Purchasing power plants in the viewfinder of the Competition Authority<

The boss of Nestlé France, Richard Girardot, threw a big pavement in the pond by giving shock interviews on commercial relations, denouncing "an abnormal competition situation", castigating distribution on requests for price reductions and inequalitytreatment of distribution compared to manufacturers by the competition authority, which inflicts very heavy fines (flour, detergents, yogurts...)).

"How is it that commercial directors, who have been fighting with each other for ten, twenty or thirty years, are led to find themselves in restaurant basements to exchange confidential data and agree on prices?asks Richard Girardot, in Lefigaro.The answer is that manufacturers can no longer, that they are being laminated.»Chance of the calendar?The same day, at the request of Emmanuel Macron, Minister of the Economy, and the Senate Economic Affairs Committee, the Competition Authority was to give an opinion on the bringing together of the Purchases of System and Auchan, Casino andIntermarché, Carrefour and Cora… In fact, it is published the next day.It was a question of knowing whether the comparisons pose problems of competition, and, if the suppliers are limited in their access to the consumer.

Analysis grid

The Competition Authority responds nuanced.This is only an opinion, resulting from hearings, not a good and due form, as during anti -competitive practices, or a concentration.Moreover, the creation of a common purchasing power station - as in the case of Casino and Intermarché - or partnership agreements - as is the case for Auchan and System U, and Carrefour and Cora - "do not enter into the field of concentration control, ”she said.

Before engaging in a very argued recall of competition law."The competition authority did not have to decide on existing practices, but had to deliver an analysis grid to allow operators to adapt, explains lawyer Nicolas Genty (Ey lawyers)).It also evokes the anti -competitive effects which could exist and leans there for a long time, but also aims at the procurcurial effects which could buy the anti -competitive effects.»»

Among potential anti -competitive practices, information exchanges could constitute an agreement."Annual negotiations between brands and suppliers relate to the price of purchase of products, discounts and remuneration for commercial cooperation, on the assortment, the launch of novelties or promotional operations.However, several of this information could present a sensitive character if it came to be exchanged between competitors.»» Plus complexe, la « symétrie des conditions d’achat»», à la fois sur les prix et la logistique, qui pourrait aboutir à une « collusion sur le marché de la vente au détail»», ou encore la possibilité qu’une enseigne renonce à racheter des magasins concurrents.The authority is based on a declaration by Thierry Cotillard - the future boss of Intermarché!- at ... lsa."I imagine that it is not our members that Casino will hunt first to develop his park.It’s a kind of gentleman agrement.»» Sans doute n’imaginait-il pas se retrouver dans un avis de l’Autorité de la concurrence ! Enfin, l’Autorité pointe les risques d’éviction et l’abus de dépendance économique…

Real awareness

Las, she also admits that she has never managed to establish an abuse of economic dependence.We must change the legislation, or strengthen the right of restrictive competition practices, which is not its responsibility, but that ... of Emmanuel Macron and the DGCCRF.These are the main recommendations to which are the obligation to notify him of the reconciliations of purchasing power plants of a certain size.Provisions that already appear in Macron law!

Suppliers, however, applaud the opinion rendered."Richard Girardot was very courageous.He said what the thousands of patterns in the food industry think, including SMEs, who were not spared during the last negotiations, says Jean-Philippe Girard, president of Ania.And the opinion of the authority demonstrates a real awareness that this system is out of breath, that the price war is deadly for our industry.»» Côté distributeurs, Jacques Creyssel indiquait, quelques jours avant la publication de l’avis, que la notification du rapprochement des centrales était « une bonne mesure»». Et un distributeur glisse « en off»» : « L’avis revient à nous dire : vous ­pouvez continuer à faire du covoiturage, il faut juste bien ­veiller à respecter le code de la route.»» Inutile d’agiter le ­chiffon rouge alors que la loi Macron arrive devant les sénateurs.And that after an opinion, the authority can also self -risk for anti -competitive practices and pronounce sanctions if this is the case.The highway code, and respect for the gendarme ...