François Souty

Civil servant

François Souty has joined the Directorate General of Competition, Consumers affairs and Frauds Repression (DGCCRF) in the Ministry of Economics, Finance and Industry as Senior Counsel to coordinate International Activities on Jan. 1, 2007. Prior to this assignment, François Souty spent ten years at the Competition Council as Counsel for International Affairs, representing the agency at the OECD Competition Committee, UNCTAD Intergovernmental Group of Experts on Competition, the Working Group on Trade and Competition at the WTO (from 1997 to 2003) and the International Competition Network. Elected as coordinator of the OECD Competition Authorities at the United Nations Conference on Trade and Development since 1995 he has chaired the 4th United Nations Conference on Competition rules from 2000 to 2005. François Souty also teaches Competition Law and Policy in a comparative perspective at the University of La Rochelle where he has created in 1999 a post graduate program on International Trade with Asia. From 1991 to 1996, he served as an Advisor at the Dgccrf on competition matters in the areas of energy, distribution structures and contracting works and then on international affairs. Earlier in his career, he investigated and reported on anticompetitive behaviors at DGCCRF Field Office from 1982 to 1990.

Linked authors

ARHM Foundation (Lyon)


211880 Review

François Souty, Stéphanie Yon-Courtin China: The Chinese Parliament announces the creation of a new National Markets Supervision Management Bureau as single Authority overhauling competition law enforcement tasks previously performed by three separate Agencies


The 19th Congress of the Communist Party of China, held from 18 to 24 October 2017, strengthened the synergies between the Party and the Chinese Government by launching a series of restructuring and simplifications of large public administrations. The stated objective was the revival and (...)

François Souty, Stéphanie Yon-Courtin United States: The United States Presidents nominates the new President of the Federal Trade Commission and three Commissionaires, members of the College (Nomination of the new President and three commissionaires)


The appointment by the President of the United States on October 19, 2017 of the new Chairman of the Federal Trade Commission - Joseph Simons - and two Commissioners - Rohit Chopra and Noah Phillips - only partially completed the FTC board. These three appointments could not necessarily allow (...)

François Souty, Stéphanie Yon-Courtin USA - Department of Justice: The US Senate confirms the Presidential nomination of Makan Delrahim as Assistant Attorney General, Chief of the Antitrust Division at the US Departement of Justice (Makan Delrahim)


The appointment by the President of the United States in March 2017 of Makan Delrahim as Assistant Attorney General, Head of the Antitrust Division, was confirmed by the United States Senate on 27 September: despite this late confirmation, he represents the confirmed top Antitrust leader of the (...)

François Souty Competition policy: The Intergovernmental Group of Expert on Competition policy of the United Nation Conference on Trade and Development meets in Geneva trying to impose new working themes in international cooperation (UNCTAD)


The Session was opened by the new Belgian Secretary General Isabelle Durant. She highlighted the contribution of competition rules in the context of developing countries to ensure the development of SMEs and incentives to innovate, while noting that globalization has been marked by an explosion (...)

François Souty, Stéphanie Yon-Courtin UNCTAD : The Intergovernmental group of experts on Competition Law and Policy of the United Nations Conference on Trade and Development holds its 15th annual meeting highlighting the emergence of BRICS countries in the area of International Competition Law and Policy


The fifteenth session of UNCTAD’s Intergovernmental Group of Experts (IGE) on Competition Law and Policy was held in Geneva from 19 to 21 October 2016, in the context of a major renewal of the UNCTAD secretariat in charge of the work of the IGE: for the first time in its thirty-six years of (...)

François Souty, Stéphanie Yon-Courtin Japan: The Japan Authority of Fair Trading publishes its 2014-2015 annual report and announces an important procedural reform with "due process" strengthening


Competition law and policy in Japan is based primarily on a 1947 Antimonopoly Law shaped by the United States after the defeat of 1945. Japan’s competition law will therefore celebrate its sixtieth anniversary in 2017. Japan’s institutional competition system is based on an independent (...)

