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Parliament has just adopted new rules on competition law. Article 26 (10°) of Law No. 2003-591 of July 2, 2003 , empowering the Government to simplify the law, aims to “establish an accelerated procedure for the examination, by the Competition Council , cases below a determined threshold”.

In addition, it provides for the raising of the turnover threshold of companies subject to the control of concentration operations.

Finally, article 5 (3) of this law provides that “under the conditions provided for in article 38 of the Constitution, the Government is authorized to take by ordinance, in compliance with transparency and good information of the public : (…) the measures making it possible to lighten the procedures for awarding public contracts for local authorities”.

The purpose of this article is to enable the Government to increase the threshold above which a public ordering party is obliged to publish a call for tenders and put out to tender for the execution of works. This reform should result in the absence of serious competition for many projects which will therefore be exempt from competition law.
The competition provisions appearing in law no. 2003-706 of August 1, 2003 on financial security have a different objective.

They are intended to fill a legal void concerning the sectoral application of competition law. These enshrine the application of competition law to mergers in the banking and insurance sectors.

Download the article published in “juris classeur” in pdf format

DAMY Law Firm , Nice: competition and consumer law, 2022 update.