University Paris-Panthéon-Assas

Emmanuelle Claudel

University Paris-Panthéon-Assas

Emmanuelle Claudel, a law professor at the University of Paris II Panthéon Assas, teaches competition law, European law of contracts, consumer protection and corporations. Since her PhD, her research has focused on anticompetitive conduct and its sanctions. She published numerous articles and chronicles on competition law and together with other authors, she published the book "The Enforcement of Anticompetitive Conduct Laws in France" (LDGJ 2008). She is also a consultant and a member of the executive committee of the French Association of Competition Law Research (AFEC). She was a co-author of the Concurrences Chronicle on anticompetitive conduct from 2005 to 2008.

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University Paris-Panthéon-Assas
Tera Consultants (Paris)
University Paris-Panthéon-Assas
University Paris-Panthéon-Assas
University Paris-Panthéon-Assas


Emmanuelle Claudel (Université Paris II Panthéon-Assas)
Emmanuelle Claudel 3 February 2020 Paris
Emmanuelle Claudel (Université Paris II Panthéon-Assas)
Emmanuelle Claudel 29 March 2018 Paris


324084 Review

Emmanuelle Claudel, Nicolas Ferrier, Patrice Bougette, Frédéric Marty, Florence Ninane, Noemie Bomble, Irène Luc, Andreas Mundt, Olivier Guersent, Marion Carbo, Charlotte Colin-Dubuisson, Sima Ostrovsky, David-Julien dos Santos Goncalves Perspectives on the proposed reform of the Vertical Restraints Regulation and its Guidelines


The On-Topic aims to present a range of views on the European Commission’s proposed reform of the Vertical Restraints Regulation and its Guidelines. The contributors are representatives of the European Commission and competition authorities, practitioners, legal researchers and economists. (...)

Emmanuelle Claudel The late principle of procedural autonomy?


Ensuring the consistency of procedural rules in competition law is presented as the major task for the coming years. The heterogeneity of national rules allowed by the principle of procedural autonomy is denounced as a source of disharmony. The principle of procedural autonomy, which is (...)

Anne Outin-Adam, Claire Favre, Emmanuelle Claudel, Irène Luc The competition between institutions and civil actions : What articulation is optimal? (Antitrust damages actions in France and in Europe : Current situation and upcoming changements, Paris, 13 May 2014)


Many institutions are interested in the civil actions of anticompetitive practices. The question of their optimal articulation is particularly sensitive and requires different answers depending on whether the civil action comes after the litigation before the Competition Authority or stands (...)

Emmanuelle Claudel The amicus curiae procedure: European and French practice


Today, judges are invited to fully play their role in disputes involving anticompetitive practices, particularly in order to ensure compensation of the victims of such practices. Although they may be specialised judges, they may find themselves powerless when faced with the complexity of 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 (...)

Emmanuelle Claudel Compliance - Civil sanctions: The French Competition Council welcomes the compliance and indirectly takes part to the discussion concerning civil sanctions in case of anticompetitive practices (Entretien courant des locaux)


Conc. conc. dec. no. 08-D-13 of June 11, 2008, relating to practices identified in the routine maintenance of premises Beyond the facts, which are classic in that they reveal once again an agreement between bidders in calls for tenders, the commented decision is of interest. Following an (...)

Emmanuelle Claudel Price fixing - Leniency: The French Competition Council confirms the duality of the standard of proof in case of anticompetitive meetings and puts into force for the 3rd time its leniency program (Production du contreplaqué)


Conc. conc. dec. no. 08-D-12 of 21 May 2008 on practices in the plywood production sector The lengthy commented decision (57 pages) is of twofold interest. The first is to specify the standard of proof of a horizontal price cartel, in particular in the presence of meetings; the second is to (...)

Emmanuelle Claudel Trade associations: The Paris Court of Appeal confirms that trade associations shall not affect the freedom of their members to fix independently their prices (Leg Prosthesis)


CA Paris, 1st ch. H, January 29, 2008, UFOPv. Council, Dec. No. 07-D-05 of February 21, 2007, Supply of Orthotics The judgment of 29 January 2008 is an opportunity to recall the limits assigned to the professional organisations in their relations with their members (on this question, V. H. (...)

Emmanuelle Claudel Concerted refusal to tender: The French Competition Council condemns an agreement to boycott a call for tenders (Biotronik, Ela Medical, Guidant, Medtronik...)


