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France Fines Doctolib Over Below-Threshold Acquisition, Then Raises Merger Thresholds

Published
Score
11

Why it matters

The French Competition Authority has imposed its first-ever fine for a below-threshold acquisition, sanctioning Doctolib €4.665 million for abusing its dominant position in online medical appointment booking and remote consultation services. The acquisition at issue—which fell below France's mandatory merger notification threshold—was challenged following a 2021 complaint by rival Cegedim Santé and a subsequent dawn raid. The FCA's decision, issued in 2025, marks a significant shift in enforcement strategy: the authority treated the deal as sanctionable conduct under abuse-of-dominance rules rather than merger control statutes.

The decision arrived as France simultaneously raised its merger notification thresholds for the first time in over two decades. In April 2026, the French Parliament adopted a simplification law increasing those thresholds, a move the FCA had been signaling support for amid a documented surge in filings—transactions reviewed by the authority increased 59 percent between 2010 and 2025, reaching a record 328 notifications in 2025 alone.

Dealmakers should treat this as a material shift in French merger enforcement. Transactions that no longer require mandatory filing under the raised thresholds remain vulnerable to FCA challenge under abuse-of-dominance provisions if the authority views them as anti-competitive. The combination of higher filing thresholds and aggressive ex post enforcement creates new uncertainty around deal sizing and timing, particularly for acquisitions by market-dominant players in concentrated sectors.

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