François Souty, Stéphanie Yon-Courtin European Union - United States bilateral relationships: EU and US delegations give an insight, during the 13th round since 2013, on some aspects about the TTIP


The 13th round of TTIP negotiations was held in Brussels from 25 to 29 April 2016, marking, in the words of the German Missions in the United States, "a progress that is clearly perceptible. The latest EU reports show that good progress has been made in each of the 27 articles of the agreement, (...)

François Souty United States: The American Senate hears the Department of Justice’s Assistant Attorney General and the Federal Trade Commission’s President on their antitrust activity for 2015


Assistant Attorney General Bill Baer, Head of the Antitrust Division of the U.S. Department of Justice (DOJ), and Federal Trade Commission (FTC) Chairman Edith Ramirez were heard on March 9, 2016, by the U.S. Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights to report on (...)

François Souty, Stéphanie Yon-Courtin Hong-Kong: The Hong-Kong Competition Policy Advisory Group publishes its annual activity report for 2014-2015 and, in the meantime, competition rules comes into full effect


Hong Kong’s competition law was defined in 2012 by a Competition Ordinance, which provided for a transition period that has just ended on 15 December 2015. Since that date, the system of competition regulation in the "Special Administrative Region" (SAR) has taken on characteristics that bring (...)

François Souty Free trade: China and South Korea sign a free trade agreement


The third type of bilateral cooperation instrument put in place by the Chinese competition authorities in the last quarter of 2015 concerns South Korea. The protocol level of competition exchanges on this occasion gives an idea of the strategic importance now given to competition law and policy (...)

François Souty International cooperation: The National Development and Reform Commission of China signs a Memorandum of Understanding on competition cooperation with the Japan of Fair Trade Commission


A Memorandum of Understanding ("MOU") was signed on October 13, 2015 between one of the three Chinese competition authorities, the National Development and Reform Commission of China (NDRC), and the Japanese competition authority, the Japan Fair Trade Commission (JFTC). The two parties (...)

François Souty Transpacific Partnership Treaty: The Transpacific Partnership Treaty, regional agreement containing competition dispositions, has been concluded by ten pacific rim countries


On 5 October 2015, the signing of the Transpacific Partnership Treaty (hereafter "TPP") in Atlanta enabled its main promoter, the United States, to conclude what is now the most important regional trade agreement in terms of the size of the markets and populations involved, bringing together no (...)

François Souty UNCTAD : The Public and Private Partnership Research Platform gathers as a side event to the Seventh UN Review Conference and discusses on the concept of competitive neutrality in the context of international trade and development


Established by the UNCTAD secretariat in 2010, the Research Partnership Platform (RPP) held its sixth informal meeting, conducted at the Palais des Nations in Geneva, on the margins of the Competition Rules Review Conference (see above). Designed by the UNCTAD secretariat to bring together (...)

François Souty UNCTAD : The 7th UN Review Conference sets the work programme of the Intergovernmental Group of Experts on Competition, strenghtens work on the interface of competition and consumer protection policies and requests the constitution of an IGE on consumer protection


A review of UNCTAD’s work on competition law in developing countries was carried out and a resolution was adopted establishing the five-year programme of UNCTAD’s Group of Experts on Competition. A resolution was sent to the United Nations General Assembly in New York calling for the (...)

François Souty China : Chinese competition authorities stricten the competition sanctions and the SAIC issues a regulation prohibiting the abuse of intellectual property rights in order to eliminate or restrain competition


In the first half of 2015, the attention of the international operators present on the Chinese market was marked by a very sharp increase in the sanctions regime implemented by two of the three Chinese competition authorities, which had been anticipated in previous columns (see in particular F. (...)

