French Law (Loi) No. 2026-403 of 26 May 2026 concerning the simplification of the economy was promulgated and published in the Official Journal of the French Republic on 27 May. Its Article 24 amends Article L. 430-2 of the French Commercial Code (Code de commerce) to increase the thresholds above which a concentration must be notified to the French Competition Authority (Autorité de la concurrence) and cannot be closed pending the clearance of the Authority.
Under French Law No. 2026-403 and regarding the thresholds applicable to all industries with the exception of the retail sector, the threshold consisting in the total worldwide VAT excluded turnover of all the undertakings concerned increases from Euros 150 to 250 million, and the threshold consisting in the total VAT excluded turnover achieved in France by at least two of the undertakings concerned increases from Euros 50 to 80 million.
As for the thresholds specific to the retail sector, the threshold consisting in the total worldwide VAT excluded turnover of all the undertakings concerned is increased from Euros 75 to 100 million, and the threshold consisting in the total VAT excluded turnover generated in France by at least two of the undertakings concerned from Euros 15 to 20 million.
These new thresholds will enter in effects on 1st September 2026 and will apply to any concentration notified to the French Competition Authority from that date.
The French Competition Authority deemed it necessary to raise the French merger notification thresholds because the previous thresholds dated back to 2008 and had never been adjusted for inflation. The increase aims at reducing administrative burdens on businesses and allows the Authority to focus on mergers with a major impact.
For the record, New Caledonia, and French Polynesia, two French overseas territories, have their own merger control regimes under their local law, with thresholds specific to each of these territories which are not affected by French Law No. 2026-403.
Finally, a concentration that meet both the French and European Union thresholds does not fall under the competence of the French Competition Authority but falls within the scope of the European merger control regime established by Council Regulation (EC) No. 139/2004 of 20 January 2004 concerning the control of concentrations between undertakings and must be notified to the European Commission.
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Partner
French and European Union competition law
Commissioner of the New Caledonia Competition Authority
Lecturer at Université de Paris Dauphine
