Emmanuelle Claudel

Competition law is subject to a dual pseudo-contradictory movement. On the one hand, it hardens as competition authorities pronounce increasingly severe sanctions. On the other hand, it becomes more flexible, as authoritarian intervention methods leave room for methods that involve active (...)

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 (...)

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 (...)

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 (...)

The interim measures proceedings are useful for the plaintiffs, which can find in France an outlet that is closed at the EU level. Often used – too often maybe and not always for good reason - the interim measures proceedings remain however quite difficult to understand both for plaintiffs and (...)

The papers gathered in this section illustrate the new sanctions policy of the French Competition Authority, following the release of draft guidelines on 17th January 2011. In her contribution, Me Jalabert Doury focuses on the mechanisms proposed in the draft guidelines. Professor Emmanuelle (...)

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 (...)

1. Ladies and Gentlemen, allow me first of all to express my pleasure at taking part in this symposium organized by the University of Paris II, the European College of Paris and the AFEC, and particularly at taking part in this round table, which is entitled: "Facilitating the establishment of (...)

The administration is stubborn; that is its least flaw. In the face of the outcry over the proposal to give the Minister of the Economy the power to issue injunctions and to settle "anti-competitive micro-practices", one might have expected a change in the public authorities on this issue. (...)

CA Paris, 1st ch. H, 8 October 2008, SNEFv. Council, Dec. No. 07-D29 September 26, 2007, public electrical installation contracts launched by the public establishment of the Versailles museum and national estate It may be recalled that, in Decision No. 07-D-29, the Council had sanctioned a (...)

CA Paris, 1st ch. H, 17 September 2008, Coopérative agricole l’Ardéchoise (C.A.A.)v. Council, Dec. No. 07-D-16 9 May 2007, markets for the collection and marketing of cereals In a decision No. 07-D-16 of May 9, 2007, the Competition Council had sanctioned various practices on the grain (...)

Conc. conc., procedural communiqué - Market test of September 10, 2008, CESAM’s Commitment Proposal - Terms of recommendation of yachting experts for insurers Organisations frequently issue qualifications or labels as part of a collective quality approach. The fact of setting up a quality (...)

CA Paris, 1st ch. H, 3 July 2008, Eiffage and others.v. Council, Dec. No. 07-D-15 of 9 May 2007, public contracts relating to Ile-de-France high schools The competitive aspect of the Ile de France high school case continues with this decision of the Paris Court of Appeal. Let us recall the (...)

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 (...)

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 (...)

Cass. com, 8 April 2008, Casino Guichard Perrachon and Selection Disc Organisation, No. 07-16.485 and 07-16.500, aff. of pre-recorded videocassettes The case of pre-recorded videocassettes is at the heart of sensitive issues: that of the influence of the threshold of resale at a loss on the (...)

CA Paris, 1st ch. H, March 4, 2008, José Alvarez e.a. company.v. Council, Dec. No. 06-D-37 of 7 December 2006, Distribution of cycles and products for cyclists In a decision No. 06-D-37 of 7 December 2006 (Concurrences, No. 1-2007, p. 84, note E.C.), the Council sanctioned a series of (...)

CA Paris, 1st ch. H, 29 January 2008, Le Goff Confort and others.v. Council, Dec. No. 06-D-03bis Dated March 9, 2006, Heating appliances, Sanitary ware, Plumbing, Air conditioning It will be recalled that, following a river decision (decree No. 06-D-3 bis of 9 March 2006, ConcurrencesNo. (...)

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. (...)

Council Decision No 07-D-50 of 20 December 2007 concerning practices in the toy distribution sector This is an important decision that the Competition Council has just handed down. First of all, it is important because of its context: that of the instrumentalisation by manufacturers and (...)

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 (...)

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 (...)

– Conc. conc. dec. no. 07-D-47 of 18 December 2007 on practices identified in the air navigation equipment sector This is a very classic submission to a call for tenders, which is sanctioned here to the tune of EUR 3.3 million. It should simply be pointed out that, in a sector such as air (...)

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’ (...)

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 (...)

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, (...)

– Const. dec. no. 07-D-35 of November 7, 2007, concerning practices of Sirona Dental Systems GmbH and its national distributors of dental materials and equipment. Here the Board applies its evidentiary approach to vertical price agreements where it does not result from the terms of the (...)

Const. conc. dec. no. 07-D-34 of October 24, 2007 concerning practices implemented on the market for the restructuring of Hôpital Saint-Léon in Bayonne This decision, which considers the anti-competitive practice of exchanging information prior to the first round of the tender and (...)