François Souty China : The Chinese competition law institutions and enforcement celebrate their sixth anniversary amidst debates spurred by critical AmCham Report on alleged relationships between industrial policy and competition policy and alleged discriminations in enforcement against Western firms


People’s Daily, Aug. 13 and Sept. 19, 2014:; Reuters, Sept. 2, 2014: On 1 August, the institutions of Chinese competition law and policy celebrated (...)

François Souty TTIP: The European Commission and the US Trade Representative negotiate the Transatlantic Trade and Investment Partnership and discuss a substantive and extended chapter on the « Competition Policy »

297 Bilateral negotiations between the United States and the European Union for the establishment of a Transatlantic Free Trade Treaty have been developing since June 2013. In (...)

François Souty, Stéphanie Yon-Courtin EMCF : The UNCTAD Euro-Mediterranean Competition Forum is dedicated to issues of independence and scope of responsibilities of national competition authorities in the Mediterranean countries


Last year, the Euro-Mediterranean Competition Forum was launched in an informal legal framework, but in the UN premises in Geneva where UNCTAD’s activities are carried out (see F. Souty - S. Yon-Courtin, "Euro-Mediterranean Competition Forum, first workshop", p. 3).). The work of this third (...)

François Souty, Stéphanie Yon-Courtin China: The Ministry of Commerce of the People’s Republic of China issues a guiding opinion on the notifications of concentrations of undertakings and prohibits an international merger with extraterritorial effects


The Antimonopoly Bureau of the Ministry of Foreign Trade (MOFCOM), one of the three Chinese competition authorities particularly in charge of merger control, issued on June 6, 2014 a "Guiding opinion" on the notification of business mergers. This "Guiding Opinion" is intended to show an (...)

François Souty, Stéphanie Yon-Courtin World trade organization : The 9th Ministerial Conference adopts a declaration on the « Bali Package », containing various measures to streamline trade and diversified consequences on markets and competition working (WTO 9th Ministerial Conference, 7th December 2013, The Bali Ministerial Declaration)


The agreement reached in Bali between negotiators from 169 countries on 7 December 2013 represents the first international trade agreement on trade liberalisation and "trade facilitation" since the establishment of the WTO in 1995 decided by the Marrakech Ministerial Conference. A subsequent (...)

François Souty, Stéphanie Yon-Courtin Hong-Kong: The judicial authority of the special administrative region appoints the President and Vice President of the Competition Tribunal, the decision-making body of the Competition Commission


SAR Judicial Authority, appointment Hong Kong’s judiciary continues to build on the institutions recently established in the Special Administrative Region (SAR), including the establishment of the Competition Commission in April 2013 (see F. Souty, S. Yon-Courtin, "Hong Kong adopts (...)

François Souty China: The three Chinese Competition Authorities celebrate the fifth anniversary of the emergence of Chinese Competition Law and Policy which affirms its extraterritorial reach both in merger and cartels controls


On 1 August this year, China’s competition law and policy institutions celebrated their fifth anniversary. As a result, their key development features have emerged. They now have the attention of the world’s most established competition authorities, but above all the attention of the heads of the (...)

François Souty China: The MOFCOM authorizes under extraterritorial conditions two purchases on the concentrated copper and soybean markets for British, Swiss, Japanese and U.S. operators


See Chinese Ministry of Commerce website (in Chinese language) The People’s Daily, April 16, 2013 and April 22, 2013, English edition With the publication of a draft regulation and two conditional merger control decisions, China has once again demonstrated the scope of the industrial (...)

François Souty, Stéphanie Yon-Courtin China: The Ministry of Commerce of the PRC and the National Development and Reform Commission present an assessment of the Chinese competition authorities activity and set their objectives, namely an increase of transparency with regard to merger control


Competition policy in China in 2013 appears to be clearly supported at the highest level of government. It is set in a cycle of sustainable expansion and assigns a certain number of objectives to both competition authorities and market operators, as part of a process of Chinese economic (...)

