A strong commitment to fair competition in the overseas territories
The Autorité de la concurrence has jurisdiction in the five French overseas departments and regions (Martinique, Guadeloupe, French Guiana, Réunion and Mayotte), as well as in the overseas collectivities of Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon, and Wallis and Futuna. Due to their autonomy, French Polynesia and New Caledonia have their own authorities (which cooperate closely with the Autorité).
The aim of the various actions taken by the Autorité is to stimulate competition and offer better access to more affordable prices for consumers in the French overseas territories. While some progress has been observed, notably with changes to the legislative framework, the Autorité remains vigilant to support the necessary transformations and guarantee more open and competitive markets in the French overseas territories.
Intervention through three main levers
Tackling anticompetitive practices
The markets in the French overseas territories have specific structural features – high concentration of economic stakeholders, barriers to entry and logistical constraints –, which can encourage the emergence of anticompetitive behaviour.
The Autorité strives to detect and sanction anticompetitive agreements and abuses of dominant position, which restrict competition and contribute to keeping prices high. The Autorité has imposed fines in a number of sectors in recent years, including:
- roadworthiness tests for heavyduty vehicles (Decision 22-D-26 of 22 December 2022);
- fishing and aquaculture (Decision 22-D-21 of 16 November 2022);
- pet air freight (Decision 22-D-05 of 15 February 2022);
- rum production (Decision 21-D-25 of 2 November 2021);
- moving services for military personnel (Decision 20-D-05 of 23 March 2020);
- funeral insurance products (Decision 20-D-03 of 20 February 2020).
In addition, the so-called “Lurel” Law of 20 November 2012 has prohibited unjustified exclusive impo!t agreements in the French overseas territories since 22 March 2013, to combat the high cost of living. These practices can limit retailers’ freedom of choice, restrict competition and contribute to higher prices. In total, the Autorité has imposed fines of more than €2 million against exclusive import agreements in sectors such as champagne, perfumes and cosmetics, preserves, drinks and biscuits, termite traps, desserts, and hygiene and cleaning products.
See our infographic on exclusive import fines
Reviewing mergers to prevent dominant positions
Reviewing mergers and acquisitions is an essential lever for avoiding an excessive concentration of players. In the French overseas territories, there are specific merger control thresholds adapted to the smaller size of the markets. Since its creation, the Autorité has issued 80 decisions, of which 20 subject to commitments, to preserve effective competition.
Playing an advisory role to ensure more efficient markets
The Autorité also supports public authorities through its opinions: 17 have concerned French overseas markets, notably in retail, telecoms and fuels. In its wide-ranging 2019 opinion on competition in the French overseas territories, the Autorité identified several reasons for price differences with mainland France: high forwarding costs (transport, taxes), the role of wholesale importers and the high concentration of players.
Its recommendations included:
- reforming dock dues, with a simplified framework and reduced rates for products with no local equivalent – a proposal taken up in discussions on the reform planned to take place by 2027;
- making structural injunctions more flexible, in order to respond more effectively to situations of excessive concentration;
- strengthening quality and price protection (bouclier qualité-prix), by improving the implementation of the protection measures and introducing a price comparison system for greater transparency.
In February 2025, the French government also requested an opinion from the Autorité on the mark-ups of wholesale importers and distributors of basic food items in Martinique (Press release of 18 February 2025).
ANTICOMPETITIVE AGREEMENTS THAT DROVE UP TICKET PRICES
In December 2024, the Autorité fined Air Antilles, Air Caraïbes and Miles Plus €14.5 million for colluding on prices and reducing the inter-island flight offering between 2015 and 2019. The airlines were in a duopoly situation and had coordinated their fare increases and jointly limited the number of seats available, thus worsening the cost of living in the French Antilles. The investigation uncovered secret exchanges using pseudonyms and anonymous addresses, as well as the sharing of slots to avoid competition. The practices heavily penalised residents, slowing down travel and the local economy, and continued to be implemented despite Hurricane Irma, even affecting emergency evacuations. Air Caraïbes and Miles Plus agreed to a settlement. Air Antilles, which was subject to court-ordered liquidation proceedings (liquidation judiciaire), was not fined, but its parent company, K Finance, received a fine.
Our action since 2008
The priority given to the French overseas territories is reflected in the work of the Autorité.
million in fines
decisions on anticompetitive practices
meger control decisions
opinions, including large-scale panoramic investigations
