University of Paris I Panthéon-Sorbonne

Catherine Prieto

University of Paris I Panthéon-Sorbonne

Member of French Competition Authority since March 19th, 2019, Catherine Prieto is Professor of Law (1995) at the Ecole de droit de la Sorbonne, University Paris 1 Panthéon-Sorbonne. She was previously Professor at University Paul Cezanne Aix-Marseille where she was Vice-Dean (1999), then Vice-President (2002-2005). She lectures in competition law and in European market law. She is co-author of several books and papers on European competition law, European single market law and European contract law. She regularly publishes commentaries on ECJ cases concerning competition law and free movement for services and establishment in several legal reviews. She is co-editor of the Revue trimestrielle de droit européen (Dalloz). Her consulting activities focus on antitrust law and the EU single market. She is one of the founding members of the European network of legal experts Trans Europe Experts (TEE).

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


263946 Review

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 Competition Law and Antitrust: A Global Guide, David J. GERBER


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 Antitrust and Competition Laws, Barry E. HAWK


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, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cécile Rameau, Josep M. Carpi Badia, Étienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier da Silveira, Fatma El-Zahraa Adel The integration of public interest considerations in the application of competition rules (26 Nov 2020)


The integration of public interest considerations is not only desirable, but possible because of the permeability of the competition rules to the reception of well-being by the competitive parameters of quality, choice and innovation in addition to that of price. The scope for progress depends (...)

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 (...)

Caroline Bellone-Closset, Catherine Prieto, Daniel Fasquelle, Jean-Christophe Grall, Julia Xoudis, Juliette Théry, Léna Sersiron, Marie-Alice Fasquelle-Leonetti, Romain Travade Agriculture and competition law, towards reconciliation?


What was implicit, and has been established in November 2017 by the Court of Justice in the judgment on endives, has been specifically laid down by the European legislator in the omnibus regulation of December 2017: the prohibition on cartels does not apply to producer organizations and (...)

Catherine Prieto, Florian Wagner-von Papp, Frank Kroes, Jens-Uwe Franck, Marcella Negri Binding effect of decisions of national authorities (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)


Article 9 of the Damages Directive requires Member States to ensure that an infringement of competition law found by a final decision of a national competition authority is deemed to be irrefutably established for the purposes of an action for damages brought before their national courts. (...)

Catherine Prieto, Florian Wagner-von Papp, Frank Kroes, Marcella Negri, Oliver Remien Limitation periods (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)


Limitation periods could imperil the enforcement of competition damage claims and in the footsteps of the Manfredi case of the ECJ artt. 10, 11 and 18 of the Damages Directive therefore give complex rules on this issue. France, Germany, Italy, the Netherlands and the United Kingdom have (...)

Catherine Prieto, Cristoforo Osti, Florian Wagner-von Papp, Frank Kroes, Thomas B. Paul Effect of consensual settlements on subsequent damages actions (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)


Hand in hand with an ever-growing amount of cartel damage litigation all across Europe, settlements have become an increasingly important tool for resolving private competition law disputes. However, while the majority of disputes concern infringements committed jointly by more than one party, (...)

Catherine Prieto Tax rulings coping with the prohibition of state aids


This article is a tribute to the memory of Professor Philippe Neau-Leduc. It suggests that the application of State aid law to tax rulings does not disturb tax law, but reveals a convergence of objectives and gives an impetus to a better and stronger European construction. 1. International (...)

Catherine Prieto Comparative Competition Law


Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by (...)

Catherine Prieto Representative action: Are we there yet?


We are used to shilly-shallying about representative action from French governments. European Commission’s procrastination is more surprising but results from discordance of opinions between Commissioners. Facing strong opposition from DG Justice, DG Competition moved backward in the recent (...)

Catherine Prieto Market Power in EU Antitrust Law


The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101 (1) TFEU, ex Article 81(1) TEC), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) (...)

Catherine Prieto More Common Ground for International Competition Law?


In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of the most topical issues by asking (...)

Catherine Prieto, Laurent Flochel, Peter Eberl, Thibaud Vergé Conference - Reform of vertical distribution - Roundtable I : A stronger economic analysis : Market power, efficiency gains... What changes for the new approach? (Paris, 27 May 2010)


This first roundtable of the conference “Reform of vertical distribution”, Paris, 27 may 2010, is dedicated to the role of economic analysis. The economists insist that the reform is a mere update of the vertical guidelines rather than a massive change with regard to economic analysis. It is (...)

Catherine Prieto Technology and competition, Technologie et concurrence


The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating (...)

