“Predatory” acquisitions that fall outside the scope of merger control remain exposed to ex post scrutiny under the rules on abuse of a dominant position.

A reminder: The Doctolib Case

The French Competition Authority adopted this approach on below-threshold transactions for the first time in the Doctolib case (Decision No. 25-D-06 of 6 November 2025).

In that case, Doctolib acquired its competitor MonDocteur without notifying the transaction under merger control rules, as the applicable turnover thresholds were not met.

Nevertheless, the Authority considered the transaction to be a predatory acquisition through which Doctolib, holding a dominant position, sought to eliminate its main competitor and lock up the online medical appointment booking market.

As a result, the Authority found that Doctolib had abused its dominant position on this basis alone. The fine imposed for this infringement remained largely symbolic (€50,000) to take into account the lack of prior French precedent.

European Precedents

The decision follows the reasoning adopted by the Court of Justice of the European Union in its Towercast judgment of 16 March 2023 (Case C-449/21), which confirmed that a concentration falling below merger control thresholds may, after completion, be examined under Article 102 TFEU where it is capable of constituting an abuse of a dominant position and substantially impeding competition.

In reality, this approach is not new. It can be traced back to the Court’s Continental Can judgment of 21 February 1973 (Case 6/72).

What Comes Next?

The Doctolib decision is not yet final and is currently under review by the Paris Court of Appeal. Given the Court’s caseload, however, a judgment is unlikely before 2027.

In the meantime, dominant companies should exercise particular caution when contemplating the acquisition of a competitor, especially where the transaction could be perceived as aiming to remove that competitor from the market.

Internal documents and preparatory exchanges concerning the objectives of the transaction should be reviewed with particular care.

Depending on the circumstances, a proactive engagement with the Competition Authority may also be advisable.

Published on 30.08.2026.