Jones Day (Brussels)

Bernard Amory

Jones Day (Brussels)
Partner

Bernard Amory has practised law in Brussels since 1984. While working as an official in the Directorate General IV (Competition) of the European Commission, he was in charge of the application of the competition rules in the telecommunications sector and played a key role in the liberalisation of the European telecommunications market. He has extensive experience as a Commission official and as a private practitioner in dealing with joint ventures, strategic alliances, and mergers and acquisitions (on behalf of both notifying parties and third parties), as well as abuses of dominant position, cartel investigations, and state aid matters before the Commission and the European courts. The leading cases in which he has been recently or is currently involved include: MCI WorldCom/Sprint, Telia/Telenor, BT/AT&T, the Irish risk equalisation scheme case for BUPA, the roaming inquiry, the vitamins cartel for Aventis, the credit card investigation for MasterCard, the Microsoft inquiry on behalf of AOL Time Warner, the Sony/BMG proposed merger on behalf of Apple Computer, the O2/T-Mobile infrastructure and national roaming agreement exemption on behalf of O2, and the paper and forestry product investigation on behalf of UPM-K. He obtained one of the last Article 81(3) exemptions from the Commission for mm02 plc and 02 Germany in relation to their infrastructure sharing and national roaming agreement with T-Mobile in Germany and the U.K. He also represents fixed and mobile operators in a wide variety of regulatory matters and has assisted governments across the world in relation to telecommunications legislation. In 2006, Bernard was named lawyer of the year for regulatory communications by Who’s Who Legal. He also has been selected as one of the world’s top 20 lawyers by the Commercial Lawyer 2000 and is described by Chambers Global - The World’s Leading Lawyers as one of ’Europe’s finest telecoms lawyers.’ Bernard has served as a member of the Council of the Business Law Section of the International Bar Association.

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Jones Day (Sydney)
Jones Day (Mexico)
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Videos

Bernard Amory (Jones Day)
Bernard Amory 14 June 2019 Paris

Articles

7665 Bulletin

Alexandre G. Verheyden, Geoffroy Van De Walle, Bernard Amory, Ryan C. Thomas, Craig A. Waldman, Yizhe Zhang The EU Commission proposes a chip act to confront semiconductor shortages and strengthen Europe’s technological leadership

330

In Short The Background: The recent semiconductor shortage, COVID-related supply chain disruptions, and trade tensions have exposed the European Union’s ("EU") dependency on chips made in other continents. The Development: The European Commission ("EC") has proposed legislation—the EU Chips (...)

Bernard Amory, Dr. Jürgen Beninca, Laurent de Muyter, Geoffroy Van De Walle, Alexandre G. Verheyden, Craig A. Waldman The EU Court of Justice annuls a Commission’s landmark decision fining a semiconductor company €1.06 billion for abuse of dominant position (Intel)

289

The EU General Court ("GC") annulled the European Commission’s €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty rebates to customers, excluding competitors such as AMD. The GC held that (...)

Françoise Labrousse, Bernard Amory, Renato Antonini, Charles de Navacelle, Kaarli Harry Eichhorn, Eva Monard The EU Commission adopts a proposal for a regulation on foreign subsidies that might be distorting the internal market

363

In Short The Situation: The European Commission ("Commission") has faced significant pressure from stakeholders to quickly address growing concerns over the distortive effects of foreign subsidies and to ensure a level playing field in the EU. The Result: As anticipated in our recent Alert, (...)

Laurent de Muyter, Bernard Amory, Alexandre G. Verheyden, Yvan N. Desmedt, Eric Barbier de la Serre, Craig A. Waldman, Jörg Hladjk, Undine Von Diemar, Matt Evans The EU Commission unveils sweeping proposals to regulate the digital sector

131

In Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)

Bernard Amory, Laurent de Muyter Telecom & concerted practices: an overview of EU and national case law

712

From the very beginning of liberalization of the electronic communications sector in the 1990’s, competition law has played a key role, in particular by adopting decisions and legislation based on Article 106 of the Treaty on the Functioning of the European Union (“TFEU”) combined with Articles 101 and 102 TFEU. Today, the sector specific rules that regulate the electronic communications sector are still largely built on competition law concepts such as market definition, significant market position, and remedies.

