University Paris Nanterre

Anne-Sophie Choné-Grimaldi

University Paris Nanterre

Anne-Sophie Choné-Grimaldi is professor at Paris Nanterre University where she heads the Law-Economics Master and the research laboratory (CEDCACE). Anne-Sophie Choné-Grimaldi is a member of the Association Henri Capitant and the AFEC Direction committee. She co-authored with Jean-Bernard Blaise the Thémis "European Business law".

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University Paris Nanterre
University Paris Nanterre
University Paris Nanterre
CRDP (Nanterre)
CRDP (Nanterre)


Anne-Sophie Choné-Grimaldi - Transposition de la directive Dommages - 10 mars 2017
Anne-Sophie Choné-Grimaldi 10 March 2017 Paris


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Anne-Sophie Choné-Grimaldi Resale price maintenance : The Court of Justice of the European Union points out that, in order to penalise a practice of fixed prices, it must be established that it causes a restriction of competition (Super Bock Bebidas)


This ruling on a preliminary question has been the subject of much discussion in the run-up to the summer vacations. Let’s be clear from the outset: we are not among those who believe that this decision marks the beginning of a new decision-making practice in the field of fixed prices. The (...)

Anne-Sophie Choné-Grimaldi Horizontal agreements: The European Commission publishes a "horizontal restrictions" package consisting essentially of two revised exemption regulations relating to specialisation agreements and research and development agreements, plus guidelines on horizontal cooperation agreements


Following several rounds of public consultation, on June 1, 2023 the European Commission published two new exemption regulations applicable to horizontal agreements, one relating to research and development agreements (regulation no. 2023/1066) and the other to specialization agreements (...)

Anne-Sophie Choné-Grimaldi Competence : The French Supreme Court confirms the competence of the Competition Authority to sanction the Architects’ Association, whose litigious practices did not fall within the scope of a public service mission, nor of the prerogatives of public power conferred upon it (Ordre des architectes)


In 2019, the Competition Authority had sanctioned the order of architects for a price cartel whose existence was hardly in doubt. Indeed, the order had disseminated a method of calculating fees for the provision of their services and subjected recalcitrant architects to intimidation measures. (...)

Anne-Sophie Choné-Grimaldi Hybrid transaction : The Court of Justice of the European Union revisits the conditions for a "hybrid" transaction and affirms that pro-competitive effects can be analyzed at the stage of the search for the anti-competitive object of the agreement, through the examination of the context in which the agreement takes place (HSBC)


In 2016, informed of the facts by a leniency application filed by the Barclays group, the Commission sanctioned various banks for a cartel on the market for euro-denominated interest rate derivatives (EIRDs), products indexed to the Euribor, an interest rate supposed to reflect the cost of (...)

Anne-Sophie Choné-Grimaldi Relevant market: The French Supreme Court rules that the Competition Authority and the Paris Court of Appeal had correctly delimited the relevant market by using the broadest delimitation, which had led them to reject the complaint lodged by the Canal + group, as the practice was not likely to have significant anti-competitive effects (Canal +)


This is a "beautiful" decision of the Court of Cassation concerning a problem of delimitation of the relevant market in an antitrust case. Most often, questions of delimitation of the relevant market arise in matters of abuse of a dominant position (the market share of the company in question (...)

Anne-Sophie Choné-Grimaldi Presumptions in competition law


The presumption is a complex, equivocal and plural mechanism that serves various purposes. In order to present presumptions in competition law, a tripartite classification has been adopted; it highlights the close relationship between the purpose of the presumption and its force. Some (...)

Anne-Sophie Choné-Grimaldi Resale price maintenance: The Paris Court of Appeal confirms the existence of a customer-sharing cartel but considers that the practice of resale price maintenance was not established, in the famous "Apple" case which led the French Competition Authority to impose a record fine (Apple)


While the French Competition Authority had imposed a fine of 1.24 billion euros on the American manufacturer Apple and its two French wholesalers, Ingram Micro and Tech Data (decision no. 20-D-04 of March 16, 2020), the Paris Court of Appeal reduced it to a cumulative amount of approximately (...)

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 (...)

Anne-Sophie Choné-Grimaldi Interpretation: The Court of Justice of the European Union, in response to a question referred by the German court, interprets the Commission’s decision condemning the "lorry cartel" as also covering refuse collection vehicles (Daimler)


Article 267 TFEU gives the Court of Justice of the European Union jurisdiction to answer questions for a preliminary ruling on "the interpretation of acts of the institutions, bodies, offices and agencies of the Union". The text thus opens up the possibility of asking the Court for a question (...)

Anne-Sophie Choné-Grimaldi Agriculture: The French Competition Authority has issued a favourable opinion on the draft ordinance, the objective of which is to promote the development of weather risk insurance in agriculture, considering that insurers who simply apply a legal text cannot be sanctioned on the basis of cartels


The law n° 2022-298 of March 2, 2022 on the better dissemination of crop insurance in agriculture and reforming the tools for managing climatic risks in agriculture has authorized the government to take, by way of ordinance, several measures whose objective is to promote the conclusion of (...)

