David Bosco

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 (...)

Case 2 illustrates the practices of an electronics manufacturer who is organizing his distribution network and is interessed in e-commerce to sell his products; The case was studied in the scope of the EU, French, German, US and Japanese competition laws. An economist and the legal director of (...)

Karounga Diawara, a professor at Laval University (Quebec City), is well known to readers of this journal for his excellent columns on Canadian law in the European and Foreign Jurisprudence section. In December 2015, the author published a fascinating book entitled Droit de la concurrence - (...)

The EU judicial review of the Commission’s decisions generates an abundant case law. This Trends aims to clarify the major difficulties that arise from the concept of "unlimited jurisdiction" and that manifest themselves both at the level of the control standard to which the Commission’s (...)

16th April 2014, The European Parliament adopted the Proposal for a Directive of 11th June 2013 on certain rules governing actions for damages for infringements of the competition law provisions (one of the private enforcement components). The text bodes for the long-awaited developement of (...)

The authors of this Trends focus on several decisions delivered in the United States and in Europe, related to pay-for-delay settlements in the pharmaceutical sector. This type of settlements has spread in the past few years, and aim to postpone the arrival of generics on the market, with (...)

The second roundtable of the conference held in Caen, the 4th October 2013 was dedicated to the implementation difficulties of Regulation n° 330/2010. David Bosco and Alain Gauvin study the general conditions of the exemption. For Mr Gauvin, the aim is to review post-contract provisions, (...)

In the Eurotunnel case, the analysis conducted in parallel by the French Competition Authority and the Competition Commission on the merger between Eurotunnel and SeaFrance’s assets, brought to divergent outcomes. This case gives the opportunity to discuss about the European approach to (...)

The "reasonably-efficient operator test" is a general test used for pricing strategies of dominant firms by the European Commission. Contributions of this "Trends" present this test in various areas of competition law. The importance of this test has recently been underlined by the Court of (...)

The French Competition Authority has been given a new power by the legislator: it can order structural injunctions when the price conditions charged by a dominant undertaking are unusually high on the French overseas territories. Clearly, this legal instrument is sui generis in France. It is (...)

Nowadays, commitments decisions of the competition authorities are, most of the time, preceded by a consultation of third parties. These "market tests" have become a central step of the antitrust procedure and merger control. The authors of this Tendances present their experience in using this (...)

The French leniency program has been in effect for over a decade, as in the Netherlands. Yet, some issues concerning the application of these original procedures still remain. What is, in practice, their role in the fight against secret cartels? Which requirements of cooperation burden on (...)

The e-book market is quite remarkable. The distribution’s economic models of this singular property are original and very different from one system to another. The U.S. and European litigations around the Apple’s practices and publishers, as well that the French law on the e-book price’s (...)

This set of articles explores the case of breach of commitments in competition proceedings. Recent cases, in France and abroad, have highlited issues that commitments monitoring may cause. Thierry Dahan and Christophe Lemaire express here the lawyers general point of view in antitrust law, (...)

Ce Tendances revient sur le débat qu’a ravivé l’affaire Aer Lingus/Ryanair autour du traitement des participations minoritaires dans le contrôle des concentrations. La difficulté principale tient dans le point de savoir si, et dans quelle mesure, le droit des concentrations doit s’appliquer (...)

The papers gathered in this section provide various points of views on the notion of effect on commerce between member States in EU law, with some US point of view. Professor David Bosco in a brief introduction focuses on the evolution of the notion. According to Irene Luc, Chief legal officer (...)

The French legislator has specialized in 2005 and in 2009 the judicial disputes in antitrust and restrictive pratices cases. This article goes back to the legal reasons behind the current failure of the planned system. 1. Do we really want, today in France, this judicial specialisation in (...)

Many recent cases, such as the Lafarge case in Europe or, in France, the Orange Caraïbe case, have shown how important is the question of repeated infringements when defining the amount of the fine in antitrust cases. Nevertheless, legal treatment of repeated infringements is still quite (...)

This contribution deals with the severity of competition authorities towards exclusive arrangements, in the abuses of dominant position control, through two examples. The exclusivity of membership is not forbidden in itself but the comparison of several cases shows that it is very difficult to (...)