COMPETITION • FRENCH LAW • MERGERS
In the specific case of an abuse of dominant position or of economic dependence, Article L. 430-9 of the Commercial Code of trade confers on the Competition Authority a special power of injunction i.e. the possibility, by reasoned decision, of ordering the undertakings concerned “to amend, supplement or cancel, within a specified period, all agreements and all acts by which the concentration of economic power allowing the abuse has been carried out, even if these acts have been subject to the procedure specified by this title”. The power to order a de-merger falls solely to the jurisdiction of the Competition Authority both as regards its principles and in its terms.