Anne-Sophie Choné-Grimaldi Vertical agreements: The European Commission adopts a new exemption regulation applicable to distribution agreements and publishes new guidelines to accompany it


The new Regulation 2020/720 replaces Regulation 330/2010, which has expired and defined the conditions for the block exemption of vertical agreements. In order to clarify the meaning of the Regulation and to provide additional information, in particular regarding the fate of contracts that (...)

Anne-Sophie Choné-Grimaldi Rights of defense: The Court of Justice of the European Union holds that, in order to convict an undertaking for its participation in a single infringement made up of separate infringements , it must be given the opportunity to defend itself on the existence of these separate infringements and to have explained how the various actions, taken in isolation, constitute infringements of competition law (Sony, Toshiba, Quanta Storage)


The Court of Justice has just handed down a series of rulings relating to the cartel in the optical disk drive sector, between 2004 and 2008 - the dates vary depending on the companies convicted. In this case, the companies condemned(Sony, Toshiba, Quanta Storage...) were condemned in their (...)

Anne-Sophie Choné-Grimaldi Complaint dismissal: The French Competition Authority rejects a complaint for lack of sufficient evidence, accusing the complainants of not having provided a market analysis allowing to delimit the market and to calculate the market shares of the companies in question (SFR ; société 1979)


The French Competition Authority has just dismissed a complaint concerning facts that do not lack piquancy! The complainant is a company that distributes pornographic films. It complains about practices implemented by an Internet service provider [hereafter "SFR"] and one of its competitors (...)

Anne-Sophie Choné-Grimaldi Exchange of information: The General Court of the European Union rejects the action brought by the truck manufacturer which, having refused to settle, had been heavily sanctioned by the European Commission and takes the opportunity to recall its consistent case law on single infringement and exchanges of information with an anticompetitive object (Scania)


Everyone will recall the highly publicized conviction of truck manufacturers in a cartel that is currently giving rise to significant remedial actions. Thanks to the combined use of leniency and settlement mechanisms by four of the five cartelists, the cumulative amount of the fines imposed on (...)

Anne-Sophie Choné-Grimaldi Online distribution: The French Supreme Court rejects the appeal brought by a motorcycle equipment manufacturer convicted of indirectly prohibiting its distributors from selling its products online, ruling that, even if individualized advice had to be given to users to ensure their safety, it could be provided online (Sthil)


For having imposed on its distributors an obligation known as "setting in hand", imposing a physical contact between the salesman and his purchaser, the manufacturer of motorized cultivation equipment (chainsaws and brushcutters) was condemned under the law of the vertical agreements. The (...)

Anne-Sophie Choné-Grimaldi Priority clause: The Court of Justice of the European Union answers a preliminary question asked by a Latvian court on the classification of a "priority clause" inserted in a distribution contract as a cartel, by recalling the alternative between the anti-competitive object and effects and the conditions for granting an individual exemption, without ever referring to the exemption regulation on vertical agreements (Visma Enterprise / Konkurences padome)


The Latvian competition authority was asked to review the validity of a "priority clause" in the distribution contracts between the manufacturer of an accounting software and its distributors. The priority mechanism worked as follows: the distributor who identified a potential customer had to (...)

Anne-Sophie Choné-Grimaldi Resale price maintenance: The French Competition Authority condemns a cartel in the form of resale price fixing by a franchisor on its franchisees (Espace Foot)


Here are some facts of the case that remind one of an exam subject that one would gladly give to students of competition law. The franchisor, at the head of the ESPACE FOOT network (sale of sporting goods), had inserted a clause in its franchisee contracts which reads as follows: "[d]n the (...)

Anne-Sophie Choné-Grimaldi Price fixing: The French Competition Authority sanctions eyewear manufacturers for imposing resale prices on their distributors and prohibiting them from selling online (Luxottica / LVMH... )


The conviction of eyewear suppliers on 22 July 2021 for practices involving resale price maintenance and a ban on resale on the Internet shows that the most basic rules of distribution law are not always respected. There are still pathological situations that the Authority must correct. In (...)

Anne-Sophie Choné-Grimaldi Horizontal Agreement: The Paris Court of Appeal confirms, as expected, the sentences pronounced against endives producers and their professional organisations but significantly reduces the amount of the fines pronounced (Cap Endives)


Continuation and end: here is the last judgment - in principle - in the famous endive case! The decision of the Court of Appeal was expected: it will hardly surprise the faithful reader of this column. Indeed, we remember the condemnation for cartels pronounced by the Competition Authority (...)

Anne-Sophie Choné-Grimaldi Market sharing: The European Commission sanctions three rail transport companies for a market sharing cartel that led to price increases (Österreichische Bundesbahnen, Deutsche Bahn ; Société Nationale des Chemins de fer belges)


The leniency procedure uncovered a cartel in the rail freight block train sector between the German, Austrian and Belgian rail operators. Prior to bidding for tenders, these companies consulted on the content of the bids they were about to submit, with the aim of sharing markets and customers (...)

