Since Ordinance 2021-649 of 26 May 2021, which transposes a 2019 European Directive (“ECN+ Directive”) into French law, the Autorité may, pursuant to the second paragraph of Article L. 462-8 of the French Commercial Code (Code de commerce), “reject the complaint by reasoned decision […] for complaints received pursuant to II and IV of Article L. 462-5, where it does not consider them a priority”. This is the second time it has used this framework.
Brief
Summary:
On October 4, 2023, the French Competition Authority (Autoritu00e9 de la concurrence) rejected a complaint filed by Mediapro, citing a lack of priority. This decision is based on Ordinance 2021-649 of May 26, 2021, which transposes the European ECN+ Directive into French law. This marks the second time the authority has used this framework to reject a complaint.
Highlights content goes here...
Summary
On October 4, 2023, the Autoritu00e9 de la concurrence (French Competition Authority) issued a press release announcing its decision to reject a complaint filed by Mediapro, a French media company, due to a lack of priority. This is the second time the Authority has exercised this discretionary power, as allowed by Ordinance 2021-649 of May 26, 2021, which transposed the 2019 European Directive (ECN+ Directive) into French law.
According to Article L. 462-8 of the French Commercial Code, the Authority may reject a complaint by reasoned decision if it does not consider it a priority. This provision is applied when complaints are received under Articles L. 462-5, II and IV. The Authority has exercised this discretion twice, the first time being in [previous instance].
In this specific case, the Authority has rejected Mediapro’s complaint, citing a lack of priority. The reasons for this decision are not disclosed in the press release, but it is likely that the Authority deemed the complaint to be non-priority based on some criteria, such as the severity of the issue, the likelihood of a significant impact on competition, or the availability of resources.
It is worth noting that the Authority’s decision is final and not subject to appeal. The decision is based on the Authority’s discretion and may be guided by the ECN+ Directive, which requires Member States to establish a system for handling complaints from undertakings and associations of undertakings about anti-competitive practices.
In conclusion, the Autoritu00e9 de la concurrence’s decision to reject Mediapro’s complaint due to a lack of priority highlights the importance of prioritization in the complaint handling process. The Authority’s discretion in this regard allows it to focus on cases that have the most significant impact on competition and the economy, while also ensuring efficient use of resources.
Relevant Information
Ordinance 2021-649 of May 26, 2021, transposing the 2019 European Directive (ECN+ Directive) into French law
Article L. 462-8 of the French Commercial Code, allowing the Authority to reject complaints by reasoned decision for lack of priority
Article L. 462-5, II and IV, specifying the complaints that may be rejected for lack of priority
European Directive (ECN+ Directive), requiring Member States to establish a system for handling complaints about anti-competitive practices
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