Philippe-Emmanuel Partsch

Arendt & Medernach (Luxembourg)
Lawyer (Partner)

Philippe-Emmanuel Partsch is the European law partner of the firm Arendt & Medernach. Member of the Brussels Bar, he practices in Luxembourg under his Belgian professional title. He is Professor of European Banking and Financial Law at the Université de Liège (Belgium), and also visiting Professor at the Université de Luxembourg from the academic year 2007-2008. Prior to joining Arendt & Medernach, he was legal secretary at the European Court of Justice. Holding a Doctorate in Law from the Université de Liège and from the Université Robert Schuman de Strasbourg (France), he is the author of numerous contributions in European Law, company law and arbitration law and of a book entitled Le droit international privé européen, De Rome à Nice (European Private International Law, From Rome to Nice), which was published by Larcier in 2003. He regularly publishes papers in the field of European Banking and Financial Law and Competition Law. He speaks French, English and German.

Linked authors

NautaDutilh (Luxembourg)
Arendt & Medernach (Luxembourg)
ID4green
European Investment Bank
Brown Brothers Harriman (BBH) (Luxembourg)
College of Europe (Bruges)
German Competition Authority (Bonn)
French Energy Commission (CRE)

Articles

91284 Bulletin

Emmanuel Robberecht, Philippe-Emmanuel Partsch The Luxembourg Administrative Court rules that notaries are not allowed to provide information on their clients to a Competition Authority

73

Facts On 22 July 2010, the Luxembourg Competition Inspectorate ("Inspection de la concurrence") requested two notaries public to provide information pursuant to Article 13(3) of the 2004 Competition Act ("Loi du 17 mai 2004 relative à la concurrence"). According to the latter, the Inspectorate (...)

Philippe-Emmanuel Partsch, William Simpson The Luxembourg Competition Council holds that cable operator did not properly implemented all the corrective measures imposed in its decision concerning an abuse of dominant position in the market for the distribution of TV programs by cable, DSL and satellite (CODITEL)

213

FACTS OF THE DECISION The Luxembourg Competition Council (“the Competition Council”) issued a first decision on 10 December 2010 (“the Decision”) sanctioning Coditel under Article 5 of the Luxembourg competition Act (the “Competition Act”) on the grounds it abused its dominant position on the market (...)

Philippe-Emmanuel Partsch, William Simpson The Luxembourg Competition Council releases a decision imposing remedies on an undertaking active on the cabled distribution market (Coditel)

584

On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-02 providing an assessment of the competition law situation on the TV cabled distribution market. Beside a previous decision where the President of the Council has imposed “interim measures” (...)

Philippe-Emmanuel Partsch, William Simpson The Luxembourg Competition Council rules that an undertaking active in the tobacco industry did not enjoy a dominant position on the relevant market and was not subject to any specific duties as this would have been the case if it enjoyed such a position (Landewyck Group and Manufacture de Tabacs Heintz Van Landewyck)

1037

On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-03 providing an assessment of the competition law situation on the tobacco products wholesale sales market. This decision, which does not sanction any undertakings active in this market, (...)

Philippe-Emmanuel Partsch, William Simpson The Luxembourg Competition Council applies for the first time the 2009 communication on Art. 82 EC in a case concerning domestic fuel capacities (Tanklux)

1209

1. Background of the case In 2007, the Luxembourg Competition Council (“the Council”) received a complaint from a small distributor of domestic fuel (“Rock Fernand distributions”) who wanted to have fuel storage capacity in the river port of Mertert in order to avoid the cost of passing through (...)

