Februar 29. 2024

Key developments and trends in French antitrust enforcement in 2023


Introduction and key takeaways

Although the average and total fines imposed by the French Competition Authority (FCA) in 2023 have decreased in comparison to previous years,1 it has nevertheless been very active on the antitrust front. This is reflected in the significant number of enforcement decisions that have been handed down, including 10 where fines were imposed, and more than double the number of opinions adopted in 2023 compared with the year before.2 In this context, several emerging trends as well as themes carried over from previous years but with new impetus, can be observed. This article explores the key developments in this context.

First and foremost, the FCA demonstrated its continued commitment to closely monitor competition in the digital sector. The FCA also shifted sustainability in the competition sphere further up its priority list. Finally, 2023 stood out for the high number of fines issued in the context of vertical infringements. The first two areas are expected to remain a focus for 2024 and there are indications that FCA may add other fast-developing areas to its enforcement activity such as anticompetitive practices in labor markets. The FCA is also expected to continue to closely monitor the behavior at all levels of the agrifood sector3 and in French overseas territories, in line with its declared objective to protect consumers' purchasing power in the current inflationary context.4

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