Jones Day (Paris)

Eric Barbier de la Serre

Jones Day (Paris)
Partner

Eric Barbier de La Serre is a partner with Jones Day based in the firm’s Paris office. He has 20 years of experience in European and French competition law. He has handled numerous antitrust and state aid cases involving the telecommunications, electronic components, media, financial services, and energy sectors. Eric has been involved in settlement, commitment, interim relief, and sanctions proceedings before the European Commission and the French Competition Authority. He also has very extensive litigation experience before the EU courts and regularly advises on other aspects of EU law such as free movement of goods and services.

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Articles

11579 Bulletin

Eric Barbier de la Serre, Yvan N. Desmedt, Mark Jones, Mario Todino, Geoffroy Van De Walle, Alexandre G. Verheyden The EU Court of Justice annuls a General Court decision which had adopted a high standard of proof for the Commission to block transactions in concentrated markets in which neither the parties to the deal nor other competitors have a dominant position (Telefónica UK / Hutchison 3G UK)

90

In Short The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in concentrated markets in which neither the parties to the deal nor other (...)

Charlotte Breuvart, Eric Barbier de la Serre, Serge Clerckx, Michael A. Gleason, Mark Jones, Johannes Zöttl The EU Court of Justice rules that non-notifiable merger deals can be challenged and reviewed under the abuse of dominance rules (Towercast)

160

In Short The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the Functioning of the European Union to the extent it is not reportable (...)

Eric Barbier de la Serre, Jürgen Beninca, Serge Clerckx, Raimundo Ortega, Kevin Wilcock The EU Commission releases draft antitrust exemption Guidelines for sustainability agreements in the agri-food industry

113

In Short The Development: The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain that target certain European Union ("EU") sustainability objectives. (...)

Charlotte Breuvart, Eric Barbier de la Serre, Jürgen Beninca, Serge Clerckx, Marta Delgado Echevarría, Yvan N. Desmedt, Mario Todino The EU Commission issues draft revisions to its Vertical Block Exemption Regulation and Vertical Guidelines

264

In Short The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt some agreements in the vertical supply chain from antitrust (...)

Charlotte Breuvart, Eric Barbier de la Serre, Serge Clerckx, Michael A. Gleason, Johannes Zöttl The EU Commission issues guidance on the application of the referral mechanism set out in article 22 of the Merger Regulation expanding its antitrust reviews to non-reportable transactions

720

In Short The Situation: According to the European Commission ("EC"), an increasing number of competitively significant transactions have evaded merger notification because one or both of the transacting parties (but typically a small, high value target) did not meet EC or any Member State (...)

Charlotte Breuvart, Eric Barbier de la Serre, Marta Delgado Echevarría, Yvan N. Desmedt, Mario Todino, Alexandre G. Verheyden, Philipp Werner The EU Commission issues its State aid guidance on national recovery and resilience plans and makes it clear that all investment projects must comply with State aid rules

541

In Short The Situation: The European Commission has launched its largest ever stimulus package to support recovery of EU economies from the COVID-19 pandemic’s unprecedented economic and social disruption. Each EU Member State must submit a recovery plan and funding requests for Commission (...)

Laurent De Muyter, Bernard Amory, Alexandre G. Verheyden, Yvan N. Desmedt, Eric Barbier de la Serre, Craig A. Waldman, Jörg Hladjk, Undine Von Diemar, Matt Evans The EU Commission unveils sweeping proposals to regulate the digital sector

183

In Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)

Charlotte Breuvart, Eric Barbier de la Serre, Henry de la Barre d’Erquelinnes, Serge Clerckx The EU Court of Justice rules the Commission violated the rights of the defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)

468

In Short The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS’s rights of defense when it failed to provide UPS with the final economic model used in its decision to block UPS’s proposed acquisition of TNT in 2013. The (...)

Claire Lavin, Eric Barbier de la Serre, Matt Evans, Philipp Werner The EU Commission publishes a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules

294

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a report providing an overview of the market and the relevant (...)

Alexandre G. Verheyden, Eric Barbier de la Serre, Eric Morgan de Rivery The EU Court of Human Rights rules that dawn raids carried out at the premises of two companies by the French Department for Competition, Consumer Protection and Fraud violates both the rights of defense and the right to privacy (Vinci / GTM)

860

The European Court of Human Rights (ECtHR) recently ruled that dawn raids carried out at the premises of two French construction companies by the DGCCRF (French Department for Competition, Consumer Protection and Fraud) violated both the rights of defense and the right to privacy, due to (...)

Eric Barbier de la Serre The EFTA Court sanctions for abuse of dominant position a company active in the market for business-to-consumer parcel services with over-the-counter delivery, thus addressing the issue of judicial review (Posten Norge)

980

A lesson on judicial review from the other European Court in Luxembourg* Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg, but this did not come from the European Court of Justice (the “ECJ”). Not every reader of this (...)

Eric Barbier de la Serre The Paris Court of Appeals holds that the EU principle of intragroup immunity does not apply to coordinated offers made by "seemingly" independent entities (Maquet)

620

Undertakings with a (seemingly) divided self: Beware* It is commonly accepted that, pursuant to the principle of intragroup immunity, Article 101 TFEU cannot catch agreements or concerted practices between entities that belong to the same undertaking. Article 101 TFEU requires coordination (...)

Eric Barbier de la Serre The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google / Navx)

593

Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This (...)

Eric Barbier de la Serre The Paris Court of Appeal applies the EU "harmless error rule" in a commitment procedure where a party has been denied full access to the French Competition Authority’s file (Canal 9)

484

The harmless error rule and the French commitment procedure* Merely one month before the ECJ delivered its very expected judgment in the Alrosa case, a ruling of the Paris Court of Appeals confirmed that the exercise of the rights of the defense in commitment procedures raises delicate (...)

Eric Barbier de la Serre The Paris Court of Appeals decreases fines on cartel members in the steel industry generating the urgency for a greater convergence on the calculation of fines for antitrust infringements (AMD / Arcelor)

446

Towards greater convergence on the calculation of fines* It is not uncommon for the law to progress as a consequence of significant discrepancies and disagreements arising between courts and enforcers. This is exactly what may currently be happening to the French rules governing the (...)

8968 Review

Eric Barbier de la Serre, José María Marín-Quemada, Laurence Idot Competition authorities: Towards more independence and prioritisation? (New Frontiers of Antitrust - Paris, 26 June 2017)

614

Independence and transparency go hand by hand and are of the utmost importance for competition authorities. Transparency is a safeguard for independence. Competition authorities must be independent by definition regarding both the public and the private sector. Total independence should be (...)

Eric Barbier de la Serre, Guy Canivet, Henk Don, Laurence Idot, Siún O’Keeffe TR II - Procedural autonomy: Is it time for convergence in Europe? (New Frontiers of Antitrust Conference - Paris, February 10th 2012)

1184

This second roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to procedural autonomy with regards to competition law enforcement. After a short introduction by Guy Canivet, member of the French Constitutional Council, Éric Barbier de la Serre, (...)

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