Catherine Prieto Droit européen de la concurrence


Competition law occupies an essential place in economic life. However, it often remains little known, perhaps because of its Anglo-Saxon origin. Competition rules apply at all stages of a company’s life: conclusion of agreements, mergers and acquisitions, definition of strategies by major (...)

Catherine Prieto Settlements, commitments and other novel instruments


Over the past decade, EC competition law has undergone a range of substantive reforms. Though most of the legal and economic issues arising from their implementation have now been settled, a new wave of reforms has just been passed. These reforms, which will significantly remould the (...)

Alain Ménéménis, Arnaud Nuyts, Catherine Kessedjian, Catherine Prieto, Christophe Lapp, Claire Favre, Denis Mazeaud, Emmanuelle Claudel, Frederic Jenny, Hélène Gaudemet-Tallon, Jean-Louis Fourgoux, Jean-Marc Kiviatkowski, Joelle Simon, Laurence Idot, Louis Vogel, Marie-Laure Niboyet, Michael Wilderspin, Rainer Becker, Soraya Amrani-Mekki, Yves Gaudemet Conference: The EC White Book on competition private enforcement (Paris, 13 06 2008)


Whereas in the enforcement system of Articles 81 and 82 EC resulting from Regulation No 17/62, it was usual to distinguish between the application of these texts, on the one hand, by the Commission and, on the other hand, by the national authorities and courts, which led to a preference for a (...)

Catherine Prieto Private enforcement: The US approach


What could we learn from the American experience in private enforcement with its strong and weak aspects? The answer is troublesome as bias and caricature are often prevailing in France as well as in the United States. As a matter of fact, this experience is not easy to grasp because of the (...)

Catherine Prieto Criteria of dominant position - Procurement contract: The French Competition Council holds that being a precedent contracting party in the negociations of a new procurement contract is not enough to characterize domination (Nantaise des eaux)


Const. dec. 08-D-24 of October 22, 2008, regarding a referral concerning the leasing of the water and sewerage distribution system in Saint-Jean-d’Angely. The Nantaise des eaux company complained to the Competition Council about predatory pricing by the SAUR company during the award in 2004 (...)

Catherine Prieto Essential facilities: The French Competition Council accepts modified commitments from France Telecom after disparagement of its competitor and retaliatory measures against its clients (France Télécom)


Cons. conc. dec. no. 08-D-21 of October 7, 2008 relating to practices implemented by France Telecom on the market for engineering, consulting and technical control of telephone installations in the private sector. It will be remembered that Solutel had lodged a complaint against France (...)

Catherine Prieto Droit et économie des contrats


The present work is a priori far removed from competition law. In fact, it is useful for competition law practitioners and academics to look at the cross-examination of lawyers and economists on the contract, a legal instrument at the heart of the competitive analysis and its temperament (...)

Catherine Prieto Predatory pricing: The Court of Cassation quashes the Paris Court of Appeal’s decision on the incremental costs analysis in the Vendee sea crossing with express passenger boats (Vedettes inter-îles vendéennes)


Cass. com, 17 June 2008, Vedettes inter-îles vendéennes (VIIV), n° 05-17.566 The Court of Cassation censured the decision of the Paris Court of Appeal in the case of the Vendean speedboat l’Amporelle operated by a departmental public industrial and commercial establishment (CA Paris, 1st ch. (...)

Catherine Prieto Exclusive distribution - Bundling: The French Competition Council decides that, as exclusivity and bundling abuses are not characterized in the catch up TV partnership, the definition of relevant markets in a budding sector is useless (Catch-up TV)


Cons. conc. dec. no. 08-D-10 of May 7, 2008 relating to practices implemented by France Telecom and France Télévisions in the catch-up television sector The French Association of Telecommunications Network and Service Operators (AFORST), composed of Neuf Cegetel, SFR, Telecom Italia, (...)

Catherine Prieto Fidelity rebates: The Paris Court of Appeal upholds qualification of collective entity of the duopoly Lafarge/Vicat and anticompetitive effect of fidelity rebates according to the quantities required but reduces fines (Corsican Cement)


CA Paris, 1st ch. H, May 6, 2008, Lafarge Ciments SA and others.v. Council, Dec. No. 07-D-08 of 12 March 2007, "Ciment Corse". 25 million, the Competition Council had condemned the two cement manufacturers and their distributors for partitioning the supply market in Corsica to the detriment (...)

Catherine Prieto Discriminatory abuses: The French Competition Council rules out alleged discriminatory abuses in exclusive distribution agreements with duty free retailers (Aéroports de Paris)


Concordant Consensus, Dec. 08-D-05 of 27 March 2008, relating to practices implemented in the sector of bonded trade in Paris airports Aéroports de Paris (ADP) concessionaires are not very lucky when they claim abuse of a dominant position. One recalls the Lys de France case, in which the (...)