Philippe-Emmanuel Partsch, William Simpson The Luxembourg Competition Authority releases a termination decision removing suspicions of competition law infringements consisting in cross-subsidizing and abuse of collective dominance by a press group concerning a free daily newspaper (Nicolas / L’Essentiel)

1018

The Luxembourg Competition Council has released a termination decision on 2 July 2009 (Décision n° 2009-FO-01) removing suspicions of competition law infringements by the Groupe de Presse Nicolas. Generally speaking, the case is interesting in the sense it shows how market players active in the (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Belgian Court of appeal infers a cartel from a similar approach adopted by several medical oxygen providers boycotting a competitor (AGIM/Oxycure)

2027

Facts of the case 1. Oxycure markets an oxygen concentrator, which generates medical oxygen on the spot and hence constitutes an innovative and a more efficient alternative to medical oxygen distributed in bottles. As the oxygen concentrator works on electricity, Oxycure’s clients need reserve (...)

Philippe-Emmanuel Partsch, William Simpson The Belgian NCA dismisses an action for interim measures against the granting of a public tender for the provision of self-service bike hire system (Decaux)

1943

Facts surrounding the case 1. On 15 March 2008, the Ministers’ Council of the government of Brussels-Capital Region invited tenders for the award of a concession for the setting-up of an automated and publicly accessible bicycle rental system in the Brussels-Capital Region for a nominal fee. (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Dutch Court refuses to suspend in interim proceedings an "in house" concession for public bus transport in Rotterdam (Connexxion / Stadsregio Rotterdam)

2585

Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for (...)

Elie Raimond, Philippe-Emmanuel Partsch The Luxembourg Administrative Court confirms the fines and daily penalties imposed by the Competition Council to undertakings for not communicating concrete information to the Competition Inspectorate (House of Justice)

3807

Background of the case 1. The flooring works in the new court buildings in the city of Luxembourg are still the object of the most prolific cartel procedure in the recent history of Luxembourg competition law. The case has already led to several decisions while the cartel investigations are (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Dutch Court holds that the award of parking management contracts in a cross-border region does not have automatically an effect on intra Community trade (P1 Holding)

2664

Case 1. On 22 November 2002, the Municipality of Maastricht has awarded directly, i.e., without any public tender procedure a contract to the undertaking Q-Park for the renovation and operation of several parking lots for a period of 30 years. P1, one of Q-Park’s competitors, challenged the (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Brussels Court of Appeal refers several preliminary questions to the ECJ on the involvement of a NCA in appeal proceedings (VEBIC)

1874

Facts of the case 1. On 25 January 2008, the Belgian Competition Council (Conseil de la concurrence) has condemned VEBIC, a professional association of Flemish bakeries, for having established a common cost index inciting Flemish bakeries to increase their prices in violation with the national (...)

Philippe Wery, Philippe-Emmanuel Partsch, Vincent Wellens The Antwerp Commercial Court considers prices that do not comply with regulatory pricing obligations to be excessive under Belgian competition law (Base / Belgacom)

3083

Facts of the case 1. In 2007, a dispute arose between Base, one of the three main mobile telephone operators in Belgium, and Belgacom, the Belgian incumbent on the fixed telephone market. In a decision of 11 August 2006, the Institut belge des services postaux et des télécommunications (IBPT ), (...)

Philippe Wery, Philippe-Emmanuel Partsch The Luxembourg Minister of Economy intends to tackle unjustified price increases in the retail sector through the application of EC competition rules

3372

1. On 29 February 2008 the Luxembourg Minister of Economic Affairs and the Minister of SMEs have made public a state of the play of the “Action Plan against Excessive Inflation” (Plan d’action contre une inflation excessive) of the Luxembourg government, in which competition law seems to play a (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Council finds not abusive the refusal by a professional association in the field of car expertise services to accept a member and considers that trade between member States is not affected (OEIPA/Schmitt)

4684

On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car assessment experts, OEIPA and Mr Carlo Schmit, a Luxembourg car assessment expert. In 1997 OEIPA refused the latter to become a member because (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Council allows the imposition of an IT tool by a car insurance company on car damage experts (OEIPA/Le FoyerAssurances)

