France: Competition Authority closes consultation on proposal to control mergers below notification thresholds

On 16 February 2025, the French Competition Authority closes its public consultation on a proposal amending competition law and introducing a system for controlling mergers that are likely to harm competition and that do not exceed the notification thresholds. This proposal follows the European Court of Justice's Illumina/Grail ruling on 3 September 2024, which noted the need for national authorities to ensure no merger harms competition, even if it doesn't require prior notification. The Competition Authority proposes three options for intervention. The first is the Authority's possibility to invoke control over mergers based on quantitative and qualitative criteria, similar to systems in ten EEA countries and several non-EEA states. The second is that certain companies with significant market power, as determined by the European Commission or the Authority, would be required to notify mergers. The third is limiting the Authority's intervention to post-merger phases using antitrust practices regulations such as collusion and abuse of dominant position.