Paris, March 10, 2026 — The French Autorité de la concurrence has fined BTP Sud €148,094 for abusing its dominant position in the aggregates supply market in the Territory of Wallis and Futuna by imposing unfair trading conditions on the Administration supérieure du Territoire.
The case followed a complaint filed by the Prefect of the Territory concerning BTP Sud’s conduct in its commercial relations with the Administration, which is responsible for public works in Wallis and Futuna.
According to the authority, BTP Sud operates the only quarry capable of meeting local demand for aggregates, making it an essential supplier for the Territory. The Autorité found that the company refused to sell aggregates to the Administration in the context of public procurement and imposed substantial and unjustified price increases.
The dispute originated from a public procurement contract launched in 2018 for the construction of territorial roads. Lot 1 of the tender was awarded to BTP Sud for a one-year period renewable until July 2022. Shortly afterwards, a commercial dispute arose between the company and the Administration regarding late payments under a separate coastal protection contract concluded in 2015.
In June 2021, BTP Sud requested the termination of the 2018 contract and the cancellation of purchase orders issued by the Administration, citing the closure of the company due to the COVID-19 epidemic. The company halted deliveries of aggregates to the Administration until the end of 2021, causing delays in major road works.
As a result, the Administration organised an urgent new contract for the supply of aggregates. In February 2022, BTP Sud secured the contract but applied significant price increases averaging around 75%, which the Administration accepted in the absence of competing offers.
The Autorité concluded that BTP Sud had no valid justification for its refusal to supply under the 2018 contract. The investigation found that the company’s COVID-19 shutdown lasted only seven weeks between March and April 2021 and did not prevent it from resuming deliveries to private customers from July 2021.
The authority also determined that the price increases implemented in 2022 lacked economic justification. The limited financial information provided by the company did not explain the substantial increase in rates, and the Administration reported that it continues to pay significantly higher prices than private customers despite being BTP Sud’s largest purchaser.
Evidence examined by the Autorité indicated that the strategy behind the price increases was aimed at forcing the Administration to settle sums claimed by BTP Sud under the 2015 coastal protection contract. In a letter notifying the Administration of the price increases, the company suggested it would reduce its rates if the Administration granted certain concessions, including payment of the disputed amounts.
Following the February 2022 contract, the parties adopted a common position in June 2022 providing for a reduction in BTP Sud’s rates in exchange for concessions from the Administration. This arrangement eventually led to the signing of a memorandum of understanding in July 2023, made enforceable by a decree adopted on August 18, 2023.
The Autorité concluded that BTP Sud used its dominant position to impose unfair trading conditions and to obtain concessions outside the legal mechanisms available to resolve the dispute. The conduct constituted an abuse of dominance in breach of Article L. 420-2 of the French Commercial Code.
The authority found that the infringement lasted from June 21, 2021, to September 30, 2023, and imposed a fine of €148,094 (17,672,351 CFP) on the company.
