On February 27, 2024, the French Competition Authority (“FCA”) published its roadmap for 2024-2025 as every year,[1] outlining its enforcement priorities for the year ahead.  The FCA emphasized the need to take action in the same key areas of interest as in 2023[2]: (i) the digital economy, (ii) sustainability and the ecological transition, and (iii) the protection of purchasing power. 

Antitrust challenges in the digital markets

The FCA emphasized that it would actively pursue anticompetitive practices by digital companies.

Substantively, it pinpointed the risk of major technology companies controlling access to key digital resources (e.g., data, processors, cloud computing services and computing capacity).  It indicated that it would continue (i) monitoring commitments from Google[3] and Meta[4] as well as verifying the compliance with the injunctions issued against Meta in 2023,[5] (ii) investigating Apple’s conduct in the distribution of applications on iOS mobile devices,[6] and (iii) investigating into the graphics card sector, considered as “a key input for the cloud and artificial intelligence”.[7]  Furthermore, the FCA announced the publication of an ex-officio opinion on generative artificial intelligence before Summer 2024, following a public consultation that ended in March.[8]  Typically, FCA’s opinions lay the ground for enforcement decisions.

As regards its procedural means, the FCA indicated that it would use interim measures as appropriate in the upcoming months in enforcing competition in the digital sector.  It also noted that it would continue to cooperate with other regulatory authorities, such as the data protection authority (CNIL), the telecoms authority (ARCEP) and the audiovisual and digital communication regulator (ARCOM), to ensure effective competition in regulated sectors in relation to the digital economy.  Finally, like in the 2023-2024 Roadmap, the FCA highlighted “the complementarity between ex-ante regulation and competition law[9] and noted that its role in the implementation of the Digital Markets Act would soon be defined by French law.[10]

Finally, the FCA indicated that it would continue to explore the possibility of developing AI-based tools to facilitate work in its own procedures.  While the 2024-2025 Roadmap does not explicitly indicates it, it is expected that the FCA would continue to develop AI-based tools to better detect cartels, specifically.[11]

The FCA in support of the ecological transition

The FCA has, for years, positioned itself as a supporter of the ecological transition.  In its 2024-2025 Roadmap, it recalls that, further to a public consultation which took place in 2023,[12] it intends to publish a notice providing undertakings with informal guidance on the compatibility of their sustainability projects with competition rules.  This notice will be based on the European Commission’s new horizontal guidelines, which cover sustainability-related agreements.[13]  

Moreover, the FCA will conduct targeted sector-specific inquiries in relation to sustainability.  First, it will closely cooperate with the transportation regulatory authority (ART) to follow up on the FCA’s recommendations in the land passenger transport sector issued in November 2023.[14]  Second, it intends to publish an opinion on electric vehicle charging station deployment, pricing, and associated services in Spring 2024.[15]  Third, the FCA will examine the competitive functioning of product rating systems, which provide consumers with information on the sustainability-related characteristics of consumer products and services.[16]  

Finally, the FCA announced that it is willing to extend its sustainability efforts internationally within the International and European Competition Networks.

Protection of consumer purchasing power

The 2024-2025 roadmap reiterates  the FCA’s commitment to support consumer purchasing power through its enforcement action, confirming a priority set out in the 2023-2024 roadmap.  

First, the FCA will make sure that the balance between competitive prices and fair incomes of SMEs and farmers is not shaken by the ongoing restructuring in the mass retail distribution sector.

Second, the FCA indicates that it intends to focus on transport and energy, two sectors which have a direct impact on household budgets. It will continue investigating the rail ticketing sector,[17] the cross-Channel shipping,[18] and fuel supply, storage and distribution in Corsica.[19]  It will also contribute to the reform of the electricity market in collaboration with the energy regulator (CRE). 

Third, the FCA announces that it will monitor competitive conditions in the French overseas territories, especially by concluding its on-going investigations into air transport in the French Antilles[20] and the operation of the port of Longoni in Mayotte.[21]

Finally, the FCA reiterates that regulated professions, such as notaries and commissioners of justice, remain an area of interest.


The 2024-2025 Roadmap is broadly aligned with the previous 2023-2024 Roadmap and reflective of the FCA’s ongoing areas of enforcement.  These roadmaps are not so much used to announce new actions but to take stock and set out the priorities for the upcoming years, with a view to better communicating on its action.  The FCA’s priorities have also played an increasing role in its enforcement, in particular in the area of anticompetitive practices, where the FCA has greater discretion than before to dismiss cases for lack of enforcement priority since the transposition of the ECN+ directive into French law[22] and the publication of its Notice on Enforcement Priorities.[23]

[1]              FCA, Roadmap 2024-2025, available at: https://www.autoritedelaconcurrence.fr/sites/default/files/2024-02/feuille-de-route-2024-2025-EN.pdf

[2]              FCA, Roadmap 2023-2024, available at: https://www.autoritedelaconcurrence.fr/sites/default/files/2023-03/feuille-de-route-2023-2024-EN.pdf

[3]              FCA Press Release, “Related rights: The Autorité accepts Google’s commitments”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/related-rights-autorite-accepts-googles-commitments