François Souty, Stéphanie Yon-Courtin Euromed: The Euro-Mediterranean Forum on Competition is set up by Moroccan Competition Council, Austrian Competition Authority and UNCTAD Secretariat; concurrently, the Mediterranean Competition Council is incorporated in Barcelona and appoints its Board mainly composed with Civil Society Members


On the sidelines of the last session of UNCTAD’s Intergovernmental Group of Experts (IGE) on Competition Law and Policy, various competition authority officials and representatives of civil society present in Geneva took the decision to federate the competition authorities and actors around the (...)

François Souty In Memoriam : Robert Heron Bork (1927-2012)


This foreword is an In Memoriam of Mr. Robert Heron Bork. Professor and federal judge Robert H. Bork died on 19 December 2012. He leaves perhaps the most important intellectual imprint on public policy in a century for an American intellectual, particularly in the cycle of developments and (...)

François Souty, Stéphanie Yon-Courtin Bilateral agreements: The American and Indian Competition Auhorities adopt on September 27, 2012 an MoU equivalent to the one sign with China in 2011

108 target=_blank"->India-USA Antitrust memorandum of understanding, 27.09.12 Following the signing of a cooperation agreement on competition between China and the United States in Beijing in the summer of 2011, the competition authorities of the United (...)

François Souty, Stéphanie Yon-Courtin Bilateral agreements : Chinese Competition Authorities sign with their European counterparts an MoU corresponding to the one that was signed with their American colleagues in 2011

139" target="_blank"->EU-China summit, Antitrust memorandum of understanding, 21.09.12 The 15th Sino-European Summit was held in Brussels on 20 September 2012, with the European Union represented by Herman van Rompuy, President of the European Council and José Manuel (...)

François Souty UNCTAD: The Group takes on the last ministerial session of April 2012 and demonstrates that some UN organs aim at challenging other international organizations such as the WTO, the OECD and the ICN


(see also International Politics column, ConcurrencesNo. 2-2012, pp. 189-191, obs. F. Souty and ConcurrencesNo. 2-2011, pp. 214-216, obs. F. Souty)" target="_blank"->UNCTAD, 12th Session of the Intergovernmental Group of Experts on Competition Law, 09.07.12, Geneva Each (...)

François Souty China : The Chinese Ministry of Commerce controls foreign high-tech firms takeovers (Western Digital/Hitachi GST, Google/Motorola Mobility, United Technologies Corporation (UTC)/Goodrich Corporation)


The Chinese authority responsible for merger control - the General Antimonopoly Bureau of the Ministry of Foreign Trade (the "MOFCOM", or Ministry of Commerce) - will continue in 2012 its active teaching of major international groups, particularly American ones: MOFCOM has issued three more (...)

François Souty US DOJ – Antitrust Division: The Acting Assistant Attorney General, Chief of the DOJ Antitrust Division Sharis Pozen announces her resignation as from April 30, 2012 after major merger cases handling by DOJ. She is replaced at the head of the Antitrust Division by the Washington based attorney William J Baer


Ms. Sharis Pozen, Assistant Attorney General, Head of the Antitrust Division of the US Department of Justice, announced in January 2012 that she would be stepping down as head of the Antitrust Division at the end of April 2012. Her departure will take place after only nine months in office and (...)

François Souty UNCTAD: The UNCTAD witnesses high-level ministerial exchanges on the economic crisis, globalization, economic development and competition law within the framework of development at its thirteenth session (Doha, Qatar, 21-26 april 2012)


UNCTAD XIII, Doha, Qatar, 21-26 April 2012 The United Nations Conference for Co-operation and Development (UNCTAD) is a permanent subsidiary international organization of the United Nations, determined under Article 7 of the Charter of the United Nations, founded in 1964. Its headquarters are (...)

