Specialised in French and European competition law, particularly mergers and State aid, as well as European corporate law, European law on free movement of capital and on the right of establishment. Experienced in legislative procedures at the European Community and French level. He has published various articles on European and French competition law and policy. Before joining Clifford Chance in 2005 as Of Counsel, Stanislas was Deputy Finance Counsellor, in charge of competition, free movement of capital and corporate law at Permanent Representation of France to the EU (2004-2005). He was previously head of Merger and Sate aid Unit at the French Ministry of Economics, Finance and Industry, General Directorate for Competition, Consumer Affairs and Prosecution of Fraud (1999-2004).
Articles by Stanislas Martin for e-Competitions / Concurrences
Total number of visits : 153820 (French and English versions)
e-Competitions Bulletin
- The French Minister of Economy cleared a merger in the rail fastening sector with remedies, including commitment to license IP, or, if no licensee is found, to let the IP rights fall into the public domain (Delachaux/Pandrol), 22 October 2003 (1086 visits)
- The French Minister of Economy cleared in Phase II an extra-territorial merger in the flight services sector subject to behavioural remedies consisting in an information barrier (Boeing - Jeppsen), 4 July 2001 (1592 visits)
- The French Minister cleared a merger in the oil products sector subject to divestiture remedies (Elf Aquitaine / TotalFina), 26 January 2000 (1093 visits)
- The French Minister cleared in phase II the creation of a JV in the sector of production and sale of de-icing salt subject to divestiture, obligation of supply and withdrawing the use of a trademark (CSME / MDPA / SCPA / ROCK ), 1 September 1999 (1166 visits)
- The French Minister cleared an acquisition in the retail of daily consumers goods sector subject to divestments and termination of franchising contracts (Carrefour/Promodes), 5 July 2000 (1388 visits)
- The French Ministry of Economy cleared a merger in the retail of consumer goods sector subject to remedies preventing the buyer from converting the stores acquired into supermarkets (Galeries Lafayette/Marks and Spencer), 24 December 2001 (1347 visits)
- The French Minister cleared a merger in the electricity supply market with strict governance remedies and divestments (Vivendi Environnement/EDF/Dalkia), 12 December 2000 (1207 visits)
- The French Minister cleared a merger in the pastas sector subject to an upfront buyer solution and a trademark differentiation agreement (Panzani / Lustucru), 17 May 2002 (1145 visits)
- The French Minister cleared a merger in the manufacturing and retail of locksmith hardware sector subject to hold separate retail networks (Assa Abloy / Fichet Serrurerie Bâtiment), 23 June 2000 (1155 visits)
- The French Minister of Economy cleared a merger in the DIY products sector subject to termination of a franchise agreement (Mr Bricolage/Tabur), 29 September 2002 (1337 visits)
- The French Minister of Economics cleared in phase I a merger in the market of building material retail with commitment to supply products to any new entrants (Point P/Ardi), 13 December 2002 (1197 visits)
- The French Minister of Economics cleared a merger in the market of document and cheque processing with remedies (Experian Holding France / Atos Investissement), 10 September 2003 (1164 visits)
- The French Minister of Economy cleared with structural and behavioural remedies a merger in the refrigerated body manufacture sector (Lamberet/Chereau), 2 September 2003 (1249 visits)
- The French Minister of Economics cleared a merger in the sector of energy with remedies including output restriction and cross-subsidies prevention (EDF/Siemens-Cogema/ClemessyAcquisition), 17 March 2000 (1354 visits)
- The French Minister prohibited a merger in the market of soft drinks despite long duration proposed remedies (Coca-Cola/Orangina), 24 November 1999 (1420 visits)
- The French Minister of Economics cleared a merger in the sector of facial tissues with remedies including restriction of advertising investments, withdrawing of the use of a trademark and prohibition of reference rebates (Fort James/Demak’up), 26 June 1999 (1825 visits)
- The French Minister clears a merger in the sector of advertising with remedies including bundling prohibition and output restriction (Decaux SA/Avenir), 13 August 1999 (1867 visits)
- The French Minister of Economics cleared a merger in the anti-theft electronic systems subject to tied sales termination (Checkpoint Systems Inc/Meto), 13 December 1999 (1374 visits)
- The French Minister of Economics cleared a merger in the cash transit services sector subject to remedies, including divestiture and capital restructuring (UBS Capital/Serse), 4 February 2000 (1336 visits)
- The French Minister of Economics cleared a merger in the retail sector following EC Commission’s referral subject to 34 stores divestment (Carrefour/Promodes), 5 July 2000 (1268 visits)
- The French Minister of Ecomics cleared in phase II a merger in the sector of construction while imposing to parties restriction of activities (Vinci/GTM), 22 June 2001 (1341 visits)
