BOOK IV: Free pricing and competition.

The rules laid down in this Book apply to undertakings understood as entities, whatever their legal form and method of financing, which carry out production, distribution and service activities, including those carried out by public bodies, in particular under public service delegation agreements.

Unless otherwise provided by law, the prices of goods, products and services covered prior to 1 January 1987 by Ordinance no. 45-1483 of 30 June 1945 are freely determined by competition. However, in sectors or areas where price competition is limited due either to monopoly situations or lasting supply difficulties, or to legislative or regulatory provisions, a decree in Council of State may regulate prices after consultation with the Competition…

In communities covered by article 73 of the Constitution and in the overseas collectivities of Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon and Wallis-et-Futuna, and in sectors where supply conditions or market structures limit the free play of competition, the Government may, after receiving the public opinion of the Competition Authority and by decree in the Conseil d’Etat, adopt the measures necessary to remedy the malfunctioning of the wholesale markets for the goods and…

In communities covered by article 73 of the Constitution and in the overseas collectivities of Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon and Wallis-et-Futuna, and in accordance with Article 349 of the Treaty on the Functioning of the European Union, the Government may regulate the selling price of essential products or families of products by decree in the Conseil d’Etat, following a public opinion from the Autorité de la concurrence.

I. – In the local authorities covered by the article 73 of the Constitution and in the overseas collectivities of Saint-Martin, Saint-Pierre-et-Miquelon and Wallis-et-Futuna, following a public opinion from the territorially competent price, margin and income observatory, the State representative negotiates each year with the professional organisations of the retail trade sector and their suppliers, whether producers, wholesalers or importers, as well as with sea freight companies and forwarding agents…

I. – On an experimental basis and for a period of five years from 1 July 2017, in the Department of Mayotte and French Guiana, following a public opinion from the territorially competent observatory of prices, margins and incomes, the State representative shall negotiate each year with the large and medium-sized retailers present in the territory a maximum professional tariff for their wholesale activity with regard to small retail outlets…