In a decision dated November 6, 2025 (Decision No. 25-D-06), the French Competition Authority (Autorité De La Concurrence) imposed a total fine of €4,665,000 on Doctolib for abusing its dominant position in the markets for online medical appointment booking services and telemedicine solutions.
This decision marks a major turning point, not only because of the amount of the fine, but above all because it is the first time in France that the Towercast case law has been applied to sanction the acquisition of a competitor below the notification threshold, which has been classified as an abuse of a dominant position.
« Docto’s » not so « lib »
The Authority found that Doctolib held a dominant position in the French markets for online medical appointment booking services (« Doctolib Patient ») and technological solutions dedicated to teleconsultation (« Doctolib Teleconsultation »).
To consolidate this position and lock up the markets, Doctolib abused its dominant position by combining exclusivity and tied sales practices.
- Exclusivity and anti-allotment clauses: Doctolib imposed or strongly discouraged its subscribers (healthcare professionals) from using competing appointment booking or teleconsultation services by including exclusivity clauses in its subscription contracts, which it maintained despite warnings from its own legal department. This practice was deliberately aimed at « leaving no practice to the competition. »
- Tying: To access Doctolib Teleconsultation (launched in 2019), practitioners were required to subscribe to the Doctolib Patient offer beforehand. This cumulative subscription requirement had the effect of increasing the number of Doctolib Patient customers, thereby strengthening its dominant position in the appointment scheduling market.
The Authority imposed a significant fine of €4,615,000 for this single infringement—a complex and ongoing abuse of a dominant position, characterized by a comprehensive lock-in strategy.
Historic penalty for an unnotified « predatory » acquisition
Another interesting aspect of this decision is the sanction imposed on Doctolib for its acquisition of MonDocteur in July 2018. This transaction, which fell below the national notification thresholds, had not been examined ex ante by the Authority.
For the first time in France, the Authority used Article L. 420-2 of the Commercial Code (abuse of a dominant position), relying on the Towercast ruling of the Court of Justice of the European Union (CJEU, March 16, 2023) to review and sanction this merger a posteriori.
The Authority established that the acquisition of MonDocteur, then Doctolib’s main competitor, was carried out for the sole purpose of eviction and market foreclosure. Internal documents seized confirmed Doctolib’s intention to « kill the product » and operate « without any competition in France. » This elimination enabled the dominant company to significantly and sustainably increase its market share and exert upward pressure on prices.
Given the legal uncertainty that prevailed before the Towercast ruling, the Authority imposed a lump sum penalty of €50,000 for this abuse of acquisition.
Key points to remember
This decision, accompanied by a particularly high penalty, sends a strong signal from the Competition Authority and contains several lessons for economic players, particularly those in a position of strength in dynamic markets:
- No more impunity for « killer acquisitions »: Dominant companies must now consider that any acquisition of a competitor (even a start-up or small player), including those below the notification thresholds, may be subject to retrospective review and sanctioned if its purpose is to eliminate competition.
- Vigilance regarding contractual clauses: Exclusivity clauses, tied sales, or other practices aimed at locking customers into the dominant company are systematically targeted as serious abuses under competition law.
- Challenges in the digital sector: The Authority confirms its particular vigilance in the digital sector, where network effects and the importance of data can quickly create dominant positions and facilitate exclusionary strategies.
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