Paris, November 21, 2025 —The French authority has delivered its first report on self-preferencing under the law to regulate digital space, SREN Law, confirming that although no formal complaints have yet been filed, it is actively monitoring conduct in the cloud and generative AI sectors and stands ready to launch investigations where behavior shows anticompetitive effects.
The report outlines how the authority interprets self-preferencing as defined in Article L. 442-12 of the Commercial Code. The provision targets situations where a cloud provider that also supplies software offers significantly less favorable pricing or functionality when customers access that software through a rival cloud service. The authority reiterates that such behavior is not prohibited per se and can only be pursued when it produces an anticompetitive object or effect.
Although it has not received any referrals from the French minister for digital affairs or other qualified entities, the authority stresses that it remains vigilant as hyperscalers, software publishers, and AI developers expand vertically across cloud and software layers.
EU-Level Alignment
The authority notes strong convergence with its European peers through the ECN. It highlights earlier work encouraging the European Commission to scrutinize the emergence of generative AI services embedded within cloud environments and consider whether those offerings could qualify for gatekeeper designation under the EU Digital Markets Act. On November 18, the Commission opened market investigations into cloud computing services under the DMA, reflecting that concern.
Emerging Risks Identified in National Consultation
A public consultation launched earlier this year in June revealed several areas of potential concern, as flagged by stakeholders, including:
- Major cloud providers are offering software under materially worse terms when distributed through third-party clouds
- Software publishers prefer the infrastructure of hyperscalers with which they maintain commercial partnerships
- AI tools are limited to specific cloud environments
- Requirements to use a hyperscaler’s infrastructure to access its marketplace
- Bundling of unrelated digital products in existing software suites
The authority states that it will assess these leads and may open inquiries using its powers under Title II, Book IV of the Commercial Code.
No Legislative Gaps Identified
The authority concludes that the existing legal toolbox — including the SREN Law, the Commercial Code, and traditional enforcement powers — is adequate to address potential abuses in the cloud and AI sectors. It reiterates that it can act through advisory opinions, sector inquiries, and case-specific enforcement where warranted.