[4]              FCA Press Release, “Meta makes commitments to the Autorité de la concurrence”, available at: https://www.autoritedelaconcurrence.fr/en/communiques-de-presse/meta-makes-commitments-autorite-de-la-concurrence

[5]              FCA Press Release, “Online ad verification: The Autorité de la concurrence issues interim measures against Meta”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/online-ad-verification-autorite-de-la-concurrence-issues-interim-measures-against

[6]              FCA Press Release, “Advertising on iOS mobile applications: the General Rapporteur confirms having notified the Apple group of an objection”, available at:  https://www.autoritedelaconcurrence.fr/en/press-release/advertising-ios-mobile-applications-general-rapporteur-confirms-having-notified-apple

[7]              FCA Press Release, “The General Rapporteur of the Autorité de la concurrence indicates that an unannounced inspection was carried out in the graphics cards sector”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/general-rapporteur-autorite-de-la-concurrence-indicates-unannounced-inspection-was

[8]              FCA Press Release, “Generative artificial intelligence: the Autorité starts inquiries ex officio and launches a public consultation open until Friday, 22 March”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/generative-artificial-intelligence-autorite-starts-inquiries-ex-officio-and-launches

[9]              FCA, Roadmap 2024-2025.

[10]             Implementing regulations have already entered into force in other Member States.  For example, in Germany, the Act against Restraints of Competition came into force on November 7, 2023.  Under this Act, the Federal Cartel Office is authorized to investigate violations of Articles 5, 6, and 7 of the DMA. 

[11]             In 2018-2021, under the FCA’s co-chair, the International Competition Network (“ICN”) Cartel Working Group conducted a project on the challenges raised by big data and algorithms in the fight against cartels.  Part of the project focused on data and algorithms as a tool for cartel detection.  See ICN Cartel Working Group Sub-Group 2, Project on “Big Data and Cartels”. The impact of digitalization in cartel enforcement, 28 April 2020, available at: https://www.internationalcompetitionnetwork.org/wp-content/uploads/2020/06/CWG-Big-Data-scoping-paper.pdf

[12]             FCA Press Release, “The Autorité submits for public consultation a draft notice aimed at providing undertakings with informal guidance on the compatibility of their sustainability projects with competition rules”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/autorite-submits-public-consultation-draft-notice-aimed-providing-undertakings

[13]             The European Commission published on July 21, 2023 the revised Horizontal Guidelines, which allow for sustainability agreements to fall outside the scope of application of competition rules when they do not affect price, quantity, quality choice or innovation.  More information available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2990

[14]             FCA Press Release, “Mobility: the Autorité publishes its opinion on the competitive functioning of the land passenger transport sector”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/mobility-autorite-publishes-its-opinion-competitive-functioning-land-passenger

[15]             FCA Press Release, “E-mobility: The Autorité starts proceedings ex officio to analyse competition in the sector of charging infrastructure for electric vehicles”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/e-mobility-autorite-starts-proceedings-ex-officio-analyse-competition-sector-charging

[16]             FCA Press Release, “The Autorité starts inquiries ex officio into the product rating systems sector”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/autorite-starts-inquiries-ex-officio-product-rating-systems-sector

[17]             FCA Press Release, “The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections were carried out in the passenger rail transport, travel agency services and products distribution, and digital mobility systems sectors”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/general-rapporteur-autorite-de-la-concurrence-indicates-unannounced-inspections-were

[18]             FCA Press Release, “Cross-Channel freight transport: the General Rapporteur states that two shipping companies have been notified of objections”, available at: https://www.autoritedelaconcurrence.fr/en/communiques-de-presse/cross-channel-freight-transport-general-rapporteur-states-two-shipping

[19]             FCA Press Release, “The Autorité has opened an investigation into alleged practices in the fuel supply, storage and distribution sector in Corsica”, available at: https://www.autoritedelaconcurrence.fr/en/communiques-de-presse/autorite-de-la-concurrence-has-opened-investigation-alleged-practices-fuel

[20]             FCA Press Release, “The Autorité’s General Rapporteur sends statement of objections to three companies in the intra-Caribbean regional air transport sector”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/autorites-general-rapporteur-sends-statement-objections-three-companies-intra

[21]             FCA Press Release, “Port services at the port of Longoni in Mayotte: the General Rapporteur of the Autorité de la concurrence has notified two objections concerning abuse of dominant position to a company”, available at: https://www.autoritedelaconcurrence.fr/en/press-release/port-services-port-longoni-mayotte-general-rapporteur-autorite-de-la-concurrence-has

[22]             Directive (EU) 2019/1 of the European Parliament and of the Council of December 11, 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (the “ECN+ directive”), transposed into French law by Decree No. 2021-568 of May 10, 2021 and Order No. 2021-649 of May 26, 2021.

[23]             FCA Notice on Enforcement Priorities, 20 October 2022, available at: https://www.autoritedelaconcurrence.fr/sites/default/files/2022-10/Communique-Rejet-pour-defaut-de-priorite.pdf