7863

On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car damage experts, OEIPA and Le Foyer Assurances S.A. (“Le Foyer”), one of the principal car insurances companies in Luxembourg. Le Foyer puts the (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Council renders its first ever decision and negatively applies the essential facilities doctrine in the sector of distribution of domestic heating fuel while holding that trade between Member States is not affected (Rock Fernand Distributions/Tanklux)

6201

On 23 April 2007 the new Luxembourg national competition authority that has been created in 2004, the Competition Council (“Conseil de la concurrence”), has handed down its first decision on the merits of a competition case brought before it. The Competition Council has chosen to be very didactic (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Council imposes fines and daily penalties on flooring firms for not communicating concrete information to the Competition Inspectorate (House of justice)

2773

Facts of the case 1. In Luxembourg, Article 6(2) of the Competition Act (loi du 17 mai 2004 relative à la concurrence) entrusts the Competition Council (Conseil de la Concurrence), an independent administrative body, with the public enforcement of Articles 3 to 5 prohibiting cartels and abuses (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Administrative Court avoids ruling on alleged anticompetitive price regulation in the taxi sector (Grand-ducal regulation of 9 July 2004)

3454

Article 2-1 of the 2004 Luxembourg Competition Act (“loi du 17 mai 2004 relative à la concurrence”) introduced the principle that competition between undertakings determines prices. This provision accordingly abolished the general and significant price controlling powers of the Luxembourg State (...)

Philippe-Emmanuel Partsch, Vincent Wellens Luxembourg administrative courts find no anti-competitive practices in the context of a waste disposal scheme (SuperDrecksKëscht 2)

3197

Background This case deals with alleged anti-competitive practices in the context of a waste disposal project, “SuperDrecksKëscht 2” (now “SuperDrecksKëscht fir Betriber”). The initiators of this project were the Administration de l’Environnement (“Environmental Administration”) within the Ministry of (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg District Court holds that an agreement between a petrol company and a petrol station is an agency agreement outside the scope of the prohibition of cartels (Aral / Koepfler)

6529

Case Koepfler s.à r.l. (“Koepfler”) operated on an independent basis one of the petrol stations of Aral Luxembourg S.A. (“Aral”), a subsidiary of the German petrol group Aral. Aral and Koepfler had concluded an agency agreement in this respect in 1984. Pursuant to this agreement Koepfler had to (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg highest administrative Court considered the lack of information given by a cable TV distribution operator to its customers to be an abuse of dominant position (Coditel)

3524

In 1993 Coditel, the cable TV distributor in several Luxembourg municipalities, acquired the TV distribution network in the Luxembourg municipality of Leudelange from a small undertaking. Upon this acquisition Coditel imposed its conditions on the subscribers to the former network operator and (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Luxembourg Commercial Court finds several clauses in a franchising agreement to be anticompetitive and null, but upholds the rest of the agreement (Univers du Cuir Belgique / Cuir Center Luxembourg)

4416

The undertaking Univers du Cuir Belgique (“UCB”) has taken over the franchising agreement that Belgian Comfort Company (“BCC”) had as a franchisor with Cuir Center Luxembourg (“CCL”), franchisee. UCB noticed that CCL did not respect the non-compete obligations imposed on it by the agreement and (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Commercial Court found non-compete, price fixing and exclusivity clauses in a franchising agreement severable from the rest of the agreement (Wintergarten Feddersen / Soluver)

7189

The undertakings Wintergarten Feddersen and Soluver concluded in 1985 a franchising agreement for the distribution of verandas. In 1987 Wintergarten Feddersen, the franchisor, brought proceedings against Soluver, the franchisee, before the Tribunal de commerce (“Commercial Court”) of Luxembourg (...)

643 Review

Andreas Mundt, Morgane Tidghi, Philippe-Emmanuel Partsch Collection and exchange of information within the ECN (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014)

304

The effective collection and exchange of information is crucial for the well-functioning of European antitrust enforcement in the context of the European Competition Network (ECN). Within the ECN, some national authorities still lack effective information-gathering tools. In the larger context (...)

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