François Souty UNCTAD: The 13th UNCTAD session shows an effective strengthening of developing countries’ place but fragmentation of their representation with difficult consensus to find but for competition policy useful contribution to development


Department for Business, Innovation & Skills, Response outlining the decisions of the Government on a Competition Regime for Growth, London, 15 March 2012 As announced in the International Chronicle of the previous issue of this journal (see F. Souty, XIIIth United Nations Conference on (...)

François Souty, Frédérique Daudret-John United Kingdom: The UK Government announces a major overhaul of the UK competition law regime with the merger of existing institutions into one unique Competition and Market Authority


Department for Business, Innovation & Skills, Response outlining the decisions of the Government on a Competition Regime for Growth, London, 15 March 2012 As part of a comprehensive reform of its public bodies, the "quangos" ("quasi non-governmental organisations"), promised by (...)

François Souty, Frédérique Daudret-John International Organizations – OECD: The 113th Competition Committee deals with competition law enforcement to network industries activities and competition-related regulatory issues namely in the areas of excessive pricing and has held hearings in the digital economy


The Competition Committee held its 113th session from 17 to 20 October 2011, with its regular configurations, two working groups devoted respectively to the issues of the relationship between competition law and regulation and to international cooperation in the implementation of competition (...)

François Souty, Stéphanie Yon-Courtin China – MOFCOM: China undertakes its annual enforcement assessment of the Antimonopoly Law and issues new conditional approvals of international mergers with major bearings on the operators’ daily management


On 27 December 2011, the Director General of the Antimonopoly Bureau of the Ministry of Commerce (MOFCOM), one of the three Chinese competition authorities in charge of merger control, Mr Shang Ming, held a press conference in Beijing on the 2011 review of the implementation of Chinese (...)

François Souty OCDE: The 114th session of the Competition Policy deals with issues of competition policy with deregulated sectors (notably hospitals) and international cooperation and the 11th OECD Global Forum on Competition witnesses unprecedented attendance


OECD, 114th Session of the Competition Committee and 11th Global Forum on Competition, Paris, 13-17 February 2012 The 114th session consisted, on the one hand, of regular meetings of the Working Parties on International Regulation and Cooperation and the Competition Committee in plenary from (...)

François Souty, Stéphanie Yon-Courtin Bilateral cooperation: The USA and China sign an antitrust memorandum of understanding in an effort to promote communication and cooperation among the antitrust agencies of the two countries


Memorandum of Understanding ("MoU") on Competition, 27 July 2011 In view of the growing importance of Chinese competition law, designed for a market of more than 1.3 billion consumers, i.e. almost four times the number of consumers in the United States, it seemed useful for the American (...)

François Souty, Frédérique Daudret-John United States : The Assistant Attorney General Christine Varney resignes, giving the occasion to assess the Obama Administration Antitrust Record at midterm


Christine Varney, Assistant Attorney General of the United States, Head of the Antitrust Division at the US Department of Justice, resigned from her position at the end of July 2011 to join the prestigious and very former New York law firm Cravath, Swaine and Moore, a few days after the signing (...)

François Souty, Stéphanie Yon-Courtin International competition network : The ICN celebrates its 10th anniversary and set its priorities for the next decade (ICN 10th Annual Conference, The Hague, May 18-20, 2011)


Tenth Annual Conference of the International Competition Network, 18-20 May 2011, The Hague, The Netherlands Exactly 10 years ago, at the initiative of the United States, some 20 competition authorities, mainly from developed countries, agreed in Naples to meet informally to discuss the (...)

François Souty UNCTAD: The sixth United Nations conference to review all aspects of the set of multilaterally agreed equitable principles and rules for the control of restrictive business practices meets in Geneva and adopts a resolution


Sixth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, Geneva, 8-12 November 2010 The United Nations Conference on Trade and Development (UNCTAD) has been developing for more (...)

