University of Paris I Panthéon-Sorbonne

Martine Behar-Touchais

University of Paris I Panthéon-Sorbonne

Martine Behar-Touchais is professor of private law at the School of Law of the Sorbonne (University of Paris 1), where she directs the private law master’s departure. She has directed the Institute for Legal Research of the Sorbonne (IRJS Institute Tunc), during 5 years. She has been also a member of the collegium of the Competition Council from January 2003 to January 2009. She is specialized in competition law, consumer law, and contract law, especially the distribution contracts.

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University of Paris I Panthéon-Sorbonne
University of Paris I Panthéon-Sorbonne
University of Paris I Panthéon-Sorbonne
Lumière University Lyon II
University of Paris I Panthéon-Sorbonne


Martine Behar-Touchais (Université Paris I Panthéon-Sorbonne)
Martine Behar-Touchais 14 May 2018 Paris
Martine Behar-Touchais (Université Paris I Panthéon-Sorbonne)
Martine Behar-Touchais 29 March 2018 Paris
Martine BÉHAR-TOUCHAIS - Université Panthéon-Sorbonne (Paris I)
Martine Behar-Touchais 30 September 2014 Paris


40074 Review

Laurence Idot, David Bosco, Martine Behar-Touchais, Michel Debroux, Anne-Sophie Choné-Grimaldi, Benoît De Nayer, Pierre Petillault Digital market Act: Competition law and digital giants (Nanterre, April 1, 2022)


Abstract This issue is devoted to the Digital Market Act (DMA) regulation adopted this summer and designed to closely monitor the practices and behaviors of the main players in the digital economy. This regulation aims to remedy the supposed flaws and failures of ordinary competition law, by (...)

Franck Audran, Martine Behar-Touchais, Frédéric Buy, Walid Chaiehloudj, Antoine Choffel, Sophie Harnay, Stéphane de La Rosa, Sophie Pelé, Marion Provost, Mélanie Thill-Tayara Emmanuel Macron, as Minister and President: a rather positive competitive record in competition law


What is the competition balance sheet of Emmanuel Macron, Minister of the Economy and then President of the Republic? It is remarkable that Emmanuel Macron had a very strong reforming will in competition and distribution law, by opening markets (regulated professions, bus transport, rail (...)

Martine Behar-Touchais, David Bosco, Catherine Prieto L’intensification de la réparation des dommages issus des pratiques concurrentielles, Martine BEHAR-TOUCHAIS, David BOSCO and Catherine PRIETO


This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Catherine Prieto, Laurence Idot, Martine Behar-Touchais, Florian Bien, David Bosco, Josep M. Carpi Badia, Étienne Chantrel, Marta Giner Asins, Didier Theophile, Simon Vande Walle, Jérôme Vidal Towards a European merger control network


The European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition (...)

Martine Behar-Touchais Customer allocation : The Court of Justice of the European Union considers that customer allocation agreements concluded between private pensions funds in the main proceedings, constitute agreements with an anti-competitive object, the number of clients affected by such an agreement being irrelevant for the purpose of assessing the requirement relating to the restriction of competition within the internal market (ING Pensii)


The present case involves customer allocation agreements between private pension funds. Romanian law requires persons under 35 years of age who contribute to the public pension scheme to join a pension fund (Article 30 of Law No 411/2004). Since everyone is free to choose his or her pension (...)

Martine Behar-Touchais LCD Cartel : The Court of Justice of the European Union refuses to follow the conclusions of the Advocate General Wathelet and considers that the Commission could have imposed a fine on a company, taking into account the value of intragroup deliveries (Innolux)


It will be recalled that Advocate General Wathelet had concluded that the judgment of the Court of First Instance in the LCD cartel case and the Commission’s decision in this case should be set aside, in so far as they had decided that the fine imposed on an undertaking could legally take into (...)

Martine Behar-Touchais Continuous infringement : The General Court of the European Union sanctions the participation of an undertaking in a single and continuous infringement, notably based on evidence obtained during the transaction procedure that has yet aborted for this company, and confirms the fine of nearly € 60 million (Timab Industries / CFPR)


By its decision of 20 July 2010 ((2010) 5001 final), the European Commission found that the main European producers of phosphates for animal feed (PAA) had agreed to share a large part of the European PAA market by allocating sales quotas by region and by customer. In addition, they had (...)

