In an interview with Grégoire Faney, Lionel Lesur analyses the freeze on supplementary health insurance premiums provided for in Article 13 of the 2026 Social Security Financing Act. On the eve of the January 30 meeting with the public authorities, he explains why FIPS and France Assureurs are right to exercise caution, as any consultation on changes to premiums could be classified as collusion.
A ministerial meeting under close competition law scrutiny
Competition law prohibits competing operators from exchanging strategic commercial information. Even a non-public meeting held under the auspices of the public authorities may fall within its scope. The main risk is that discussions may shift from general principles towards coordination of behaviour, with the dividing line being difficult to draw.
A meeting organised by the public authorities offers limited protection
The initiative taken by the public authorities may, at most, constitute a mitigating circumstance, but it does not exempt the parties from sanctions. An exemption requires a sufficiently precise and mandatory legal framework that leaves operators no autonomy in setting their pricing policies.
Compensation measures and the redesign of the “responsible contract”: Where does the risk lie?
If the changes are imposed by regulation, insurers are protected. If they leave room for manoeuvre and operators agree on how to implement them, for example with regard to waiting periods, the risk of a “cartel” re-emerges. Only a few operators need to engage in such discussions.
Negotiations on 2027 premiums: Increased legal uncertainty
With regard to negotiations aimed at avoiding the pass-through of the surcharge to 2027 premiums, it is not certain that a binding framework would protect the operators. Discussing a coordinated strategy at this stage therefore appears highly risky.
Advice from Lionel Lesur: Frame discussions carefully and remain vigilant
Limit discussions to the general principles governing the application of the law, avoid any coordination on prices, coverage or the method of implementation, and anticipate the legal framework for the meeting in advance.
« Such concern is not unfounded, and the utmost vigilance is indeed required. »
— Lionel Lesur, AEF info
Read the interview in AEF info
Are you an insurer, mutual insurance provider or federation preparing discussions with the public authorities? Contact the Franklin team.