Alexandre G. Verheyden, Bernard Amory, Dr. Jürgen Beninca, Laurent de Muyter The EU Court of Justice annuls the General Court’s ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)

538

What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)

Bernard Amory, Cecelia Kye, Charlotte Breuvart The EU Court of Justice upholds use of evidence from a national authority other than a member state competition authority (Pacific Fruit)

211

The European Court of Justice ("CoJ") has upheld the European Commission’s use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April 27, 2017, that the national authority properly transmitted such (...)

Alexandre G. Verheyden, Bernard Amory, Yvan N. Desmedt The EU Commission adopts revised safe harbor rules for minor agreements and provides guidance on "by object" restrictions of competition

336

The European Commission has published revised safe harbor rules for agreements that are not deemed to appreciably restrict competition. This is the so-called "De Minimis Notice," the first version of which dates back to 2001. At the same time, the Commission also published guidance on the (...)

Bernard Amory The EU Court of Justice upholds the Commission’s first withdrawal of immunity for cartel whistleblower but finds the General Court failed to timely adjudicate (Deltafina / FLS Plast)

439

The European Court of Justice has upheld a €30 million fine against cartel whistleblower Deltafina, which was imposed following the withdrawal of Deltafina’s conditional immunity as a result of the breach of its duty to cooperate under the European Commission’s leniency program. This ruling (...)

Bernard Amory, Hiromitsu Miyakawa, John M. Majoras, Peter J. Wang, Ryan C. Thomas The US District Court for the Northern District of California returns verdicts in the rare price-fixing trial of global liquid-crystal displays conspiracy (AU Optronics)

277

Companies and individuals that are accused of price-fixing rarely go to trial. Indeed, in the last 10 years, no corporate defendant (and only a handful of individuals) has elected to litigate an international criminal cartel case in a U.S. court. The vast majority of cases are resolved through (...)

Bernard Amory, Eric Morgan de Rivery, Johannes Zöttl The EU Court of Justice Advocate General Mazak recommends that prohibition on internet sales be considered as a per se infringement (Pierre Fabre)

508

On March 3, 2011, Advocate General (AG) Mazák delivered an opinion to the European Court of Justice (ECJ) in Pierre Fabre Dermo-Cosmétique SAS (PFDC). PFDC, a French manufacturer of cosmetics and personal care products, prohibited its retailers from selling via the Internet. AG Mazák advised the (...)

Alexandre G. Verheyden, Bernard Amory, Carsten Gromotke, Joe Sims, Philip A. Proger, Stefano Macchi di Cellere, Tom D. Smith The European Commission adopts a new Leniency Notice

566

The detection and punishment of illegal cartels are at the top of the European Commission’s enforcement agenda. In 2001, the Commission meted out record fines in cartel cases totaling $ 1.6 billion, eclipsing the U.S. single-year record of $ 1.1 billion. Historically, the Commission’s fabled « (...)

2693 Review

Bernard Amory, Charles de Navacelle, Henry de la Barre d’Erquelinnes, Simon J. Evenett Beyond Alstom-Siemens: Is there a need to revise competition law goals? (New Frontiers of Antitrust - Paris, June 14th, 2019)

958

The present contributions were gathered following up the 10th edition of the “New Frontiers of Antitrust” annual Concurrences review Conference held in Paris on June 14th, 2019, at the French Ministry of Economy and Finance. The discussions revolved around four topics. The members of the first (...)

Andrea Lofaro, Bernard Amory, Jan Peter van der Veer, Laurent de Muyter Opening competition in protected sectors: Should new entrants be protected? (New Frontiers of Antitrust, Paris, 22 February 2013)

752

This first roundtable of the conference “New frontiers of Antitrust”, Paris, 22th of February 2013, was dedicated to « Opening competition in protected sectors: Should new entrants be protected?». Bernard Amory and Laurent de Muyter, authors of the first contribution, provide some thoughts on the (...)

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