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Eric David

Nest Avocats (Paris)

Partner

Eric David is a founding partner of Nest Avocats, a boutique firm dedicated to competition and compliance. He previously was counsel at Kramer Levin Naftalis & Frenkel in Paris. His practice focuses on all aspects of European law and (European and French) competition law : antitrust cases, compliance and dawn raid programs, state aid, merger filing procedures, as well as the coordination of multijurisdictional filings. Furthermore, he advises on trade agreements and has a strong experience on commercial litigation. His expertise mainly lies in the energy, banking and financial services, services (facility management, advertising, temporary employment), research and development, new technologies, pharmaceutical, construction industry, chemicals and automobile and automotive sectors. He also works with clients in the luxury goods, hotel industry, consumer goods and media sectors.

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Articles

23093 Bulletin

Eric David The Paris Court of Appeal refuses to cancel an alleged anticompetitive purchase price agreement between social landlords on account of absence of anticompetitive effect (Fédération des promoteurs immobiliers des Alpes/Pluralis)

30 June 2021 15

The Paris Court of Appeal confirmed a judgment of the Lyon Civil Court and dismissed FEDERATION DES PROMOTEURS IMMOBILIERS DES ALPES (Federation of real estate developers in the Alps) and SARL PATRICK GAILLARD ET ASSOCIÉS (a real estate developer) claims. The claimants ask the Court to state (...)

Eric David The Paris Court of Appeal orders a tobacco supplier to pay damages of almost €127M to two distributors for lost profits as a result of resale price maintenance agreements (Lorillard / AVGR / Lagache)

9 June 2021 35

The Paris Court of Appeal ordered LORILLARD, head of the LORENOVE concession network, to pay to two of its dealers (AVGR and LAGACHE), belonging to the same group of companies, respectively the sums of €62,952.93 and €64,021.58 for having imposed resale prices on them from 2010 to 2013. Dealers (...)

Eric David, Marco Plankensteiner The EU Court of Justice puts an end to the extensive interpretation by some competition authorities of the concept of gun jumping (EY / KPMG)

31 May 2018 602

In its judgment of 31 May 2018 (Case C-633/16, Ernst & Young), the European Court of Justice (ECJ) ruled that the termination of a cooperation agreement in connection with a M&A transaction prior to its clearing under merger control rules does not constitute a gun jumping practice. (...)

Eric David The Paris Court of Appeal upholds the Competition Authority’s decision in the jet fuel sector in La Réunion (Shell / Chevron / Total / Esso / Air France)

28 March 2013 580

1. The facts In January 2003, Air France lodged a complaint before the French Competition Authority (FCA) regarding an alleged cartel between the four oil companies established in the La Reunion Island Airport during the 2002 Air France’s tender. First inquiries were made in La Reunion and near (...)

Eric David The French Criminal Supreme Court upholds sentences inflicting prison, fines and damages for bid-rigging (Le Havre lighting)

22 October 2003 3707

In France, criminal prosecutions against the authors of anti-competitive practices are generally undertaken against those having participated in a cartel between tenderors. Although bid-rigging are involved in the present case, it must be noted that it concerns as well market public as private (...)

Eric David The EU Council publishes its regulation and calls for cooperation among the National Competition Authorities in the European Competition Network

4 January 2003 3677

1.The adoption of Regulation (EC) n° 1/2003 has undoubtedly encouraged the National Competition Authorities ("NCA") to be more eager in their application of Community law. This eagerness has been fuelled by a number of factors. Article 3§1 of Regulation n° 1/2003 requires that the NCAs apply (...)

Eric David The Paris Court of Appeal overturns criminal sentences on the grounds that the undertakings did not play a decisive role and that the collusion did not produce a significant effect (AP-HP)

2 May 2002 3168

In France, infractions of the rules on public procurement constitute the competition violations most frequently penalised both by the competition authorities and by the criminal judge. In the case examined, the incriminated behaviour was, however, somewhat different to the collusion usually (...)

Eric David The French Criminal Supreme Court upholds sentences inflicting prison and damages for bid-rigging (Claude M.)

26 September 2001 3614

In France, Criminal prosecutions against the authors of anti-competitive practices have two characteristics. They are generally undertaken, on the one hand, against those having participated in a cartel between tenderors for a public market and, on the other, when other criminal infractions are (...)

Eric David The French Criminal Supreme Court upholds sentences inflicting prison, fines and damages for bid-rigging (Isère tarmac)

16 May 2001 3753

Eric David The French Criminal Court of Grasse imposes a penalty on a professional organisation for practices aiming to limit access to the taxi sector (Georges C.)

22 January 1999 3942

15873 Review

Eric David Procedural rights before the European Commission in matter of cartels : Are the debates closed?

February 2014 960

Suffering from a congenital malformation, the Commission’s procedure underwent several improvements in order to comply with parties’ procedural rights. Nevertheless, the fact that the DG COMP still leads the procedure while the Commissioners, who are the only one empowered to adopt the (...)

Eric David The impact of "alternatives procedures" in the anti-competitive practices establishment before the Competition Authority and the European Commission

February 2011 2404

The present study aims to identify if leniency programs, settlement proceedings and commitment proceedings have an impact on the definition and the proof of antitrust practices before the European Commission and the French Competition Authority. 1. Unlike their North American counterparts, (...)

Eric David Cooperation among national competition authorities within the European Competition Network

December 2008 4915

Now considered to be commonplace, cooperation between national authorities within the European competition network leads to numerous difficulties for undertakings. The first of these appear during investigations made by an NCA on behalf of another. The French example shows that the procedural (...)

Eric David Criminal sanctions for violation of antitrust law in France

May 2006 7594

Since the entry into force of Order No. 86-1243 of 1 December 1986, criminal sanctions have had an ancillary function in France in the repression and deterrence of anti-competitive practices. Administrative sanctions imposed by the Competition Council are the main tool used to combat such (...)