Martine Behar-Touchais Exchange of information : The Court of Justice of the European Union confirms that strategic information exchange is a restriction of competition by object (Dole Food, Dole Fresh Fruit Europe)


CJEU 19 March 2015, Dole Food and Dole Fresh Fruit Europe v Commission, Case C-286/13 P It is interesting, after the Groupement des Cartes Bancaires judgment ("Groupement des Cartes Bancaires" judgment in CB v Commission, C-67/13 P, EU:C:2014:2204(see paragraph 49 and the case-law cited), (...)

Martine Behar-Touchais Imputability : The Court of Justice of the European Union annuls the General Court’s judgment that refused to apply the principle of economic continuity to a transfer of activities carried out by a parent company to its 100 % subsidiary (Parker Hannifin)


CJEU, 18 Dec. 2014, Commission v Parker Hannifin, Case C-434/13 P This case illustrates once again the problems of competition law in the face of restructuring. In 2001, Parker-Hannifin, the umbrella company of the Parker-Hannifin Group, and Saiag entered into discussions regarding the (...)

Martine Behar-Touchais Professional order : The General Court of the European Union confirms that the French National Order of Pharmacists restricted competition in the market for clinical laboratory tests, but reduces the penalty from 5 to 4.75 million euros (Ordre national des pharmaciens)


The judgments of the Court of Justice of 19 May 2009 (Case C-109/08) and the judgment of the Court of Justice of the European Communities (Case C-109/08) are well known. C-171/07 and 172/07 Apothekerkammer des Saarlandes and Others (C-171/07) and Helga Neumann-Seiwert (C-172/07) v Saarland and (...)

Martine Behar-Touchais Collective agreement : The Court of Justice of the European Union states the conditions under which the provision of a collective labor agreement providing for minimum rates for independent service providers affiliated with one of the organizations contracting workers does not fall within the scope of Article 101§1 TFEU (FNV Kunsten Informatie en Media)


According to established case law, inaugurated by the Albany judgment (ECJ 21 September 1999 aff. C-67/96; see also Brentjens’, ECJ 21 September 1999 aff. C-115/97 to C-117/97, Drijvende Bokken, ECJ 21 September 1999 aff. C-219/97; Pavlov, ECJ 21 September 1999 cases C-180/98 to C-184/98; Van (...)

Martine Behar-Touchais Marketing agreements : The Paris Court of Appeals partially reforms the decision of the French Competition Authority related to anticompetitive practices in the flour industry sector (Grands moulins de Paris)


By Decision No. 12-D-09 of March 13, 2012242.6 million, the Competition Authority had sanctioned three cartels in the bagged flour sector (see D. Bosco, "Cartels in the food sector: would the Authority go ’a bit far’?"). Contracts conc. consom. May 2012, comm. 131). The case had started in (...)

Martine Behar-Touchais Restriction "by object" : The Court of Justice of the European Union returns to a strict conception of the anti-competitive object (Groupement des Cartes Bancaires)


This is a very important decision, which can be described as a change of course (or a near turnaround), as the Court of Justice has returned to orthodoxy in its strict assessment of the concept of restriction by object, even though it refuses to change its case law. This decision concerns (...)

Martine Behar-Touchais Ceiling of the fine : The Court of Justice of the European Union establishes a connection between the limit of the fine and the concept of undertaking in case of succession of liable undertakings, but decides that the multiplying factor with its dissuasive effect must take into account the size and the resources of the companies (YKK)


This much-awaited judgment raises the question of the possible modulation of the ceiling of the fine in the event of a succession of responsibilities in the commission of the offence. In this case, where an undertaking is held solely responsible for an infringement for a given period and was (...)

Martine Behar-Touchais Online sale: The French Competition Authority opens an in-depth enquiry on selective distribution agreements containing a prohibition to sell the contract products through marketplaces (Concurrence)


The company Competition is to competition law what the Patino couple are to private international law: a business contributor, and a spur, because in the abundance of questions asked by this operator, there is often at least one relevant one. In this case, the company Competition, which (...)

