The expansion of global digital platforms, the development of new services based on digital technology (algorithms, cloud, artificial intelligence and blockchain) and the disruption of certain sectors of the traditional economy by new types of operators (online sales for brick and mortar retail, online reservation or sharing platforms for the hotel industry, etc.) are confronting competition authorities with new challenges in the implementation of competition law.

The Autorité publishes its contribution to the debate on competition policy and digital issues.

In 2018, together with La Documentation française, the Autorité created a new collection, Les Essentiels, to further understanding of competition. After an initial study on loyalty rebates (2018), it is publishing a new work in February 2020 on behavioural remedies, which reviews use of the tool in the practice of the Autorité de la concurrence.

The Autorité de la concurrence and the Bundeskartellamt studied the potential competitive risks that may be associated with the algorithms. They studied in depth the concept of algorithm as well as the different types and areas of application.

On 12 September 2019, Isabelle de Silva took part in the annual conference organised by the Fordham University. On this occasion, she presented her views on the future of competition law.

The @Echelle event dedicated to the presentation of the report issued to the Competition and Markets Authority (CMA) on « Unlocking digital competition » by M. Philip Marsden,one of the five co-authors of the report, took place on 5 September 2019 at the Autorité de la concurrence. Philip Marsden, Isabelle de Silva, President of the Autorité de la concurrence and Henri Piffaut, Vice-President, were discussing the recommendations of the report.

On 16 July the Autorité de la concurrence hosted an @Echelle event on the report submitted to the European Commission on competition policy for the digital era by Yves-Alexandre de Montjoye, one of the three authors of the report. The discussion brought together Yves-Alexandre de Montjoye, Isabelle de Silva, President of the Autorité de la concurrence and Henri Piffaut, Vice-President.

On 11 April 2019 the first @Echelle event, “Blockchain: What is it? What is its impact for competition law?” was held at the Autorité de la concurrence with the participation of MP Laure de la Raudière, co-author of the information report for the National Assembly's joint fact-finding mission on blockchains published on 12 December 2018 and Professor Thibault Schrepel, author of several articles on blockchain, including “Is blockchain the death of antitrust law? The blockchain antitrust paradox” published on 25 June 2018 and “Collusion by blockchain and smart contracts” published in January 2019.

The purpose of this article is to share the lessons learned by the French Competition Authority (“FCA”) following its first in-depth investigation of a merger case involving two major online platforms.