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France

Published online by Cambridge University Press:  05 November 2014

Juliette Goyer
Affiliation:
White & Case, Paris, France
Lauriane Lépine
Affiliation:
White & Case, Paris, France
Jean-Paul Tran-Thiet
Affiliation:
White & Case, Paris, France
Maher M. Dabbah
Affiliation:
Queen Mary University of London
Paul Lasok QC
Affiliation:
Monckton Chambers
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Summary

Merger control was first introduced in France by the Act of 19 July 1977. At the time, the merger control regime was soft. Merger notification was voluntary and based on market share thresholds. The decision-making power belonged to the Minister of Economy. The Ordinance No. 86–1234 of 1 December 1986 introduced alternative turnover thresholds and reinforced the merger control regime.

The Law on New Economic Regulations No. 2001–420, passed on 15 May 2001, modified the French merger control regime with a view to align it with the EU merger control regime and to enhance its efficiency. One of the most important changes is that notification became mandatory. A definition of the term ‘concentration’ was also introduced in the law which is similar to that applied at EU level. In addition, turnover thresholds were lowered by a 2002 decree before they were raised again in March 2004. The decision-making power remained with the Minister of Economy while the Competition Council played only an advisory role and was to be consulted by the Minister of Economy on a discretionary basis.

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Publisher: Cambridge University Press
Print publication year: 2012

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