- The French Minister cleared a merger in the the market for electricity supply with remedy including divestiture (Vivendi Environnement/EDF/Dalkia), 22 June 2001 (1358 visits)
- The French Minister of Economics cleared a merger in the sector of advertising with remedies concerning the access to network (La Poste/Delta Diffusion), 14 August 2001 (1931 visits)
- The French Minister cleared a merger in the sector of energy with remedies including divestiture (CGST-Save/Domoservices), 25 June 2002 (1317 visits)
- The French Minister cleared a merger in the site location and maintenance for wireless communication operators market with remedies including non discriminatory treatment and a remedy offered by the seller (TDF/Bouygtel), 26 April 2002 (1613 visits)
- The French Minister of Economics cleared a merger in the manufacture of protection equipments of individuals with remedies including selling on a non-discriminatory basis and granting of a manufacture licence (Mine Safety Appliances - MSA/CGF Gallet), 14 June 2002 (1269 visits)
- The French Minister of Economy cleared a merger in the sector of distribution with remedies including divestitures and non-expansion of sales areas (Leroy Merlin/OBI), 10 February 2003 (1344 visits)
- The French Minister of Economics cleared a merger in the building materials sector subject to remedies, including divestiture (Point P/Dubois Matériaux ), 7 August 2003 (1262 visits)
- The French Minister of Economics cleared with behavioural remedies a conglomerate merger in the sector of component for rolling shutters aimed at preventing "mixed" bundling and technical tying (Somfy/Zurflüh-Feller), 12 June 2008 (1420 visits)
- The French Minister of Economics cleared with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte/Défi Mode), 4 April 2008 (1475 visits)
- The French Minister of Economics cleared with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte/Super Sport), 30 April 2008 (1408 visits)
- The French Minister of Economics cleared a merger in the retail of daily consumer goods sector with structural remedies (Casino/Monoprix), 2 October 2000 (1186 visits)
- The French Minister of Economy cleared in Phase II a merger in the press sector with structural and behavioural commitments, including bundling prohibition and termination of exclusive contract (France Antilles/Comareg), 29 April 2003 (1322 visits)
- The French Minister of Economy cleared a merger in the medical sector subject to remedies, including divestment and trademark license (Getinge Arjo France/ALM), 22 June 2001 (1320 visits)
- The French Minister of Economy cleared a merger in the cinema sector with structural and behavioural remedies (Gaumont/Pathe/Europalaces), 21 February 2002 (1438 visits)
- The French Minister of Economics cleared a merger in the sector of waste treatment subject to remedies aimed at limiting range effects (FCPR Partenaires Midcap/Galicier + Pressor), 20 September 2002 (1306 visits)
Concurrences Review
- Buyer power - Remedies: The EC Commission recalls that buyer power is not a competition concern in itself, but may lead to foreclosure of downstream competitors and clears a near-monopoly on an upstream procurement market under conditions aiming at preventing foreclosure of downstream competitors (Friesland Foods/Campina), Concurrences, N° 2-2009, www.concurrences.com (1362 visits)
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Buyer Power: The French Minister of Economics clears a merger raising the question whether, under French substantive test, and unlike substantive test provided for in ECMR, buyer power resulting in economic dependency of suppliers may constitute in itself an impediment of competition, even absent any harm to consumers welfare (Bigard/Socopa), Concurrences, N° 2-2009,
www.concurrences.com
EC-Competition Law Handbook n° F M1
(1454 visits) - Conference: Merger remedies under the new French regime (Paris, 18 12 2008), Concurrences, N° 2-2009, www.concurrences.com (2407 visits)
- Full fonction JV - Spill over: The EC Commission clears the creation of a JV in the auction services of cross-border interconnection capacities and deems the JV to be full-function and considers it would not lead to any significant spill-over effects as to the coordination of the competitive behaviour of the parent companies (CASC JV), Concurrences, N° 1-2009, pp. 134-135 (1600 visits)
- LME Act : The Law of Modernisation of the Economy transfers merger control powers to a newly created competition authority, provides for “stop the clock” provisions, lowers thresholds for retail and overseas territories but the Minister of economy retains the ability to override a decision of the competition authority on the basis of public interest (LME), Concurrences, N° 4-2008, pp. 99-102 (3168 visits)
- EC Phase II merger clearance: The EC Comission clears a merger in Phase II without condition, in spite of a very high share of supply in the UK, pursuant to an in-depth analysis of geographic market definition (Ineos/Kerling), Concurrences, N° 3-2008, pp. 111-112 (2107 visits)
- Clearance with remedies: The French Minister clears two mergers in the retail sectors under conditions which could lead to a freeze or reduction of capacities, in order to lower the barriers to entry resulting from the current legislation on retail zoning (Vivarte/Défi Mode), Concurrences, N° 3-2008, pp. 113-115 (1873 visits)