Anne-Sophie Choné-Grimaldi COVID-19: The European Commission sends compatibility letter to organisers of online forum of companies with a potential role in the production and distribution chain of COVID-19 vaccines


Antitrust law is an ex post law. For the enforcement authorities, this means that their intervention takes place after the implementation of illegal practices. For companies, this means that before implementing a particular practice, it is up to them to assess it themselves in the light of the (...)

Anne-Sophie Choné-Grimaldi Market distribution: The French Competition Authority sanctions sandwich manufacturers who colluded for several years to share out invitations to tender from supermarkets and applies the so-called "leniency plus" system (Roland Monterrat / La Toque Angevine / Daunat)


The facts that led to this decision, which enabled the Authority to impose a fine of a cumulative amount of approximately EUR 25 million, are unfortunately quite classic. They came to its attention through the leniency procedure. Between September 2010 and September 2016, the private label (...)

Anne-Sophie Choné-Grimaldi Tender offer: The French Competition Authority, following a refusal of a transaction proposed by the DGCCRF, fines a company for submitting ‘cover-up’ tenders, resulting in an artificial increase in price for security works for tobacco retail shops (Double Tour)


An aid scheme was introduced in 2006 to enable tobacco shop operators to make their businesses more secure by installing devices such as an alarm or a video surveillance system. The aid has been gradually increased to a maximum of EUR 15 000 every three years. Two companies, active in the (...)

Anne-Sophie Choné-Grimaldi Exchange of information: The French Competition Authority sanctions a construction company for exchanging information between bidders in a call for tenders, after the company refused the settlement proposed by the DGCCRF, and also holds its parent company liable, even though the latter’s turnover exceeds the ceiling provided for by the anti-competitive micro-practices mechanism (Santerne Nord Tertiaire, Vinci Energies France)


The case began before the DGCCRF, which activated the mechanism provided for in Article L. 464-9 of the French Commercial Code, which allows for the sanctioning of "anti-competitive micro-practices". As a result, two companies were sanctioned for facts constituting a cartel. The third company (...)

Anne-Sophie Choné-Grimaldi Purchasing power: The French Competition Authority renders mandatory, under provisions adopted following the Egalim Law, commitments adopted by two large retailers in the context of joint purchasing agreements (Carrefour / Tesco)


Following the decision of 22 October 2020 (discussed in the previous column), the French Competition Authority has issued a second decision on the basis of the Egalim law: it concerns the cooperation agreement between Carrefour and Tesco regarding the manufacture of their private label (...)

Anne-Sophie Choné-Grimaldi Resale price maintenance: The French Competition Authority sanctions a tea manufacturer for having set up a system of resale price maintenance for its independent distributors who resell their products online (Dammann Frères)


In a decision handed down on December 3, 2020, the French Competition Authority sanctioned Damman Frères for imposing resale prices on its distributors (independent distributors, holders of a simple brand license) who resell their products on the Internet. The sanction was imposed on the dual (...)

Anne-Sophie Choné-Grimaldi Bid rigging: The French Competition Authority decides, in line with European case law, that the concerted filing of several responses to a call for tenders by subsidiaries of the same group does not constitute an anti-competitive agreement (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)


Every year, the public establishment France AgriMer launches a call for tenders aimed at companies manufacturing and trading in food products in order to enable charities such as Les Restos du Cœur to organise major food distribution operations for the most disadvantaged. The submission of (...)

Anne-Sophie Choné-Grimaldi Mergers: The French Competition Authority is assessing, for the first time, the validity of a merger or acquisition in the food retail sector, on the basis of the texts resulting from the Egalim law (Auchan, Casino, Metro, Schiever)


The scope of operations controllable under the merger rules is the subject of quite a lot of criticism. There are said to be "holes in the racket" according to many observers. Quite frequently, proposals are made to extend the scope of such control. For a while, attention has been focused on (...)

Anne-Sophie Choné-Grimaldi Market test: The French Competition Authority launches a market test on the commitments proposed by the famous building brick company in order to address the competition concerns resulting from its pricing policy (Lego)


Lego ’s policy of price discounts applied by Lego to its distributors led the Casino referral centre to file a complaint with the French Competition Authority. Rather than engage in litigation, the Authority is attempting to respond to this situation by resorting to the commitment procedure. (...)

Anne-Sophie Choné-Grimaldi Proportionnality: The General Court of the European Union, following a referral by the Court of Justice of the European Union, rules for the second time on the liability of one of the undertakings involved in the chipcard cartel and increases by 5% the reduction granted, in order to proportionately adjust the fine to the number and intensity of anticompetitive contacts (Infineon Technologies)


With the ruling handed down on 8 July 2020, it is hoped that the litigation initiated by Infineon Technologies regarding its participation in the card chip cartel will finally be over. It will be remembered that four major companies in this sector had been condemned for a cartel in the form of (...)