Catherine Prieto Abuse of dominant position : The Court of Cassation upholds that a mere offer reveals an existing market and that a threat of retaliation is an abuse (Syndicat des Eaux d’Île de France, SEDIF)


Cass. com, November 20, 2007, Syndicat des Eaux d’Île de France, SEDIF, n° 06-20.262 The condemnation of Lyonnaise des Eaux and SEDIF by the Competition Council had drawn attention to the particular situation of water supply in Ile-de-France (dec. No. 05-D-58 of 3 November 2005 relating to (...)

Catherine Prieto Boycott: The French Competition Council condemns exclusionary abuses from an economic interest group of cinema owners on its competitors in exerting pressure on distributors in order to obstain exclusivity on certain films (GIE Ciné Alpes)


Conc. dec. no. 07-D-44 of December 11, 2007 relating to practices implemented by the Ciné Alpes GIE. The French Competition Council has already taken an interest in the cinema sector with regard to the code of good conduct on cinema promotional policies in a case in which pressure on (...)

Catherine Prieto Pharmaceutical distribution - Remedies: The French Competition Council accepts commitments from pharmaceutical laboratories about their supply system on quotas for wholesale distributors (GlaxoSmithKline - Pfizer)


Conc. conc. dec. no. 07-D-45 of December 13, 2007 on practices in the pharmaceutical distribution sector (Pfizer) Conc. conc. dec. no. 07-D-46 of December 13, 2007 on practices in the pharmaceutical distribution sector (GlaxoSmithKline) The two largest pharmaceutical companies in terms of (...)

Catherine Prieto Discriminatory refusal to access to a group - Commitments: The Paris Court of Appeal confirms the commitments undertaken by a group of local radios to modify access conditions to their advertising programs (Canal 9/GIE Les Indépendants)


CA Paris, 1st ch. H, 6 November 2006, Canal 9/GIE Les Indépendantsv. Council, Dec. No. 06-D-08 of 6 October 2006 It is known that local radio stations are only of interest to national advertisers if they are grouped together. The vocation of GIE Les Indépendants is therefore to market (...)

Catherine Prieto Exclusionary practice: The Court of Cassation upholds France Telecom’s exclusionary abuses on high-speed internet access market in referring to essential facilities (France Telecom)


Cass. com, October 23, 2007, France Telecom, n° 06-17.852 It should be recalled that France Telecom was convicted, following a complaint by Neuf Telecom, solely on the basis of article L. 420-2 of the French Commercial Code, for practices from 1999 to 2002 in the broadband Internet sector (...)

Catherine Prieto Discrimination - Disparagement: The French Competition Council condemns the telecommunication incumbent’s exclusionary abuses on high-speed internet access market in discriminatory abuses, commercial disparagement, misuse of commercial informations, due to its special responsability as incumbent operator (France Telecom)


Concordant Consent, Dec. 07-D-33 of October 15, 2007 relating to practices implemented by France Telecom in the broadband Internet access sector. The Competition Council condemns France Telecom, this time on the dual basis of Articles L. 420-2 C. com. and 82 EC, for abusive practices during (...)

Catherine Prieto The Microsoft Saga: The Court of First Instance upholds the Commission’s finding that Microsoft had abused its dominant position in the PC operating system market (Microsoft)


CFI, 17 September 2007, Microsoft v Commission, Case T-201/04 This judgment was expected in many respects (L. Idot, Comment mettre fin à une superdominance ?, Europe oct. 2007, focus; M. Debroux, Vers une banalisation de la propriété intellectuelle dans l’analyse d’abus de dominance ?, (...)

Catherine Prieto Excessive fees: The CFI holds that requirement of fees covering the amount of packaged products with logo despite the proof of partial services delivered by competitors demonstrates both an abusive exploitation of customers and a barrier to entry (Grüne Punkt)


CFI, 24 May 2007, Der Grüne Punkt - Duales System Deutschland GmbH v Commission, Case T-151/01 The Court of First Instance dismisses the action brought against the Commission’s conviction decision (Dec. 2001/463/EC of 20 April 2001, DSD, Case COMP34493, OJ 2001 No L. 166). In the context of (...)

Catherine Prieto Fidelity rebates: The ECJ holds abusive the discounts system granted not only for tickets sold once the sales target is achieved, but also for tickets sold before (British Airways/Virgin)


ECJ, 15 March 2007, British Airways v. Commission and Virgin Atlantic Airways, case C-95/04 P By the present judgment, the Court of Justice dismisses the action brought against the judgment of the Court of First Instance which had itself dismissed the action against the Commission decision (...)

