This presentation by Caroline Teyssié, Rapporteure at the Autorité de la concurrence (French Competition Authority), was made during the Workshop on market studies selection and prioritisation of sectors and industries held on 9 March 2017 at the OECD Headquarters. More papers and presentations on the topic can be found out at http://www.oecd.org/daf/competition/market-studies-workshop-on-selection-prioritisation-of-sectors-industries.htm

1. Market studies
An overview of the French NCA’s approach
Caroline Teyssié
Rapporteure
OECD, 9 March 2017

2. Outline
I - Introduction
II - General aspects
III - Sector opinions
IV - Sector investigations
V - Conclusion

3. I - Introduction
● 1 / Scope of the presentation
 Preliminary remark on the notion of « martket
studies »
 About « market screening » - the French NCA
has not developed any economic tool aiming at
detecting anticompetitive practices

4. I - Introduction
● 2/ Institutional framework in France
 Ministry for the Economy (DGCCRF)
 Autorité de la concurrence (ADLC)
• The investigation services
• The decision-making body

5. I - Introduction
● 3/ ADLC - two intruments to investigate
economic sectors
 An « advisory » tool: sector inquiries leading
to sector opinions (advocacy)
 A « litigation » tool: sector investigations
leading to the opening of new cases (litigation)

6. II - General aspects
● 1/ Legal basis
 Sector opinions : based on power to issue an
opinion on the functioning of a sector
 Sector investigations : based on investigation
powers (articles L. 450-3 and L.450-4 of code of
commerce)

7. II - General aspects
● 2/ Selection of sectors
How does the ADLC select the sectors to be scrutinized?
 Instruments of a general nature:
- Economic reports;
- Reports of public bodies;
- Etc.
 Instruments directly linked to the ADLC
activities:
- Specialization of antitrust units;
- Merger control.

8. III - Sector opinions
● 1/ Main procedural steps leading to
sector opinions
 Ex-offico opening of inquiry
- Scope of the inquiry
- Tools (questionnaires, interviews, etc.)
 From the preliminary report to the final
opinion
- Preliminary report
- Public consultation
- Hearing and final opinion

9. III - Sector opinions
● 2/ Main developments in a sector
opinion
 Description of the regulatory framework
 Description of main economic aspects
 « Competitive assessment »
 Recommendations

10. III - Sector opinions
● 3 / Aftermath of sector opinions
 Advocacy
 Impact on sector regulation

11. III - Sector opinions
● 4/ Examples of sector opinions (2012-
2016)
 2012: 2 opinions (e-commerce, car repair and
maintenance)
 2013: 1 opinion (distribution of medicinal
products)
 2014 : 1 opinion (long distance coach transport)
 2015 : 1 opinion (standard setting)
 2016 : 1 opinion (hearing aids)

12. IV - Sector investigations
● 1/ Legal basis
 Initiation of investigations
 Investigative powers - including dawn-raids
(articles L.450-3 and L.450-4)

13. IV - Sector investigations
● 2/ Main steps
 How to open a sector investigations?
 How to run a sector investigation?
 The outcome of a sector investigation

14. V - Conclusion
● No « market screening » in France
● Two types of « sector inquiries » with different
perspectives/outcomes
● Selection of sectors based on experience/gathered
information indicating that there is a need for
further investigation

15. Thank you for your attention !