Anne-Sophie Choné-Grimaldi Digital platforms: The Commission for Economic Affairs analyses a parliamentary report submitted by MPs Faure-Muntian and Fasquelle, containing certain proposals aiming at strengthening the regulatory framework applicable to digital platforms


The parliamentary report presented by MEPs Faure-Muntian and Fasquelle is devoted to the regulation of economic activity and the power of digital platforms. Platform" is defined by reference to the current article L. 111-7, I C. conso. which refers to "any natural or legal person offering, on (...)

Anne-Sophie Choné-Grimaldi Fine: The Paris Court of Appeal mostly confirms the fine amounts imposed by the French Competition Authority in the matter of hygiene and cleaning products (L’Oréal)


It will be recalled that on 18 December 2014, the Competition Authority imposed heavy fines on the members of a cartel involving hygiene and cleaning products (Decision No. 14-D-19). L’Oréal was unable to take advantage of the leniency programme and was therefore fined the highest fine. It (...)

Anne-Sophie Choné-Grimaldi Vertical agreement: The Paris Court of Appeal dismisses the appeal brought by members of a car repair and distribution network against the decision of the French Competition Authority rejecting their complaint for lack of conclusive evidence (Garage Richard Drevet)


Several operators of the Hyundai network, which repair Hyundai vehicles, had complained to the Competition Authority about their foreclosure from the car network. They considered this action to be unlawful because they considered that they fulfilled the criteria for the selective distribution (...)

Anne-Sophie Choné-Grimaldi Definition of the relevant market: The European Commission publishes a roadmap explaining the steps that should lead it to revise the Notice on the definition of the relevant market


In a roadmap published on 3 April 2020, the European Commission officially launched the process of revising the Notice on the definition of the relevant market, which had not been amended since its publication on 9 December 1997. As a first step, the Commission invited interested parties to (...)

Anne-Sophie Choné-Grimaldi Restriction by object: The French Supreme Court firmly states that the notion of restriction by object must be assessed restrictively, in the absence of experience acquired by antitrust authorities with respect to the relevant practice (Banque postale)


In the banking sector, the 2000s were marked by the transition to dematerialisation. In the case of cheque cashing, this dematerialisation led to an acceleration in the transfer of sums. As a result, the bank of the issuer of the cheque (the drawer) loses the money sooner and the bank of the (...)

Anne-Sophie Choné-Grimaldi Single and continuous infringement: The French Competition Authority imposes a heavy fine to manufacturers of stewed fruits, for agreeing on prices and sharing markets (Andros / Coroos...)


After laundry and hygiene products, here’s another consumer product that appears to be cartelized: compotes! The manufacturers of compotes are fined a total of more than 58 million euros. As is often the case, it was the leniency procedure that enabled the Authority to learn about this (...)

Anne-Sophie Choné-Grimaldi Relevant market: The European Commissioner for Competition, Margrethe Vestager, announces a revision of the 1997 Guidelines on the definition of relevant markets


While French parliamentarians have just published a report on European competition law in which they advocate the disappearance of the notion of "relevant market" (P. Anato and C. The Grip, "Information report made on behalf of the European Affairs Commission on European competition law in the (...)

Anne-Sophie Choné-Grimaldi Association of undertakings: The French Competition Authority fines an architect association which vigorously imposed on its members a minimum price maintenance in relation to public tenders (Architects association)


Ignorance of competition law or a feeling of not being subject to its laws? The liberal professions will have to learn to cope with the constraints of competition. After having condemned notaries (decision no. 19-D-12 of 24 June 2019 relating to practices implemented by notaries in real estate (...)

Anne-Sophie Choné-Grimaldi Equal treatment: The General Court of the European Union dismisses the new appeal brought by an undertaking fined for its participation in the paper cartel against the decision ’re-adopted’ by the European Commission, since it does not infringe any of the fundamental principles of procedure (Printeos)


The envelope cartel has given rise to numerous decisions by different European and national authorities and courts. The decision adopted on 10 December 2014 by the European Commission, which sanctioned various envelope manufacturers for their participation in various cartel activities, is at (...)

Anne-Sophie Choné-Grimaldi Exchange of information: The General Court of the European Union confirms that exchanges of information between traders constitute an infringement by object, but blames the European Commission for an insufficient motivation in setting the amount of the fine (HSBC)


On 7 December 2016, the European Commission sanctioned several banks for various cartel activities in a "single and continuous infringement" in the market for euro-denominated interest rate derivatives (EIRDs). One bank (Barclays), having disclosed the facts, was granted leniency; others (...)

Anne-Sophie Choné-Grimaldi Calculation of damages:The European Commission publishes its “Guidelines for national courts on how to estimate the share of overcharge which was passed on to the indirect purchaser”


The European Commission is continuing its work of education and assistance to national courts applying EU competition law in the context of civil actions for damages. After the Commission Notice on the quantification of damages (OJEU 13 June 2013) and the accompanying "practical guide" is a (...)

Anne-Sophie Choné-Grimaldi Association of undertakings:The French Competition Authority dismisses, for lack of evidence, a complaint brought by an online content provider allegedly deprived of the effective ability of accepting online payments by credit cards (Dstorage / Visa / Mastercard)


Now that’s a spicy case! The Dstorage company did not lack audacity when it filed a complaint against players in the banking sector for the implementation of anti-competitive practices that gradually deprived it of the possibility of accepting payments by bank card. Practices to combat (...)