Const. conc. dec. no. 07-D-49 of December 19, 2007 relating to practices implemented by Biotronik, Ela Medical, Guidant, Medtronik and Saint Jude Medical in the context of the supply of hospitals with implantable cardiac defibrillators (ICDs). The procurement cartel cases follow one another (...)

Emmanuelle Claudel Horizontal agreements: The French Competition Council condemns an agreement in the international removals sector and line up the standard of proof in case of secret meetings to the European standard (National & international moving market)


Conc. conc. dec. no. 07-D-48 of 18 December 2007 on practices implemented in the national and international removals industry This case is of course interesting in that it is the second case in which the leniency rules have been applied (on this aspect of the case, see the Procedures column (...)

Emmanuelle Claudel Price fixing: The French Competition Council condemns professional trade unions for encouraging their members to put aside competition rules (Appels d’offres en matière d’examens anatomo-cyto-pathologiques)


Council Decision No. 07-D-41 of 28 November 2007 on practices opposing the freedom to set prices for services offered to health establishments in connection with invitations to tender for anatomical and pathological examinations. In this decision, the Council sanctions both: a doctors’ (...)

Emmanuelle Claudel Concerted tenders to public and private call for tenders: The French Competition Council condemns concerted tenders to calls for tenders (Waste collecting in Les Vosges district)


Conc. conc. dec. no. 07-D-40 of 23 November 2007 relating to practices that have affected the award of public contracts for the collection of household waste in the Vosges department Here the Council is penalising practices which have consisted of companies which have taken part in public (...)

Emmanuelle Claudel Sanction - Motivation: The Paris Court of Appeal recalls the meaning of the proportionality principle and confirms the sanction in the case of the calculators for use in schools (Carrefour)


CA Paris, 1st ch. H, November 20, 2007, Carrefour Hypermarkets France(on remand after cassation) v. Conciliation Committee, Dec. 03-D-45 September 25, 2003, School Calculators Sector History of the case We recall the case of Calculators for School Use (Decision No. 03-D-45, September 25, (...)

Emmanuelle Claudel Sports TV rights: The French Competition Council pronounces a negative opinion concerning the prolongation of assignment contracts on sports TV rights (Opinion N°07-D-07)


Concordant Consensus, Opinion No. 07-A-07 of 25 July 2007 on the conditions for the exercise of competition in the marketing of sports rights The market for the commercialisation of sports rights is obviously particularly sensitive, given the French people’s enthusiasm for sport, the (...)

Emmanuelle Claudel Professional association: The French Competition Council holds that an anticompetitive agreement within a professional association requires that the parties have agreed to limit their commercial freedom (Secteur du chèque-cinéma)


Council Decision No. 07-D-12 of 28 March 2007 on practices implemented in the cinema voucher sector. The company Loisichèques denounced to the Council the existence of anti-competitive practices implemented by the company EuroPalaces (cinema operator) and the FNCF (National Federation of (...)

Emmanuelle Claudel Evidence of agreement: The French Competition Council sanctions an agreement on prices in the sector of video games, on the sole basis of one executed contract (Consoles de jeux et jeux vidéo)


Conc. conc. dec. no. 07-D-06 of February 28, 2007 on practices implemented in the game consoles and video games sector The arrival of next-generation game consoles is an event that is very much in demand among gaming enthusiasts. Launched in March 2000 in Japan, the Play Station 2 was so (...)

Emmanuelle Claudel Public tenders: The French Competition Council accepts to apply the procedure of absence of challenge to the objections to an horizontal agreement in a tender offer (Déchets en Seine Maritime)


Conc. decree no. 07-D-02 of 23 January 2007 relating to practices that have affected the award of public and private contracts in the waste disposal sector in Seine-Maritime The decision presented here in brief would be of great banality were it not for its procedural singularity. Large (...)

Emmanuelle Claudel Resale and export prohibitions: The French Competition Council condemns a number of horizontal and vertical agreements in the area of cycles and bicycles equipment: the practices are considered serious but with limited effect (Bicycles)


Conc. conc. dec. no. 06-D-37 of 7 December 2006 relating to practices implemented in the sector of distribution of cycles and products for cyclists At the end of a lengthy decision (134 pages), which is now customary for the Board, is sanctioned a series of horizontal and vertical agreements (...)

