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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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. (...)

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 (...)

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, (...)

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 (...)

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 (...)

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 (...)

Compensation for victims of antitrust violations is still underdeveloped in France in comparison with the situation in United Kingdom, Netherlands and Germany. Unfortunately, this new type of civil litigation can only worsen the existing courts congestion. For reasons of economy of procedure (...)

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 (...)

Interview conducted by Catherine Prieto, Université Panthéon-Sorbonne (Paris I). 1. The new priority constitutionality question procedure increasingly leads the Constitutional Council to rule more and more frequently on complaints of unconstitutionality raised by economic operators. Does (...)

Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning (...)

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 (...)

Competition law and policy are the only areas in which the European Commission in Brussels can decide on its own on the actions to be taken by Member States, companies and consumers. Conceived in the 1950s as an instrument of intervention to combat the abuse of economic power by the large (...)

This set of three papers is derived from the training session organized by the Concurrences Review that was held on 10th July 2012 in Paris. The contributions examine the case of multiple notifications in the context of merger control rules. Concentrations: How to manage multiple (...)

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) (...)

The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to (...)

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 (...)

Every year, top-level market regulators, academics and legal practitioners attend the Annual Competition Workshop organised at the European University Institute in Florence. The speakers are invited to discuss a particular set of critical issues in the field of competition law and policy. The (...)

The adoption of sanctions Guidelines by the French Competition Authority on 16 May 2011 marks the renewal of the how soft law is viewed in France. The sanctions Guidelines are also an opportunity to better assess the exact scope of the principle of procedural autonomy, which must be (...)

Faced with increasing competition, pharmaceutical companies, whether manufacturers of originator or generic drugs, are today engaged in a veritable trade war. All legal tools (intellectual property rights, contract law, data protection, etc.) are being exploited by companies in order to (...)

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 (...)

Over the last ten years, antitrust rules governing vertical agreements have undergone thorough reform. In the EC, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have (...)

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 (...)

The prohibition of cartels is a fundamental element of French and Community competition law. Cartels are detrimental to the general interest, in particular by leading to price increases. The European Commission and the Competition Authority certainly have significant means at their disposal to (...)

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 (...)

This concise casebook on modernized European competition law has a strong US-comparative component. It stresses analysis of anticompetitive effects, rules and principles, and the linkages among competition regulation, the state, the European Community, and the world. Coverage includes the (...)

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 (...)

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 (...)

Considering the important number of contributions, the papers of this conference are reproduced in the pdf version attached only. Please note that these papers are also freely available for non-subscribers at the "Conference" section of the website.

Const. conc. dec. no. 08-D-27 of November 20, 2008 relating to practices implemented by Total France on the market for the marketing of refined petroleum products in the South of France It will be recalled that in the control of the Total-Fina/Elf merger, these notifying undertakings had (...)

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 (...)

This first session of the Vertical Restrictions Conference explores the limits of the application of competition law to vertical arrangements and in particular the case law relating to the concept of agreement under Article 81 or other national competition law provisions, the case law on (...)

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 (...)

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 (...)

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 (...)

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. (...)

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, (...)

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 (...)

CA Paris, 1st ch. H, April 2, 2008, SFR and France Telecomon referral back after cassation of the judgment on Cons. conc. 04-D-48 The Paris Court of Appeal ruled once again on the conviction of France Telecom and SFR for a pricing practice described as "margin squeeze". Initially, the (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 ?, (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

The Competition Council establishes the existence of abusive exclusivity clauses in the labelling business Conc. decree n° 06-D-06 of 17 March 2006 relating to practices implemented in the tourist accommodation sector in rural lodgings and bed and breakfasts The Fédération nationale des (...)

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 (...)

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 (...)

The Competition Council, at the request of the Tribunal de grande instance de Paris, unexpectedly recognises the market power of an equipment supplier vis-à-vis car manufacturers. Conc. conc. opinion no. 05-A-20 of November 9, 2005 relating to a request presented by the Paris Regional (...)

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 (...)

Leniency programs are now a well established and efficient policies through Europe, both at the EU level and at the national levels. In this sery of 5 articles, EU and national policy officers, academics and practionners give various points of view on the use of lenieny programs in the EU (...)

Cons. conc. dec. no. 05-D-44 of 21 July 2005 relating to practices implemented by the La Provence Group in the advertising sector in the regional daily press in Marseille. Following a complaint from a movie theater operator in Marseille, the La Provence Group was condemned, on the basis of (...)

See the ruling of the Court of appeal: Dominique Ferré, Tying: The Paris Court of Appeal rules on the anticompetitive effect of tying discounts in the pharmaceutical sector (Novartis Pharma / Laboratoires Sandoz), Concurrences, N° 1-2004, n°26850, www.concurrences.com Cass. com, June 28, (...)

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 (...)

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 (...)

Cons. conc. dec. no. 04-D-65 of 30 November 2004 on practices implemented by the Post Office in the context of its commercial contract Loyalty is stigmatized in competition law. Such a unilateral practice is generally considered excessive when it emanates from a company in a dominant (...)

EC Commission, 24 March 2004, Microsoft, "Windows 2000", Case COMP/C-3/37.792 US Court of Appeal (District of Columbia Circuit), 28 June 2001, USA v. Microsoft, 253 F. 3d 34, 85, D.C. Cir.2001 The debate on competition policy in the field of intellectual property increased in early 2004 in (...)