Anne-Sophie Choné-Grimaldi Price maintenance: The French Competition Authority issues a similar decision fining one of the producers who had not yet been fined, following a decision dated of December 20th, 2018 regarding the same practices implemented in the same sector (Agrotechniek / C.I.S. / Hydro Factory)


Agrotechniek Metrop, a producer of liquid fertilisers, was dissolved shortly before the notification of objections, which resulted in the conviction by Decision No 18-D-26 of 20 December 2018.. For this reason, in 2018, the Authority preferred to postpone its decision on his case and wait to (...)

Anne-Sophie Choné-Grimaldi, Patrick Bénézit, Hugues Beyler, Jacques Davy, Antoine Suau, Valérie Weil-Lancry Expectations of economic operators (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)


A round table, moderated by Professor Anne-Sophie Choné-Grimaldi, allowed the representatives of the various links in the sectors to express themselves and discuss the content of the new texts. From upstream to downstream, this roundtable brought together: For the production: Patrick Bénézit, (...)

Anne-Sophie Choné-Grimaldi Association of undertakings: The French Competition Authority fines, in two distinct decisions, public notaries of Franche-Comté on the one hand, and the bailiffs of Hauts-de-Seine on the other hand, for implementing a price fixing cartel (GIE Notimo)


The famous "educational work" on competition rules is clearly not yet complete. Last June, legal professionals - notaries and bailiffs - were, via their representative organisations, sanctioned by the Competition Authority for price-fixing practices (See, for similar facts, Aut. conc., No. (...)

Anne-Sophie Choné-Grimaldi Exclusive right: The French Competition Authority sanctions a manufacturer of medical biology products and its wholesaler-distributor for having agreed on an exclusive right of import in French Guiana, in violation of Article L. 420-2-1 of the French Commercial Code (bioMérieux, Guyane service médical)


The Competition Authority has once again just punished economic players for agreeing to exclusive import rights in overseas territories. The case concerns medical biology products, which are used by hospitals to carry out in vitro diagnostic tests. In this case, an exclusivity clause had been (...)

Anne-Sophie Choné-Grimaldi Commitments: The European Commission renders legally binding commitments whereby two global payment associations agree to reduce the interchange fees paid on purchases made in the European Union with a debit or credit card issued outside the European Union (Visa, Mastercard II)


A good illustration of the "extraterritoriality" of competition law: the two US companies competing with each other, Mastercard and Visa, have agreed to give commitments to reduce their multilateral interchange fees on payments made within the European Economic Area (EEA) by cardholders of (...)

Anne-Sophie Choné-Grimaldi Resale price: The French Competition Authority sanctions several producers and resellers of liquid fertilizers for a mechanism of resale price maintenance (Agrotechniek, C.I.S., Hydro Factory)


The commented decision concerns a very small economic sector: liquid fertilisers for soil-less cultivation (hydroponics) are only used by well-informed customers who practice particular forms of cultivation. The market is shared by a few manufacturers with a strong reputation in the sector. (...)

Anne-Sophie Choné-Grimaldi Resale price: The Paris Court of Appeal sanctions a mechanism of resale price maintenance on the sole basis of national competition law provisions (Bubble diving / La Spirotechnique)


The Paris Court of Appeal, hearing a civil action for compensation for the consequences of a vertical cartel practice, characterizes the anti-competitive practice and sanctions the supplier (the company Spirotechnique) to compensate the damage suffered by one of its distributors (the company (...)

Anne-Sophie Choné-Grimaldi Online sales: The European Commission imposes a heavy fine to a clothes manufacturer for the setting up of various mechanisms limiting the freedom of its retailers to sell online (Guess)


The European Commission has just fined the well-known clothing company Guess nearly €40 million for having stipulated various anti-competitive clauses in its distribution contracts. The decision comes in the wake of those that have been adopted in recent years to try to build the online (...)

Anne-Sophie Choné-Grimaldi Resale price maintenance: The French Competition Authority fines household appliance manufacturers for having agreed on resale prices recommended to their distributors, a practice it chooses to qualify as ‘continued and repeated’, because of a period of suspension during its implementation (Household appliances)


The Competition Authority, informed of the disputed practices by the DGCCRF, which provided it with evidence, sanctioned two cartels between household appliance manufacturers. The practice led to cost increases borne by distributors and kitchen manufacturers. The extent of the additional costs (...)

Anne-Sophie Choné-Grimaldi Online distribution: The French Competition Authority applies the Pierre Fabre and Coty case law in order to assess the validity of selective criteria applied by the manufacturer, regarding the possibility for its distributors to distribute online (Distribution of mechanical garden tools)


Following an investigation carried out by the DGCCRF, the Competition Authority, seized of its own motion, sanctioned a manufacturer of motorcycling equipment (Stihl brand), at the head of a selective distribution network, for restricting the possibility offered to its distributors to use (...)