François Souty ICN conference - Istanbul: The ICN prepares its agenda for the second decade and adopts recommended practices on dominance analysis in unilateral conduct and on the definition of relevant markets and of the definition of failing firm/exiting assets in merger control


International Competition Network, 9th Annual Conference, Istanbul, 27 - 29 April 2010 As every year since its creation at the initiative of the United States in October 2001, the International Competition Network (ICN) held a conference from 27 to 29 April 2010 in Istanbul (Turkey). This (...)

François Souty In memoriam: Karel Van Miert (1942-2009)


This foreword is an In Memoriam of Mr. Karel Van Miert. Karel Van Miert, a Flemish socialist and pacifist activist in the 1970s and 1980s, then member and Vice-President of the European Commission in the 1990s, died on 22 June 2009 following an accident at home in his 67th year. Born on 17 (...)

François Souty UNCTAD - Geneva: Competition authorities’ representatives agree on a major role for competition agencies in developing countries in an economic crisis environment and to devote more attention to industries concerned by industrial policies, concession operated sectors and subsidized industries


The 10th session of UNCTAD’s Intergovernmental Group of Experts (IGE) on Competition was held in Geneva from 7 to 9 July. This meeting of member competition experts representing developed and developing country members of the United Nations was chaired by the President of the Chilean competition (...)

François Souty Financial crisis - Competition policy: The OCDE Competition Committee brings together delegates of the main developed and developing countries to work on the economic and financial crisis consequences on Competition Policy and the relationships between Competition Policy and Industrial Policy (OECD Competition Committee, 16-20.02.09)


OECD, 16-20.2.09, Competition Committee, Industrial policy and competition, financial and economic crisis The session of the Competition Committee held in February 2009 was marked by the context of the economic and financial crisis, which has accelerated since autumn 2008. Among the high-level (...)

François Souty Moroco: The New Moroccan Competition Council is taking place within the framework of a twinning program between German and Moroccan Competition Authorities, with support of French and Polish experts to further accelarate a process of strengthening capacity building with EU Commission financing


For the past year, a capacity-building programme for Moroccan competition authorities has been implemented in the framework of a twinning programme between the Moroccan competition authorities and the German competition authorities, which also coordinates and manages the programme financed by (...)

François Souty, Frédérique Daudret-John Unilateral conduct: The US Department of Justice issues a report on unilateral conduct abuses treatment with lenient enforcement criteria that spur a controversy with the FTC Commissioners (Single-firm conduct under s. 2 Sherman Act)


The publication on 8 September 2008, in the midst of the US presidential campaign, of a report on the treatment of unilateral conduct - in European law, abuse of dominant position - by the Antitrust Division of the US Department of Justice (DOJ) immediately gave rise to a lively political (...)

François Souty UNCTAD: The UNCTAD holds its 12th Session and the 9th session of the Intergovernmental Group of Experts (IGE) on Competition carry on their work on a Competition Law and Policy adapted to economic conditions of the markets of developing countries (Geneva)


UNCTAD, 12th session, 20-25 April 2008, Accra, Ghana UNCTAD, Intergovernmental Group of Experts on Competition Rules, 9th session, 15-18 July 2008, Geneva Two meetings on competition within the framework of the United Nations in April-July show that competition policy is of interest to (...)

François Souty China: The antitrust law of August, 30, 2007


After 13 years of debates, China has just enacted its Anti-Monopoly or Competition Law. It will enter into force only on august 1, 2008 and will soon be completed by implementation provisions. This law sets out the Chinese Competition Policy objectives: build up a competitive foreign (...)

François Souty The US State Action Doctrine: An European point of view


1. This article is part of the debate in Europe on the nature of public practices that can be controlled under competition law. It follows on from the work on State aid control presented at the colloquium held on the first anniversary of this Review. Indeed, since taking office, the European (...)

François Souty, Frédérique Daudret-John Enforcers training: French authorities organise seminars on competition training for French-speaking competition enforcers (Paris, 20-21 November 2006)


Many French-speaking countries in North Africa, West Africa and Asia have had competitive regulatory systems in place for one to two decades. Those that did not have such systems are in the process of setting up such systems. These institutional systems are based on national laws, national (...)

