32 MERGER CONTROL DOSSIER Adapting to the new economic realities In a complex, fast-paced and globalised economic environment, it is essential that competition authorities update their rules so that the behaviour of economic actors cannot thwart the concepts and instruments of competition law. The possible ways we can adapt have been identified, and the modernisation of control has been initiated, both at the national and European levels. A look at the main advances in this area. The economic world is constantly evol-REVISION OF THE FRENCH ving and demands that regulatory rulesMERGER GUIDELINES: be adapted to issues that did not exist CLARIFICATION, when they were created. This progressive SIMPLIFICATION overhaul is underway at the national level,AND MODERNISATION with measures to simplify and modernise the tools of French competition law imple-On 23 July 2020, the Autorité published mented by the Autorité. At the Europeanits new merger control guidelines, which level, the change in the Commission’s replaced those of 4 July 2013. This publi- approach, which now accepts that natio-cation, which followed a public consul- nal competition authorities refer sensi-tation held in late 2019, completes a tive mergers to it for examination, substantive modernisation process that including those below the thresholds, isstarted in 2017. a major step forward, but it is also worth noting the current revision of the NoticeThese new guidelines are intended to pro- on the definition of relevant market. vide companies and their boards with an instructive presentation to help them bet- ter understand the scope of merger control in France, the way in which the procedure before the Autorité de la concurrence is conducted and, finally, the objectives, criteria and methods used for the subs- tantive analyses.