Anne-Sophie Choné-Grimaldi Equality of treatment: The General Court of the European Union annuls a decision of the European Commission on grounds of violation of the principle of equality of treatment in the setting of fines (GEA)


Here is another episode in the complicated business of thermal stabilizers, this time involving the epoxidized soybean oil and esters (ESBO/esters) sector. It should already be noted that the decision is particularly difficult to read. A (simplified) reminder of the facts is necessary. By a (...)

Anne-Sophie Choné-Grimaldi Food sector: The French Supreme Court annuls a judgment of the Paris Court of Appeal in the endive cartel inviting the court to apply criteria laid down by the Court of Justice of the European Union in a preliminary ruling for the interpretation of the European Regulation establishing a common organisation of the markets in agricultural products (APEF)


New - expected - aspect in the endives case. It is recalled that it was after having been sanctioned, successively by the Competition Authority and then the Paris Court of Appeal, that the cartel between endives producers was brought before the magistrates of the Court of Cassation. Faced with (...)

Anne-Sophie Choné-Grimaldi Concerted practices: The Paris Court of Appeal upholds the French Competition Authority’s decision in the sector of courier services while marginally reducing some fines, and confirms the need to carry out a global analysis in this type of cases (Chronopost)


We remember the exemplary convictions handed down in 2015 by the Competition Authority against almost all transport companies guilty of concerted practices constituting cartels. Three years later, it was the turn of the Paris Court of Appeal to rule. It took no less than 190 pages for the (...)

Anne-Sophie Choné-Grimaldi Abuse of dominant position: The French Competition Authority rejects the qualification of abuse of dominant position and as a result, rejects the qualification of anticompetitive agreements, thereby establishing a relevant connection between these two qualifications (IT services maintenance)


The origin of this case lies in the filing of a complaint by several companies of the Econocom group, active in the IT maintenance sector, against three well-known computer hardware manufacturers: IBM, HP and Oracle. In this connection, it should be remembered that the maintenance activity may (...)

Anne-Sophie Choné-Grimaldi Agriculture : The French Competition Authority delivers an opinion relating to the agricultural sector, in which it reminds the scope of the various exceptions to the prohibition of anticompetitive practices applying to producer organisations (POs), associations of producer organisations (APOs) and inter-branch organisations (IBOs) (Agricultural sector)


The agricultural sector is at the heart of the attention and topicality of competition law. In 2017, when the "États généraux de l’alimentation" were held, which provided a forum for discussion and negotiation for the various players in the production and distribution chain, the CJEU handed (...)

Anne-Sophie Choné-Grimaldi Relevant market: The Court of Justice of the European Union dismisses the appeals brought by certain members of the cartel of international air freight forwarding services, and draws a distinction between the scope of the practices at stake and the delineation of the relevant markets affected by such practices (Kühne + Nagel International ; Schenker ; Deutsche Bahn ; Panalpina World Transport)


By 2012, the Commission had sanctioned 14 international groups for participating in four separate agreements relating to the pricing of international air transit services. After the traditional actions for annulment and full jurisdiction brought before the Court of First Instance, the case was (...)

Anne-Sophie Choné-Grimaldi Restriction of competition by object: The Paris Court of Appeal confirms that a clause of territorial restriction inserted in the internal Rule Book of a cooperative company must be analysed from the standpoint of horizontal agreements and qualified as a restriction of competition by object (GIF)


The distinction between horizontal and vertical agreements is very clear in theoretical terms, but is less clear when it comes to specific assumptions that are difficult to classify. Above all, even though on the surface the two types of agreements appear to be opposed, in practice their (...)

Anne-Sophie Choné-Grimaldi Territorial market sharing: The Court of justice confirms that a contractual provision organizing a territorial non-compete agreement constitutes an anticompetitive agreement, irrespective of the caveat “to the extent permissible by law”, inserted therein (Telefonica)


It will be recalled that in a judgment of 28 June 2016, the EU Court of First Instance condemned Telefonica for inserting a non-competition clause in the divestiture contract between the Spanish (Telefonica) and Portuguese (PT) operators for the control of the Brazilian telephone operator (...)

Anne-Sophie Choné-Grimaldi Common market organization: In a preliminary ruling requested by the French Cour de cassation, the Court of justice clarifies the interplay between the EU rules applying to the agriculture sector and the various derogations to Article 101, §1 TFEU (Association des producteurs vendeurs d’endives)


In a decision that received some media attention, on March 6, 2012, the Authority condemned a number of producers and professional organizations for their participation in a cartel in the endive production and marketing sector (Dec. No. 12-D-08). Although the fines imposed remained fairly (...)

Anne-Sophie Choné-Grimaldi Participation to a single meeting: The Paris court of Appeal approves the standard of proof applied by the French Competition Authority, which imposes, when its decision is based solely on domestic law, other circumstantial evidence than one single participation to an anticompetitive meeting, in order to retain the company’s liability (Smith & Smith Characters)


On September 29, 2016, the French Competition Authority condemned the main professional association of model agencies and several model agencies on the basis of Article L. 420-1 of the French Commercial Code, accusing them of having issued and then applied price lists established during (...)

