When a merger is the subject of an in-depth review pursuant to the last paragraph of III of Article L. 430-5, the Autorité de la concurrence examines whether it is likely to harm competition, in particular by creating or strengthening a dominant position or by creating or strengthening purchasing power that places suppliers in a situation of economic dependence. It assesses whether the transaction makes a sufficient contribution to economic progress to offset the harm to competition.
The procedure applicable to this in-depth examination of the transaction by the Competition Authority is that provided for in the second paragraph of Article L. 463-2 and to articles L. 463-4, L. 463-6 and L. 463-7. However, the parties who made the notification and the Government Commissioner must produce their observations in response to the communication of the report within a period of fifteen working days.
Before giving its ruling, the authority may hear third parties in the absence of the parties who made the notification. The works councils of the undertakings involved in the concentration shall, at their request, be heard by the authority under the same conditions.