15 FIGHTING MERGER CONTROL ANTICOMPETITIVE As the watchdog of the competitive structure PRACTICES of markets within French territory, the Autorité examines planned acquisitions and mergers The Autorité ensures that anticompetitive agreements and of companies above a certain size. As such, abusive behaviour, which can have a serious impact, are it ensures upstream that such transactions rightly punished. These include horizontal agreements do not lead to the creation of dominant between competitors (including cartels that can lead to price positions or monopolies, which would reduce rises of 25%), vertical agreements between suppliers and the competitive dynamic in the areas in distributors, and abuses (foreclosure, exclusionary conduct) question. If there is a risk that competition by undertakings in a dominant position. These practices harm would be harmed, the Autorité will only clear consumers, downstream businesses, the public accounts any decisions on condition that appropriate and affect the efficiency of the market itself by reducing solutions are put in place (structural or the incentives of firms to improve. Where necessary, behavioural remedies) or it may block the the Autorité imposes fines (always proportionate to transaction. Its decisions ensure that effective the size of the affected market and the tax capacity competition is maintained, which is reflected of the operators concerned) which serve the dual in competitive prices and product diversity purpose of sanctioning the conduct in question for consumers. On average, it scrutinises and deterring other economic operators more than 200 transactions per year. from engaging in similar practices. The Commission, which may consider that the Autorité is best placed to examine a case, regularly refers specific transactions to it which have a European dimension. ADVISING POLICYMAKERS REGULATING The Autorité plays a general advisory and expertise-providing role, THE REGULATED which allows it to act more or less as counsel in the field of competition. LEGAL PROFESSIONS Its expertise is frequently called upon by the Government and parliamentary committees on competition-related issues and draft The Autorité is tasked with regulating seven legislation and regulations. It then evaluates the impact of a reform on regulated legal professions: notaries, court the competitive functioning of a sector, and identifies the possible risks bailiffs, commercial court registrars, court- of distortion that the new bill could generate. The Autorité also has the appointed administrators, court-appointed power to start proceedings on its own initiative. This allows it, firstly, liquidators, judicial auctioneers, and lawyers to focus on the sectors where it believes that more competition would at the Councils (at the French Administrative have a direct and beneficial impact on consumers. This power to take Supreme Court (Conseil d’Etat) and the French the initiative is, secondly, an opportunity to clear up new issues, Supreme Court (Cour de Cassation)). Every two anticipate market developments and understand the challenges years, it is required to make proposals to the in emerging, strategic or changing domains (online advertising, Government on the evolution of rates in these FinTech, etc.). Its recommendations are taken into consideration professions, as well as on new professionals by the Government and public authorities in their reflections, setting up office. and they have directly inspired certain reforms. It therefore actively participates in implementing a reform that comprehensively modernises these professions while ensuring that the economic viability of existing offices is safeguarded. The expected positive effects include better territorial coverage to meet the needs of the population, fairer and more Visit the website understandable rates for consumers, and the of the Autorité inclusion of women and young talent into the to find out more professions concerned. MIS S IO N S