Emmanuelle Claudel Association’s membership: The French Competition Council accepts the undertakings proposed by the GIE Les indépendants without satisfying the initial plaintiff’s demand (Publicité radiophonique)


Conc. dec. 06-D-29 of 6 October 2006 relating to practices implemented by the GIE Les Indépendants in the radio advertising sector. The commented decision is no doubt indicative of the Council’s approach to the commitment procedure. The matter was referred to the Council following a refusal (...)

Emmanuelle Claudel Economic unit: The French Competition Council holds that advertising groups are autonomous vis-à-vis cinema owners and therefore do not jointly constitute one integrated economic entity to which competition rules do not apply (Advertising in cinemas)


Conc. conc. dec. 06-D-18 of 28 June 2006 on practices in the film advertising sector We will briefly mention this fine decision of the Competition Council of 28 June 2008, which concerns the relations between advertising agencies and cinema exhibitors. This decision mainly concerns (...)

Emmanuelle Claudel Membership of economic interest grouping: The French Competition Council receives undertakings from an economic interest grouping to change its internal rules and information given to radios that want to join the group (Les indépendants)


Cons. conc, Procedural notice, 15 June 2006, GIE "les indépendants". The Competition Council received a complaint from the local radio station Chante France, which claimed to be the victim of a discriminatory practice by the EIG "Les indépendants". The discrimination stemmed from a refusal (...)

Emmanuelle Claudel Resale at a loss: The French Competition Council fines producers of Hi-Fi equipments for misuse of prohibition at a loss regulation (Secteur des vidéocassettes)


Conc. conc. dec. no. 05-D-70 of 19 December 2005 on practices implemented in the pre-recorded videocassette sector In the current context of a recent reform of the threshold for resale below cost (PRS) and a redefinition of the trade cooperation regime, a decision illustrating past abuses in (...)

Emmanuelle Claudel Exchange of information: The French Competition Council scrutinizes exchanges of information in the mobile telephony sector and in the Parisian palaces (Téléphonie mobile - Palaces parisiens)


Conc. dec. no. 05-D-64 of 25 November 2005 on practices implemented on the Parisian palace market Conc. conc. dec. no. 05-D-65 of 30 November 2005 on practices observed in the mobile telephony sector Two cases, a priori very different, deserve to be presented together, as the analyses (...)

Emmanuelle Claudel Boycott: The French Competition Council holds that the professional organisations must limit their role to defending the collective interests of their members (ILEC)


Conc. conc. dec. no. 05-D-33 of 27 June 2005 relating to practices implemented by Ilec. The case takes place in the tense and high-profile context of commercial negotiations. In 1999, Lucie, a purchasing group common to the Leclerc and Système U groups, was created. Ilec (Institut de liaison (...)

Emmanuelle Claudel Various anticompetitive practices: The French Competition Council adopts various decisions against anticompetitive practices (Côte d’Or Roadwork, Somme Department Road planning, Meuse Department public works)


Concordant Consensus, Dec. 05-D-17 of April 27, 2005, on the situation of competition in the roadworks sector in Côte d’Or. Cons. conc. dec. no. 05-D-24 of May 31, 2005, Public contracts for road development in the Somme department Cons. conc. dec. n° 05-D-26 of 9 June 2005 relating to public (...)

Emmanuelle Claudel Commercial cooperation agreements: The Court of Appeal of Paris sets up the conditions of validity of commercial cooperation agreements and of common branding (Sony)


CA Paris, 1st ch. H, October 5, 2004, Sté Concurrence, contre déc, No. 01-D-49 Brief mention should be made of this case, in which the Paris Court of Appeal validated the clauses of the commercial cooperation agreements signed by Sony with the company Competition, which distributes its (...)

Emmanuelle Claudel Specific commercial grants: The Court of Appeal of Paris holds that a payment by a car manufacturer of specific commercial grants with a view to support its distribution networks, is not per se illegal (Peugeot)


CA Paris, 1st ch. H, September 21, 2004, SPEA, versus Dec. No. 03-D-67 of December 23, 2003, Peugeot and GCAP in the automobile distribution sector It is now time for the French authorities to show some leniency to car manufacturers! Everyone remembers the recent Volkswagen judgment (CFI, 3 (...)

Emmanuelle Claudel Enterprise (Notion): The French Competition Council holds that a union or a professional group cannot exercise a direct or indirect influence on the free competition within the profession (Géomètres-experts)


Cons. conc. dec. no. 04-D-25 of 23 June 2004 relating to practices implemented in the field of architect’s fees in project management contracts in the Aquitaine region. The liberal professions, whose importance in the EU economy is recognised, are currently the subject of sustained attention (...)



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