Catherine Prieto Assessment of dominance: The Paris Court of Appeal blames the French Competition Council for bad assessment of dominance based on global sales instead of sales in the relevant market (Distribution of chemical facilities)


CA Paris, 1st ch. H, March 13, 2007v. Council, Dec. No. 06-D-12 of June 6, 2006, "distribution of chemical commodities"... The Brenntag case highlights the debates on the criteria for qualifying a dominant position. It will be recalled that the Competition Council had rejected this (...)

Catherine Prieto Collective dominance: The French Competition Council holds that collective dominance is characterised by structural links and oligopoly interdependance led to abusive fidelity rebates Corsica cement


Cons. conc. dec. no. 07-D-08 of 12 March 2007 relating to practices implemented in the cement supply and distribution sector in Corsica The case of the supply of concrete to Corsica deserves attention not only because it reveals a particularly pernicious cartel, but also because an abuse of (...)

Catherine Prieto Cancelling option: The French Competition Council holds that Sony France could behave independently of its competitors during the launching period of Playstation 2 (Video Games sector)


Conc. conc. dec. no. 07-D-06 of February 28, 2007 on practices implemented in the game consoles and video games sector The Competition Council retains the specificity of the market for static consoles, which is characterised by the rapid pace of innovation. This is why a dominant position (...)

Catherine Prieto Discriminatory access: The French Competition Council fines a discriminatory access to radiographic equipment while excluding the essential facilities doctrine (Imagerie Médicale du Nivolet)


Conc. dec. 06-D-36 of 6 December 2006 on practices implemented by civil society in the field of Medical Imaging of the Nivolet. A private practice company of radiologists practicing in Chambéry complained about the restrictive conditions for access to CT and MRI examinations, imposed by the (...)

Catherine Prieto Spare parts: The French Competition Council considers that refusals to supply spare parts are not established on the inverters maintenance market limited to a single brand (Maintenance des onduleurs)


Const. conc. dec. no. 06-D-35 of 21 November 2006 on practices implemented in the inverter maintenance sector The Minister of the Economy and Finance has referred to the Competition Council any conduct by MGE that could be qualified as anti-competitive under Article L. 420-2 of the French (...)

Catherine Prieto Excessive price of insurance premium: The French Competition Council holds that price insurance premium for foetus scan activity does not result from an abuse of dominant position (ARCM)


Conc. conc. dec. no. 06-D-34 of 9 November 2006 relating to referrals in the field of medical civil liability insurance The Competition Council was seized of a complaint alleging that the Groupe des Assurances Mutuelles Médicales had abused its dominant position on the medical civil (...)

Catherine Prieto Collective dominant position: The French Competition Council explains that collective dominant position is established by legal links appreciated through market transparency, sustainable tacit coordination and non contestable market (Bituminous material - Ardennes)


Collective dominance is established on the basis of structural links assessed through market transparency, lasting tacit coordination and the absence of contestability of the market Cons. conc., dec. n° 06-D-02 of 20 February 2006 relating to practices noted in the road works sector linked (...)

Catherine Prieto Cross-subsiding: The French Competition Council holds that the public operator entitled with a legal monopoly has a special duty of prudence and transparency (La Poste)


Cons. conc., Dec. No 05-D-63 of 17 November 2005 relating, on the one hand, to practices implemented by La Poste and some of its subsidiaries in the mail processing sector and, on the other hand, to practices alleged against La Poste and some mail preparation firms in the mail preparation (...)

Catherine Prieto Refusal to deal - Essential facility: The French Competition Council considers that the public operator has a special responsibility in the process towards new competition and may not hinder new technologies and services (France Telecom - Internet haut débit)


Conc. dec. no. 05-D-59 of November 7, 2005 relating to implementation practices by France Telecom in the broadband Internet sector France Télécom is ordered to pay €80 million for abuse of a dominant position on the wholesale market for high-speed internet access (ADSL). This sentence (...)

Catherine Prieto Licence: The French Competition Council forces Yvert et Tellier to grant a license for the restricted purpose of allowing its competitors to make correspondence tables (Yvert & Tellier)


Conciliation Committee, Procedural Communiqué of March 11, 2005, Proposed Commitments by Yvert & Tellier The new commitment procedure will soon have gained ground on the refusal to contract, which fosters a strong tension between intellectual property and free competition. The Microsoft (...)

Catherine Prieto Authors: The French Competition Council receives commitments from the SACD to allow authors to confer it the management of only some categories of rights (SACD)


How can we remain faithful to Beaumarchais and adapt copyright protection to the new economic and technological situation? (...) The foundations of the Société des Auteurs et Compositeurs Dramatiques (SACD) were laid in 1777 by Beaumarchais, who was cheated out of a remuneration commensurate (...)



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