Anne-Sophie Choné-Grimaldi Sector enquiry: The European Commission publishes its final report on the E-Commerce sector inquiry and draws attention on various practices that hinder the development of the e-Commerce and sends a warning about possible sanctions (Final report on the E-commerce Sector Inquiry)


On 6 May 2015, as part of the Digital Single Market Strategy, the European Commission launched a major sector inquiry into e-commerce of consumer goods and digital content in the EU. In September 2016, the Commission published a preliminary report and submitted it for public consultation, (...)

Anne-Sophie Choné-Grimaldi Reference for a preliminary ruling: Advocate General Wahl issues its opinion regarding reference for a preliminary ruling in the endive cartel case (APVE)


The Court of Cassation has referred a question to the Court of Justice for a preliminary ruling on the relationship between the various derogations from the prohibition on cartels in the fruit and vegetable sector. After recalling that, as a matter of principle, the agricultural sector falls (...)

Anne-Sophie Choné-Grimaldi Basic amount of the fine: The European Court of Justice confirms that, when calculating the basic amount of the fine, the European Commission shall take into account the value of sales negotiated outside the EEA of goods delivered within the EEA (Samsung)


In dismissing Samsung’s appeal, the Court of Justice confirms the penalty imposed on that undertaking for participating in the cartel of cathode-ray tubes for television sets and computer monitors, which has been split into two single and continuous infringements, one relating to CPT (computer (...)

Anne-Sophie Choné-Grimaldi Interruption of the limitation period: The French Supreme Court reaffirms that an act relating to the legal proceedings interrupts the limitation period for all related facts (Reckitt Benckiser)


It will be recalled that by a decision of 18 December 2013 (No. 13-D-21)In a decision handed down in April 2007, the Competition Authority sanctioned Schering-Plough, which markets the drug called "Subutex" (used in the treatment of heroin addiction as a substitute leading to detoxification), (...)

Anne-Sophie Choné-Grimaldi Participation to cartel meetings: The French Supreme Court rules that a company can be held liable for its participation to a cartel even on the basis of a single participation to a cartel meeting without publicly distancing itself, but one cannot assume from the absence of public distancing that it maintained its participation to the cartel when it is established that it stopped attending cartel meetings (GoodMilIs Deutschland / Grands Moulins de Paris)


By decision of 13 March 2012, the Competition Authority had sanctioned a Franco-German cartel implemented on the market for flour for human consumption. Several cartels were sanctioned: first, a cartel between German and French millers aimed at sharing the market territorially, and second, two (...)

Anne-Sophie Choné-Grimaldi Participation to a single meeting: The French Competition Authority fines a professional union and its members for implementing guidelines on tariffs and clarifies the criteria upon which a company can be held liable for a single participation to a cartel meeting (Model agency)


The model agency sector has just been hit by a decision of the Authority sanctioning, for anti-competitive agreements, the main professional union, SYNAM, and several model agencies that are members of this union. The companies in question are accused of having drawn up tariff schedules which (...)

Anne-Sophie Choné-Grimaldi Single and continuous infringement: The General Court of the European Union rejects, in the saga of pre-stressing cartel, the appeal brought by four Spanish companies and applies again the concept of single economic entity to retain the liability of the parent company (Moreda-Riviere Trefilerías, Trefilerías Quijano, Trenzas y Cables de Acero PSC and Global Steel Wire)


On 30 June 2010, the European Commission sanctioned nearly twenty companies for taking part in a cartel in the prestressing steel sector, which dates back to the 1980s and only ended in September 2002. For the record, the first information on this cartel was sent to the European Commission in (...)

Anne-Sophie Choné-Grimaldi Licence: The Court of Justice of the European Union holds that the obligation imposed on the licensee to pay royalties is not contrary the Article 101 TFEU even if the license is annulled or if the use of the licensed technology – even without license – would not have constituted a counterfeit, as long as the licensee can freely terminate the agreement, subject to a reasonable notice (Genentech / Hoechst et Sanofi-Aventis Deutschland)


The judgment on the question referred for a preliminary ruling follows the question referred by the Paris Court of Appeal concerning the compatibility with Article 101 TFEU of the practice of requiring a licensee, party to a patent licensing agreement, to pay a royalty when the patent has been (...)

Anne-Sophie Choné-Grimaldi Geographic allocation of market: The General Court of the European Union confirms the illegality of a geographic allocation clause contained in a sale deal between two telecoms operators, but reverses the Commission decision with respect to the determination of the fine (Portugal Telecom SGPS and Telefónica)


The two judgments handed down on 28 June 2016 relating to the Spanish and Portuguese telecommunications markets concern a non-competition clause inserted in an agreement between the two main telecommunications operators in Spain (Telefonica) and Portugal (Portugal Telecom, known as PT) on the (...)

Anne-Sophie Choné-Grimaldi Local anticompetitive practice: The French National Competition Authority imposes heavy fines to four companies who -contrary to others- had refused the transaction proposed by the ministry of Economy


It should be remembered that it was the Order of 13 November 2008 on the modernisation of competition regulation that granted the Minister of the Economy the power to sanction what are commonly known as "anti-competitive micro-practices". Article L. 464-9 of the C. com. defines these practices (...)