Martine Behar-Touchais French collective redress: A promising or a (too) limited path? (Antitrust damages actions in France and in Europe : Current situation and upcoming changements, Paris, 13 May 2014)


The Hamon law created the French collective redress. This collective redress has an attractive future, because: First, it will avoid the risk of prescription of private follow on actions. Second, when the competitive fault is established in the decision of the ANC, the civil fault is (...)

Martine Behar-Touchais Calculation of the fine : The Court of Justice of the European Union recalls that, in order to set the sanction, the Commission has to appreciate the desired impact on the company by taking into account the turnover which reflects its real economic situation (Garantovana)


This judgment clarifies the concept of previous financial year, referred to in Article 23(2) of Regulation 1/2003. It should be noted that the text states that ’for each undertaking and association of undertakings participating in the infringement, the fine shall not exceed 10 % of its total (...)

Martine Behar-Touchais Competition and gambling sector


The gambling market has been partially opened to competition by the law of 12 May 2010. Nevertheless, in this area, there are always legal operators and illegal operators (although the ex ante regulation of ARJEL has contributed as much as possible to oust the illegal offering), and there (...)

Martine Behar-Touchais Imputability: The Court of Justice of the European Union decides on the imputability of anticompetitive practices in case of succession of parent companies and on the solidarity of the fines in case of succession of parent companies in corporate restructuring (Siemens, Areva, Alstom)


CJEU, 10 April 2014, Areva and Others v Commission, cases C-247/11 and C-253/11. The imputability of anti-competitive practices in restructuring is not an easy task (cf. the DGCCRF Competition Workshop of 25 June 2014, co-directed by C. Lemaire and ourselves, online: (...)

Martine Behar-Touchais Recidive: The General Court of the European Union refuses to impose to the parent company the first of a series of repeat offenses, for which it had not been pursued with its subsidiary (Saint-Gobain)


Between the beginning of 1998 and the beginning of 2003, the three main operators in the automotive glass sector in Europe, Asahi, Pilkington and Saint-Gobain, entered into illegal market-sharing agreements and exchanged commercially sensitive information concerning supplies of automotive (...)

Martine Behar-Touchais Penalties: The French Supreme Court decides that the principle of individualisation of the penalty implies, under certain circumstances, not taking into account of the belonging to a group of a company, in the determination of the penalty (Cartel de la restauration des monuments historiques)


The question of determining the penalty for an anti-competitive practice has often posed difficulties when the practice is committed by an enterprise that is part of a group of companies. Article L. 464-2, paragraph 4 of the French Commercial Code (in its wording resulting from the NRE law (...)

Martine Behar-Touchais Complex anticompetitive agreement: The Paris court of appeal rejects action against the decision of the French Competition Authority fining the detergent cartel (Unilever, Procter & Gamble, Henkel, Colgate Palmolive)


It will be recalled that by Decision No. 11-D-17 of 8 December 2011367.9 million, the French Competition Authority had sanctioned a cartel between the four laundry detergent manufacturers active in France (Unilever, Procter & Gamble, Henkel and Colgate Palmolive) in the amount of The (...)

Dominique de Gramont, Jacqueline Riffault-Silk, Jean-Daniel Bretzner, Laurence Idot, Louis Martin, Marie-Hélène Huertas, Martine Behar-Touchais, Michel Ponsard, Muriel Chagny, Valérie Pironon, Yann Utzschneider Contractual practices and competition (Paris, October 25th 2010)


This article reproduces the opening papers delivered at the AFEC conference on contractual practices and competition law in Paris on October 25, 2010. According to the Professor Chagny, the examination of the links between contractual practices and competition law lato sensu reveals (...)

Dominique Thesmar, Gilbert Parleani, Jean-Bertrand Drummen, Jean-Louis Fourgoux, Laurence Idot, Martine Behar-Touchais, Muriel Chagny, Valérie Michel Amsellem, Yann Utzschneider Colloque: Restrictive trade practices under the LME Act (AFEC, Paris, 6th October 2008)


Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences Madam President, Ladies and Gentlemen, Dear friends, As the afternoon is busy, I will not go into the substance of the colloquium, but on behalf (...)



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