The Per Se Prohibition of exclusive import rights in the French Overseas Territories: A Unique but Ineffective Legal Measure[Interdiction per se des exclusivités d'importation dans les outre-mer : une singularité française peu efficace]

The per se prohibition of exclusive import rights is often at the center of debates on the high cost of living in overseas territories and on how competition law should be adapted to the specificities of small island economies. This article demonstrates, however, that such a prohibition is not based on any scientific or objective analysis of territorial exclusivities, which in fact generally allow for significant efficiency gains. A return of French overseas competition law to the general principles of competition law – through the systematic application of the rule of reason – would therefore be desirable, in line with international practice. For nearly two decades, Christian Montet and Florent Venayre have conducted research on the Polynesian economy, with the objective of improving the quality of economic regulation and promoting the development of competitive markets. In 2013, their book Competition Law in Tahiti: A Utopia? was awarded the Vogel Prize ‘Coup de cœur' in recognition of its explicit aim: to encourage the establishment of a competition law in Tahiti. This legal framework was adopted in 2014, promulgated in 2015, and formally entered into force on February 1, 2016.