- Prohibition decision: In the first prohibition decision since the entry into force of Regulation 139/2004, the EC Commission blocks a merger in the air transport sector, the usual remedies package in this sector proving to be ineffective in the present case (Ryanair/Aer Lingus), Concurrences, N° 1-2008, p. 137 (2453 visits)
- Army/Defense sector: The EC Commission clears a merger to monopoly in the defence sector, in view of (i) the low intensity of competition pre-merger and (ii) the efficiency gains resulting from the operation (BAE Systems/VT/JV), Concurrences, N° 1-2008, pp. 140-141 (2343 visits)
- Large retail sector: French Competition Council suggests specific merger control rules for large retail distribution (Opinion N° 07-A-12), Concurrences, N° 4-2007, pp. 98-99 (2766 visits)
- Scope of the transaction: In successive transactions, whereby some assets of the target are to be sold to a third party after the closing of the first operation, the assets to be divested do not fall within the scope of the first concentration, insofar as no control on a lasting basis is acquired on these assets (Endesa Europa), Concurrences, N° 4-2007, pp. 97-98 (2437 visits)
- Collective dominance: The EC Commission reassesses collective dominance in the travel sector and recalls the principle of the “first mover advantage” (TUI/First Choice - Karstadtquelle/My Travel), Concurrences, N° 3-2007, pp. 117-119 (2821 visits)
- Natural monopolies: The UK Competittion Commission clears the Mid Kent Water/South East Water merger, Concurrences, N° 2-2007, pp. 137-138 (3044 visits)
- Nadia Calvino: The Mergers’ Lady, Concurrences, N° 2-2007, pp. 5-7 (4592 visits)
- "Gap Case": The EC clears under conditions the first “gap case” since the entry into force of the Merger Regulation 139/2004 and the SIEC test (T-Mobile Austria / tele.ring), Concurrences, N° 1-2007, p. 111 (3781 visits)
- Structural remedies: Phase 1 Clearance of an operation which raised serious doubts upon condition of removal of the overlap by divestment of the acquirer activities (Ista/Celliande), Concurrences, N° 1-2007, p. 112 (2807 visits)
- The draft Consolidated Jurisdictional Notice is due to replace the notices on the concept of concentration, on the concept of full-function joint venture, on the concept of undertaking concerned and on calculation of turnover., Concurrences, N° 4-2006, p. 89 (3279 visits)
- Commission’s juridiction: Article 21-4 Regulation (CE) 139/2004 gives the Commission a decisional power to protect its exclusive jurisdiction vis-à-vis the Member States (Portugal/Commission), Concurrences, N° 1-2004, pp. 72-73 (2751 visits)
- Sport rights markets: Towards a finer segmentation? (CVC/SLEC), Concurrences, N° 3-2006, pp. 113-114 (2964 visits)
- Suspension of operation: Despite high market shares, the transaction does not give rise to substantive issue as the parties offer products that are not close substitutes and competitors possess considerable excess capacity to counter any attempt to raise prices (Orica/Dyno), Concurrences, N° 3-2006, p. 116 (2706 visits)
- US and EU authorities’ parallel reviews (People Soft/Oracle), Concurrences, N° 1-2005, pp. 83-85 (2774 visits)
- Undertakings in a transaction in which a derogation to the suspensory effect was granted (Charles André/Citaix), Concurrences, N° 2-2005, p. 70 (3134 visits)
- The ECJ gives some guidance regarding the burden of proof and behavioural remedies Tetra Laval, Concurrences, N° 2-2005, pp. 70-73 (2978 visits)
- Undertakings: An up-front buyer can guarantee the viability of the divested assets and encourage new entry in the market (Sonoco/Ahlstrom), Concurrences, N° 2-2005, pp. 75-76 (2928 visits)
- Competitive assessment: Authorisation of a television and radio JV that will not be active on the national territory (TF1/France Télévisions/CFII), Concurrences, N° 3-2005, p. 97 (3120 visits)
- Remedies: Remedies eliminating all concerns pertaining to a transaction are admissible in Phase I (General Electric/Invision), Concurrences, N° 3-2005, p. 97 (2862 visits)
- Defence: Towards a wider than national definition of defence markets? (Alcatel/Finnmeccanica/Alcatel Alenia Space & Telespazio), Concurrences, N° 3-2005, p. 101 (3439 visits)
- Behavioural remedies and efficiency gains (Ouest-France), Concurrences, N° 1-2006, pp. 157-159 (3244 visits)
- Towards a pan European approach of mobile telephony markets (Telefonica/O2), Concurrences, N° 2-2006, pp. 113-114 (2845 visits)
- Unilateral effects: Level of market shares is not a relevant criterion on differentiated products markets (Adidas Reebook), Concurrences, N° 2-2006, pp. 109-110 (3361 visits)
- Competence : The EC Commission takes action against Poland for opposing to a merger in the banking sector (Unicredito/HVB), Concurrences, N° 2-2006, pp. 107-108 (2809 visits)
- Merger remedies : Anticompetitive coordinated effects stemming from the maritime conference system (Maersk/PONL), Concurrences, N° 4-2005, pp. 96-98. (2862 visits)
- Is EC State aid policy a competition policy ?, Concurrences, N° 3-2005, pp. 52-59 (4930 visits)
- Five years of French merger control (2002-2004), Concurrences, N° 1-2004, pp. 40-48 (3252 visits)