François Souty, Frédérique Daudret-John International cartel: The U.S Supreme Court denies for the first time an application to prevent the DOJ from bringing charges against a person, after having granted him conditional immunity for leniency (Stolt-Nielsen)


USA Supreme Court, order in pending case, August 21, 2006, Stolt-Nielsen S. A. v. United States, 548 U.S._(2006) This case raises a series of questions about the powers to grant and suspend clemency and its use in the extra-territorial context. On August 21, 2006, the United States Supreme (...)

François Souty, Stéphanie Yon-Courtin ICN «Best practices» : The International Competition network goes on with the drafting of the «best practices» and create new workshop for unilateral practices


International Competition Network Conference in Cape Town from 2 to 5 May 2006 As it has every year since its creation at the initiative of the United States in October 2001, the International Competition Network (ICN) held its annual conference from 3 to 5 May 2006 in Cape Town, South Africa. (...)

François Souty, Frédérique Daudret-John Intellectual property rights: The US Supreme Court reverses its interpretation on the presumption of market power in the context of a tied selling involving IP rights on the tying product (Illinois Tool Works)


USA Supreme Court, March 1, 2006, Illinois Tool Works Inc. et al. v. Independent Ink Inc, No. 04-1329 In the first quarter of 2006, the United States Supreme Court, now presided over by Judge Roberts, appointed by President G.W. Bush, issued three landmark rulings in antitrust matters. These (...)

Antoine Gosset-Grainville, Denis Samuel Lajeunesse, François Souty, Frédéric Jenny, Guillaume Cerutti, Hubert Legal, Jacques Barrot, Jacques Derenne, Jacques-Philippe Gunther, Jean-Patrice de La Laurencie, Jean-Yves Chérot, Laurence Idot, Marc van Hoof, Marie-Dominique Hagelsteen, Nicola Pesaresi, Valérie Rabassa, Xavier de Roux Conference: The EC State Aid Reform (Paris, 8 December 2005)


The proceedings of this colloquium are organised in two parts. In the first stage, the two main axes of the reform are studied: In substantive terms, the aim of the Community reform is to introduce a more economic analysis of aid in this area too. Following the presentation made by Ms Rabassa (...)

François Souty, Frédérique Daudret-John Price discrimination: The US Supreme Court reverses its interpretation on proof of discrimination in private competitive bidding situations: a retailer must show damage to competition by actual price discrimination of the manufacturers among its resellers competing to supply the same customer (Volvo Trucks/Reeder-Simco GMC)


USA Supreme Court, January 10, 2006, Volvo Trucks North America Inc. v. Reeder-Simco GMC Inc, No. 04-905 In the first quarter of 2006, the United States Supreme Court, now presided over by Judge Roberts, appointed by President G.W. Bush, issued three landmark rulings in antitrust matters. (...)

François Souty, Stéphanie Yon-Courtin Sentencing guidelines: The US Supreme Court holds that Federal Sentencing Guidelines set out by the Administrative Commission only have a consultative role and that the decision still rests with the sentencing judge (US v. Booker)


USA Supreme Court, 12 January 2005, US v. Booker, No. 04-104 This decision is important in that it calls into question the constitutionality of the Federal Sentencing Guidelines, which serve as a basis for antitrust authorities to sanction anti-competitive practices if certain conditions of (...)

François Souty, Frédérique Daudret-John United States of America: The US Supreme Court rules on the current relationhip between antitrust law and sectoral regulation in the telecommunications sector (Trinko)


On January 13, 2004, the United States Supreme Court issued a decision entitled Verizon Communications Inc. V. Law Offices of Curtis V. Trinko LLP, to which American commentators refer, mentioning only the name of the plaintiff, Trinko. This Trinko decision is considered in the United States by (...)

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