Behavioural remediesClick here to read the full article online
The Autorité de la concurrence published a study on behavioural remedies with the dual aim of taking stock of the decision-making practice of the Autorité de la concurrence in terms of behavioural remedies, and providing material for broader reflection on the subject. The Autorité de la concurrence is particularly well placed in this respect as it has made significant use of this tool, which it uses both to put a stop to anticompetitive practices, and in its task of reviewing mergers. By presenting and providing a summary analysis of decision-making practice in terms of behavioural remedies, the Autorité aims to provide companies preparing for a merger or procedures related to anticompetitive practices with tools to understand the methodology it applies in this area, and the desired objectives. It therefore aims to clarify the matter for the companies concerned and all stakeholders. In addition, the study forms part of a broader reflection carried out by the Autorité on the adaptation of its intervention methods and its application of behavioural remedies in case law.