News

Higher merger control thresholds in France

Cityscape of Paris by the sunset, Paris skyline cityscape, Eiffel tower, France
Cityscape of Paris by the sunset, Paris skyline cityscape, Eiffel tower, France

Key takeaways

Starting September 1, transactions are reportable to the French Competition Authority if (i) the parties to the transaction have combined worldwide revenues exceeding €250 million and (ii) each of at least two parties generates revenues in France of more than €80 million. Lower thresholds continue to apply in the retail sector and in overseas territories.

The new French simplification law raises both the general merger control thresholds and the retail‑sector thresholds.

Higher French merger control thresholds starting September 1



New thresholds

General regime

  • The parties to the transaction have combined worldwide revenues exceeding €250 million (instead of €150 million today);
  • Each of at least two parties generates revenues in France of more than €80 million (instead of €50 million currently).

Retail sector

  • The parties to the transaction - operating brick-and-mortar retail stores - have combined worldwide revenues exceeding €100 million; and
  • Each of at least two parties generates revenues of at least €20 million in the retail sector in France.

Two caveats:

  • Transactions remain reportable to the European Commission (instead of the French Competition Authority) if the European Union merger control thresholds are met;
  • The thresholds in the French overseas territories are unchanged.

Key watch points

“Call‑In” Power for Below‑Threshold Deals? The French Competition Authority (FCA) continues to advocate for a power to review transactions that fall below merger control thresholds where the parties have significant market power (a “call‑in” mechanism).

Enactment of such a law could be delayed in light of France’s 2027 presidential and legislative elections.

Fines for “anticompetitive” acquisitions. The FCA fined the French medtech company Doctolib for acquiring its main competitor. Although the deal fell below the merger control thresholds, the FCA characterized it as a “predatory” acquisition constituting an abuse of dominance.

The FCA has also ruled that, in exceptional circumstances, below‑threshold transactions may be sanctioned as anticompetitive agreements.

 

 

Authored by Eric Paroche, Victor Levy, and Céline Verney.

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