions prohibiting a merger in the history of the Autorité. The chapter finally presents some recent policy debates with a particular focus on digital markets.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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