Anne-Sophie Choné-Grimaldi Settlement: The European Commission fines two Japanese car parts producers after a settlement procedure for participating in a cartel for alternators and starters with another firm (Melco / Hitachi)


In a press release of 27 January 2016, the Commission announces that it has just sanctioned a new cartel practice in the car parts sector. This time it involved a cartel between three Japanese manufacturers, suppliers of alternators and starter motors. Even though it was initiated and (...)

Anne-Sophie Choné-Grimaldi Economic and legal context: The Court of Justice of the European Union dismisses the appeal and explains that the analysis of the economic and legal context of the agreement can be limited to what is strictly necessary to characterize its anticompetitive object, and that market share on a territory broader than that of the agreement can be taken into account in determining the basic amount of the fine (Toshiba Corporation)


In its judgment of 20 January 2016, the Court of Justice dismissed the appeal brought by Toshiba Corporation in the power transformers cartel case, in which the Commission had fined Toshiba Corporation €13.2 million (decision of 7 October 2009, COMP/39.129), a decision upheld by the General (...)

Anne-Sophie Choné-Grimaldi Lack of motivation: The General Court of the European Union annuls the Commission decision in the air cargo cartel, because of a contradiction between the statement of objections and the operative part of the decision (Cargo cartel)


Revealed through the leniency programme, the cartel between 21 air carriers to fix a ’fuel surcharge’ and a ’security surcharge’ had been condemned by the Commission by a decision of 9 December 2010 (Decision C(2010) 7694 final). It will be remembered that Air France had thus been penalised to (...)

Anne-Sophie Choné-Grimaldi Endive cartel: The French Supreme Court stays the proceedings and submits a preliminary question to the Court of justice of the European Union about the coordination and the interpretation of different regulations concerning the agricultural policy in conjunction with competition law (Endives)


Everybody remembers the noisy condemnation pronounced by the Competition Authority in the so-called "endives cartel", a cartel which, uniting multiple professional bodies, had allowed producers to agree on a minimum selling price for endives (Decision No 12-D-08 of 6 March 2012). The decision (...)

Anne-Sophie Choné-Grimaldi Watching mechanism: The French Competition Authority considers there is no price maintenance practice due to the absence of police or watching price mechanism (Video game sector)


The French Competition Authority has sued Nintendo for price fixing in connection with the sale of its Wii console, following a referral from the Ministry of the Economy. The investigation was initially conducted by the services of the Interregional Competition Investigation Brigade of (...)

Anne-Sophie Choné-Grimaldi Market place: The French Competition Authority closes the investigation against a sport company, because the company deleted from its distribution contracts the challenged provision during the investigation (Adidas)


The well-known sports goods brand Adidas distributes its products through a selective distribution network. Until recently, it prohibited its distributors from using the services of "marketplaces", those Internet players which allow the listing of products of multiple brands, such as e-Bay or (...)

Anne-Sophie Choné-Grimaldi, Ashley E. Bass, Florian Bien, Florian Wagner-von Papp, Luis Loras, Miguel Angel Malo, Paul Hitchings, Peter Camesasca, Rafael P. Amaro, Silvia Pietrini Implementation of EU Directive 2014/104 on actions for damages for infringements of competition law


The directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...)

Anne-Sophie Choné-Grimaldi, Aurélie Tardieu, Benoît Delaunay, Grégory Godiveau The reconfiguration of relations between the public and the private sphere (Dimensions of public sphere in competition law, Caen, 3 October 2014)


The second session allows studying the functions of the undertaking in the relationships between the legal systems in competition matter. It appears that it plays a role of interface in the relations between the European Union and its Member States both in antitrust law (Pr. Chone-Grimaldi, (...)

Anne-Sophie Choné-Grimaldi Rapport annuel pour l’année 2013


At a time when, right up to the top of the State, the debate rages on the real or only presumed virtues of free competition, the French Competition Authority publishes, as it does every year, its annual report. In 2014, its activity will be in line with that of other years, even if there will (...)

Anne-Sophie Choné-Grimaldi Rapport annuel 2011


Created by the Law on the Modernisation of the Economy (LME) of 4 August 2008, the Competition Authority succeeded the Competition Council. In addition to the presentation of its activities as such, the Authority has chosen this year to devote its thematic section to the link between (...)

Anne-Sophie Choné-Grimaldi Economic Theory and Competition Law


The context for this book is the increasingly complex relationship between economic theory and competition law which gives rise to lively political and academic debate on the direction competition law should take in a more global and innovation-oriented market place. The authors adopt a (...)

Anne-Sophie Choné-Grimaldi Rapport annuel pour l’année 2007


The Competition Council published its annual report for 2007 in July. The Council welcomes, as in previous years, the decline in the volume of its stock of pending cases. The number of referrals remained stable in 2007 and the number of cases dealt with increased. The development of its (...)



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