Xavier Lewis

EFTA Surveillance Authority
Director of the Legal and Executive Department

Xavier Lewis is currently the Director of Legal and Executive Affairs, EFTA Surveillance Authority. A dual British and French national, he read law at King’s College, University of London and at the University of Paris 1 (Panthéon Sorbonne), gaining an LLB, a Maîtrise en Droit and a DEA in Civil law. He is also a Fellow of Harvard University. He was called to the English Bar in 1983 and began by specialising in conflicts of laws. He was then called to the Paris Bar in 1986 and worked in a large French commercial law firm. He joined the European Commission, first in DG Competition and then in the Legal Service until 2009 representing the Commission in some 350 cases before the Court of Justice, the General Court, the EFTA Court and the US Federal District Court. In 1995 he was Legal Secretary to Advocate General Francis Jacobs in the Court of Justice.

Articles

979 Bulletin

Xavier Lewis The EU General Court holds that the exclusivity rebates by their nature are capable of restricting competition and foreclosing competitors from the market for computer processors (Intel)

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Case T-286/09 Intel v Commission: Exclusivity rebates and abuse of a dominant position* Right then, folks, brace yourselves…. The much awaited judgment of the General Court in Case T-286/09 Intel v Commission EU:T:2014:472 came out today. It’s a whopper ! 255 pages. Summarising it is reminds me (...)

Xavier Lewis The EU Court of Justice holds that Member States cannot block claims for compensation by victims of umbrella pricing caused by the presence of a cartel on the market for elevators (Kone)

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Case C-557/12 Kone AG: Cartels, damages and “umbrella pricing”* The Court of Justice’s judgment in Case C-557/12 Kone AG and Others v ÖBB-Infrastruktur AG is an important landmark in reinforcing the efficacy of EU antitrust law. The Court holds that Member States cannot block claims for (...)

Xavier Lewis The EU General Court dismisses an action for annulment on a claim of excessive length of the proceedings, since the applicant didn’t show any negative consequences impeding the right to fair trial (Reagens)

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Case T-30/10 Reagens SpA v Commission: unsubstantiated pleas and length of proceedings* The General Court’s judgment in Case T-30/10 Reagens SpA v Commission EU:T:2014:253 (alternative link here) doesn’t really break new ground. But it does remind applicants of a few basic truths. In some ways (...)

Xavier Lewis The EU Court of Justice clarifies that the mechanism of joint and several liability cannot be used to force one company to bear the risk of the insolvency of another company where those companies have never formed part of the same undertaking (Areva)

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Joined Cases C-247/11 P and C-253/11 P Areva: Competition fines, parent and subsidiary and joint and several liability* The Court of Justice has handed down three judgments relating to fines imposed on a number of undertakings involved in the gas insulated switchgear cartel. There’s an (...)

Xavier Lewis The EU Court of Justice reduces the fines imposed on the appellant for failure of the General Court to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of the defence (Ballast Nedam)

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Case C-612/12 P Ballast Nedam NV: Competition law, rights of the defence and reduction of fine.* The Court of Justice does not often reduce a fine imposed by the Commission on an undertaking for a breach of the competition rules when the amount of the fine has been upheld by the General Court. (...)

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