Adoption Of "Macron" Bill: Broader Powers For The French Competition Authority

The bill for economic growth and activity ("Macron bill") was adopted on 10 July 2015 after three applications of an exceptional measure based on Article 49-3 of the French Constitution to bypass a parliamentary vote. It expands the French Competition Authority's ("the FCA") powers and confirms the key nature of competition law in the French economy.

Control of mass-market retailing

Firstly, the Macron bill extends to the whole territory the FCA's structural injunction power^[1]. It could formerly be used only in DROM and COM^[2] against dominant retailers or groups of retailers which position raised competition concerns resulting from high prices and margins. Hence, the bill unifies the applicable procedure to metropolitan companies to the one applicable to companies located in DROM and COM. If those companies or groups do not provide a satisfactory answer to the FCA's competition concerns expressed in a motivated report, the FCA can force them to modify or