CA Paris, 1st ch. H, 23 October 2007, Eiffage Construction Languedocv. Council, Dec. No. 06-D-08 of March 24, 2006, public construction contracts for three colleges in the Hérault department The Paris Court of Appeal has just handed down a perfectly classic decision in the case of the (...)

Council Decision No. 07-D-29 of 26 September 2007 relating to practices implemented in the context of public electrical installation contracts by the public establishment of the Versailles Museum and National Estate. This is yet another decision by which the Council sanctions practices of (...)

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 (...)

Conc. conc. dec. no. 07-D-24 of 24 July 2007 relating to practices implemented by the Leonidas network It will be recalled that, in a decision No. 07-D-04 rendered on 24 January 2007 (Concurrences No. 1-2007, p. 99, EC note), the Council had sanctioned practices emanating from chocolate (...)

CA Paris, 1st ch. H, 19 June 2007, Société Philips France SAS and others.v. Council, Dec. No. 05-D-66"Consumer Electronics" This is an interesting decision just handed down by the Paris Court of Appeal. It shows the extent of the control exercised by this court over the Council’s decisions, (...)

CA Paris, 1st ch. H, 29 May 2007, Société Sélection Disc Organisation and others.against Cons. conc., Dec. no. 05-D-70"pre-recorded videotapes"... We recall the decision by which the Competition Council sanctioned BVHE, the exclusive distributor of Disney video cassettes in France, a (...)

The cinema exhibition market has undergone profound changes in recent years, in the direction of increasing vertical integration of the various professions. The cinema exhibition sector is also subject to the provisions of the Intellectual Property Code, which provides for the remuneration of (...)

Cons. conc. dec. no. 07-D-15 of May 9, 2007 relating to practices implemented in public procurement contracts relating to high schools in the Île-de-France region The high-profile Paris Region high school case has just been referred to the French Competition Council, following a long (...)

CA Paris, 1st ch. H, 24 April 2007, JH Industrie, SAS and others.v. Council, Dec. No. 06-D-09"door manufacturing sector" It will be recalled that, in a decision No. 06-D-09 of 11 April 2006 (this review No. 2-2006, p. 144, obs. C. M.), the Board had, for the first time, applied leniency in a (...)

– - Conc. conc. dec. no. 07-D-13 of 6 April 2007 on new requests for provisional measures in the maritime transport sector between Corsica and the mainland The Council would point out that the formation of temporary groupings of undertakings to respond to a call for tenders does not in (...)

Conc. conc. dec. no. 07-D-11 of 28 March 2007 relating to practices implemented on the occasion of public road works contracts awarded by the Marne General Council, the city of Reims and the district of Reims In this decision, the Council distinguished between permissible conduct and conduct (...)

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 (...)

Conc. conc. dec. no. 07-D-07 of 8 March 2007 relating to practices implemented in the sector of distribution of cosmetic and personal hygiene products The commitment procedure applied to selective distribution, with Internet sales as a sticking point, is now standard practice. The present (...)

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 (...)

Cons. conc. dec. no. 07-D-05 of February 21, 2007 relating to practices implemented by the French Union of Ortho-prosthetists (UFOP) on the market for the supply of ortho-prostheses The commented decision has four interests: the first is to apply, the fact is rare enough to be underlined, (...)

Const. dec. no. 07-D-04 of 24 January 2007 concerning practices implemented by the Jeff de Bruges franchise network The Competition Council has been seized of practices implemented by the Jeff de Bruges franchise network. The franchisor was initially accused of a wide-ranging price (...)

Cons. conc. dec. no. 07-D-03 of January 24, 2007 relating to practices identified in the luxury perfumery sector by Clarins SA It will be recalled that, in a decision n° 06-D-04 bis of 13 March 2006 relating to practices noted in the luxury perfumery sector (Concurrences n° 2-2006, p. 82, (...)

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 (...)

CA Paris, 1st ch. H, December 12, 2006v. Council, Dec. No. 05-D-65 of November 30, 2005, Mobile Telephony It will be remembered that, following a resounding decision, the Commission had severely sanctioned an agreement between mobile telephone operators, consisting of exchanges of (...)

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 (...)

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 (...)

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 (...)

Conc. conc. dec. no. 06-MC-02 of 27 June 2006 relating to a request for precautionary measures submitted by the commune of Bouc Bel Air Here’s a very interesting case. The municipality of Bouc Bel Air has applied to the Competition Council for protective measures concerning practices (...)

