AUGMENTED ECONOMY. NEW PERSPECTIVES.

ANNUAL REPORT 2017
Isabelle Da Silva

"The Autorité is active on numerous fronts and the digital world continues to be at the centre of our activity."

Navigating a changing world

INTERVIEW WITH ISABELLE DE SILVA President of the Autorité de la concurrence

2017 was a particularly busy year. What do you think will be the key priorities in the coming year?

As with every year, the Autorité is active on numerous fronts! The digital world continues to be at the centre of our activity, I will come back to this shortly. But I would also like to mention the agricultural and healthcare sectors, as well as the regulated professions.

Agriculture is a hot topic at the moment because the legal framework was greatly altered in late 2017 and there is now a real need to rebalance the relationship between producers and retailers and, as a result, effectively restructure the sector upstream. Following the French National Food Conference (États généraux de l’alimentation), the government submitted a request to the Autorité to establish a general framework and clarify how the competition rules may apply to the agricultural sector.

The opinion issued in May 2018 decrypts the possibilities for association offered by the new European legal framework and gives an overview of the case law to date so that everyone can develop their activity in the safest manner possible. The government will now draw on this opinion to establish guidelines for businesses in the sector.

Healthcare is another key sector for the Autorité, and a new sector-specific inquiry is ongoing. The wide scope of the investigation will enable us to both revisit subjects that we have already studied – such as the distribution of medicinal products or the online sale of these products – and look into new subjects, such as the process of setting the prices of medicines in France as well as laboratory testing.

The aim is to bring a new and constructive perspective on this sector in light of changes in recent years, but also to review whether current legislation allows for an optimal balance to be achieved. We will look at experiments conducted in other countries and their results, in order to draw lessons from their experience. If changes are advisable, then we will propose new reforms.

Finally, 2018 promises to be a pivotal year for regulated professions, since it will include completion of the first phase of the reform, and the beginning of a second phase, with the process of drawing up a map of new offices for the next two years starting again. By the end of July 2018, 1,650 new notaries will have been appointed by the Minister of Justice following the Autorité’s recommendations. We will need to prepare a report of these first two years of implementing the map and learn from them. Initial feedback is already very positive, if we look at one of the objectives of the 2015 reform, which was to introduce more diversity in the recruitment process: a much greater number of women than usual have been appointed as notaries and many more young people.

The major challenges of digital technology

INTERVIEW OF 4 KEY PERSONALITIES

Algorithms, platforms, big data, protection of personal data… Different perspectives on issues which are now at the heart of regulation and public policies.

Margrethe Vestager
European Commissioner for Competition
Mounir Mahjoubi
State Secretary for Digital Affairs
Andreas Mundt
President of Germany’s national competition authority, the Bundeskartellamt
Isabelle Falque-Pierrotin
President of the CNIL, the French data protection authority
Abuse of dominant position (Engie/100M€ fine)
Non-compliance with the commitments regarding the deployment of the fibre (SFR/40M€ fine)
Modification of the framework of measures imposed to Groupe Canal Plus
Obstruction to an investigation (Brenntag/30M€ fine)
Non-compliance with the commitments regarding the deployment of the fibre (SFR/40M€ fine)
Launch of a sector-specific inquiry on medicinal products and chemical pathology sectors
Floor-covering cartel (302M€ fine)
Results of the sector-specific inquiry into online advertising
Reform of the legal regulated professions

The Autorité in 1 click

KEY FIGURES AND REFERENCE POINTS

605 decisions and opinions
236 merger operations examined
22,6M€ Budget of the Autorité
497,8M€ Total fines 2017
The French authority is the most active national authority within the European network.
4 missions
  • Review mergers
  • Fight anticompetitive practices (agreements and abuses)
  • Provide expert advice (opinions for public authorities and economic stakeholders)
  • Supervise regulated professions (opinions for the government)

Being hyper-connected

EUROPEAN AND INTERNATIONAL COLLABORATION

To address the new challenges by which they are confronted and meet the demands presented by the globalised economy, competition authorities are working closely together. This permanent dialogue within several fora and circles enhances a convergence of approaches and tools.

The French competition authority, which has always been invested in this European and International cooperation, plays a prominent role and actively supports newly established authorities just commencing their work.

Focus on sectors