The French Competition Authority (FCA) has recently launched a public consultation to gather feedback on its draft revised merger control guidelines. The new guidelines aim at replacing the current merger control guidelines which were adopted back in 2013. The adoption of these new guidelines - which is expected “before the end of 2019” - is part of the FCA’s efforts to simplify and modernise merger control in France since autumn 2017.
On the substance, the guidelines provide in particular further information / clarifications on the simplified procedure (including more eligible cases, expedited assessment, online notification platform, etc.) as well as on the FCA’s assessment of notified transactions (in particular when it comes to gun jumping, remedies, review of commitments).
On the form, significant improvements have been made by the FCA in terms of structure (to make the guidelines easier to navigate) and references to its case law (the document was enriched with case law summaries inserted directly in the body text).
The consultation is open until 16 November 2019 and contributions can be sent to: [email protected]