No unfair competition found in French nursing homes
Conseil de la concurrence decision (9 pages in French, PDF) rejecting a complaint by the former operator of a private nursing home that the local authority had abused a dominant position or engaged in other anti-competitive practices by charging it high rents whilst subsidising its public sector competitors. The Conseil held that:
- The private nursing home had not been shown to have been "economically dependent" on its public sector landlord: other premises might have been available to it. Therefore no excessive rent abuse had been established.
- Although the provision of nursing home services was an economic activity, the pricing decisions and subsidies attacked by the private operator were decisions of a public authority acting as such and therefore outside the Conseil's jurisdiction.
- There was no factual basis for the allegation of anti-competitive conspiracy between the public sector landlord and the public sector nursing homes.
November 2005: the Paris court of appeal has rejected (4 pages in French, PDF) an appeal against this decision.
February 2007: the French supreme court has rejected (5 pages in French, PDF) a final appeal against this decision.
For further information or advice please contact Franck Latrémolière.
Filed under Article 82, Conseil de la concurrence, Economic activity, France.