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 (...)

Council Decision No. 06-D-13 of 6 June 2006 on practices implemented in the context of a public works contract for the reconstruction of the Armand Cesari stadium in Furiani. We remember the collapse of the stands of the Furiani stadium in Upper Corsica in 1992. In order to rebuild them, a (...)

Cons. conc., Procedural Communiqué of May 22, 2006, Distribution of Dental Equipment and Materials, Sirona Dental Systems GmbH (SDS) This is a singular case among those that now illustrate the commitment procedure. The Competition Council raised two competition concerns with Sirena Dental (...)

Conc. conc. procedural communiqué of May 19, 2006, Selective distribution of Hi-fi and Home Cinema equipment, Bose - Focal JM Lab - Triangle Commitment procedures are multiplying. Three have been initiated in less than a month. Whereas the procedure was thought to be reserved essentially for (...)

Conc. conc. decision no. 06-S-01 of stay of proceedings; procedural communiqué of 28 March 2006, Festina Decree No. 2005-1668 of 27 December 2005 specifies the procedures for implementing the commitments procedure in France (see No. 1-2006Concurrences, p. 183, obs. C. Momège). The new system (...)

The Board heavily sanctions a broad price agreement in the luxury perfume sector Concordant Consent, Dec. 06-D-04 of March 13, 2006 on practices in the luxury perfumery sector ; press release of 14 March 2006 After yet another long decision (133 pages), the Council heavily sanctioned (...)

The Competition Council sanctions vertical and horizontal cartels in the heating, sanitary, plumbing and air-conditioning sector and specifies the conditions of criminalisation in the context of meetings between competitors. Conc. conc. dec. 06-D-03 bis of 9 March 2006 on practices (...)

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 (...)

Conc. conc. dec. n° 05-D-69 of 15 December 2005 relating to anti-competitive practices in the road works sector in Seine-Maritime Between 1991 and 1998, when various public road contracts were awarded in the Seine-Maritime region, various building and public works companies agreed to share (...)

Cons. conc. dec. no. 05-D-66 of 5 December 2005 relating to the referral of the SARL Avantage against practices implemented in the consumer electronics sector Seized by a distributor of discount products which considered itself to be the victim of boycott and discrimination, the Commission (...)

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 (...)

Conc. conc. dec. no. 05-D-65 of 30 November 2005 on practices observed in the mobile telephony sector In addition to the exchange of information, Orange France, SFR and Bouygues Télécom were accused of having reached an agreement to stabilise their respective positions in total sales of (...)

Concordance, Dec. 05-D-50 of 21 September 2005 on the complaint of the company SCOB against practices implemented by the company Brasseries Kronenbourg in the beer distribution sector The decision just issued by the Competition Council concerning practices implemented by the Kronenbourg (...)

Conc. conc. dec. no. 05-D-48 of 28 July 2005 on practices implemented by the company ATA in the taximeter sector Where a block exemption regulation is not applicable because trade between Member States is not affected by the agreement, the Council is nevertheless guided by the rules (...)

Conc. decree no. 05-D-49 of 28 July 2005 on practices implemented in the sector of the rental and maintenance of postal franking machines The decision handed down by the Competition Council is of interest in that it is a perfect example of the application of French and Community antitrust (...)

Cass. com, Judgment No. 982 of 28 June 2005, Daimler Chrysler France v. Garage Gremeau SA, No. 04-15.279 modified by Judgment No. 1319 of 12 July 2005 In a judgment of 28 June 2005, the Court of Cassation provided interesting clarifications on the interpretation of Regulation 1400/2002 on (...)

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 (...)

Cons. conc. dec. no. 05-D-19 of 12 May 2005 relating to practices implemented in the context of construction contracts for engineering structures for the construction of the A 84 motorway, known as the "Estuary Road", in the Manche department. This case, which is trivial in that it involves (...)

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 (...)

Conc. conc. dec. 04-D-63 of 30 November 2004 on practices implemented in the sector of ancillary activities of service stations It is known that the Order of 25 March 2004 gave France a textual basis for the sensitivity threshold (see this review, No. 1, 2004, p. 56.). Article L. 464-6-1 of (...)

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 (...)

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 (...)

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 (...)

Order n° 2004-274 of 25 March 2004 simplifying the law and formalities for companies (sensitivity threshold, art. 24-II) French competition law has been on the move in recent years. After the New Economic Regulations Act of 15 May 2001, new adjustments have just been made and others have (...)