Jean-Patrice de La Laurencie

Paris Bar
Former Lawyer

Jean-Patrice de La Laurencie headed the Paris office competition team of White & Case until 2013. He concentrated on competition, regulatory, and EU law and has over 20 years experience as a competition specialist in both public and private practices. His areas of expertise include merger control assistance in relation to investigations by competition authorities and to antitrust compliance, representation of national and international companies as well as governments before the European and French competition authorities and courts. Before becoming a lawyer in 1990, Jean-Patrice de La Laurencie was Deputy Director General of the French Competition, Consumer Affairs and Anti-Fraud Department. He made the largest part of his administrative career (1970-1989) within the Ministry of Economy and Finance, as a specialist of anti-inflation and antitrust matters. He also served as advisor in Jacques Delors’ Cabinet when the latter was the French Minister of Economy and Finance, and as financial advisor at the French Permanent Representation to the European Commission in Brussels. Attorney at law since 1990, he created and headed the Competition Department of the Paris office for two leading law firms.

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20723 Bulletin

Jean-Patrice de La Laurencie, Maly Courtaigne-Op The French Competition Authority fines three major national companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between member States (Keolis, Connex and Transdev)


Last July 2005, the French Competition Authority fined Keolis, Connex and Transdev a total of 11 € million for operating a national cartel in the French market for public passenger urban transport on the basis of article L. 420-1 of the French Commercial Code and article 81 EC. In its (...)

Jean-Patrice de La Laurencie, Mathieu Vernes The French Competition Authority condemns an agricultural economic committee for preventing access to the market and rejects the State’s action doctrine argument (Brittany cauliflowers)


The French Competition Council condemned on the 15 March 2005 the agricultural economic committee of fruit and vegetables of Brittany (CERAFEL) and several producers’ organizations for maintaining cartels in the wholesale marketing of Brittany cauliflowers. In the light of the recently (...)

Jean-Patrice de La Laurencie The French Competition Authority catches a defensive cartel of maritime transport carrier companies for abusive pricing on the basis of both national and EC competition laws (Channel Islands)


The 21 December 2004, the French Competition Council issued a decision, under articles L. 420-1 of the Commercial Code and 81 of the EC Treaty, relating to concerted practices on the market of maritime connections to the Channel Islands from France. In the context of the recent entry into (...)

116205 Review

Céline Gauer, Jean-Patrice de La Laurencie, Jean-Yves Trochon, Joël Maurice The Minister of Economy as guardian of the general interest in mergers control - Contrasting perspectives (Paris, October 18th 2013)


This panel aimed at crossing the opinions of three personalities: a Director from DG Competition in Brussels, an economist from an institute of social relationship and the head of the legal service of an industrial group. They expressed different sensibilities in answering two questions: (1) (...)

Jean-Patrice de La Laurencie, Joffrey Sigrist, Michaël Cousin, Michel Ponsard The regulation of commercial practices - A reform of the French law while waiting for the European law? (AFEC, Paris, 20 juin 2013)


This article brings together contributions from the second panel of the AFEC’s General Assembly of 20 June 2013 in Paris dedicated to the regulation of commercial practices INTRODUCTION Jean-Patrice DE LAURENCIE Lawyer at the Paris Bar 1. It is an honour for which I thank the (...)

Anne de Cadaran, Christophe Barthélémy, Ines Zenke, Jean-Baptiste Siproudhis, Jean-Patrice de La Laurencie, Jean-Paul Tran Thiet, Markus Kerber, Olivier Fréget, Philippe Redaelli Ten years of liberalisation of energy: Contrasted points of view


The set of six articles covers a wide panel of points of views ten years after the 1999 EC Directive. Readers will be able to read the following contributions: 1. Update on Wholesale Energy Market Regulation - Philippe Redaelli, General Counsel and Chief Financial Officer, Powernext; 2. (...)

Daniel Fasquelle, David Spector, Dominique de Gramont, Jean-Patrice de La Laurencie, Jérôme Bédier, Muriel Chagny «Chatel» Law: A new deal for producers & distributors - Some legal and economic points of view


INTRODUCTORY WORDS Jean-Patrice DE LAURENCIE Counsel to the Court I. Brief presentation of the law 1. Law No. 2008-3 of 3 January 2008 "for the development of competition in the service of consumers’ (OJ of 4 January 2008, p. 258), already The Chatel law, known as the "Chatel law", has (...)

Jean-Patrice de La Laurencie Below cost resale price: The Évry First Instance Tribunal condemns a large retail distributor for the first time to a substantial fine for below cost resale pricing and imprecise commercial agreements on the basis of Dutreil law (Carrefour)


TGI Évry, June 26, 2007, Carrefour Hypermarché France On June 26, 2007, the Tribunal de Grande Instance of Evry sentenced Carrefour Hypermarché France (hereinafter "Carrefour") in six different judgments. Of these judgments, two related to practices falling under Title IV of Book IV of the (...)

Jean-Patrice de La Laurencie Non-solicitation clause: The Court of Cassation considers that a non solicitation clause does not constitute a non competition clause, it is neither a version nor a precision of the later (Barandon c/ GELU)


This explicit distinction made by the French Supreme Court leads to assume that validity conditions of both clauses are different, especially regarding their financial counterpart Cass. com, July 11, 2006, Barandon v/ société GELU, n° 04-20.438 On 11 July 2006, the Court of Cassation (...)

Jean-Patrice de La Laurencie Discriminatory practices: The Paris Commercial Tribunal holds that preventing discriminatory practices does not entail harmonisation of commercial policies (Back Europe/Lesaffre)


T. com. Paris, 11 May 2006, Back Europe France v Lesaffre In a decision of 11 May 2006, the Paris Commercial Court, hearing an action challenging practices deemed to be discriminatory, explicitly recalled that the absence of discrimination does not require a single commercial policy and the (...)

Antoine Gosset-Grainville, Denis Samuel Lajeunesse, François Souty, Frederic 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 (...)

Jean-Patrice de La Laurencie Break of commercial reationhip: The Paris Court of Appeal holds that the termination of business planned in advance does not affect the enforcement of Art. L. 442-6-I-5° C. Com (Constantin/Galeries Lafayette)


CA Paris, 25ème ch., sect. B, 28 October 2005, SA Constantin c/ SA Galeries Lafayette In a judgment dated October 28, 2005, the Paris Court of Appeal reversed the judgment of the Paris Commercial Court and ordered Galeries Lafayette (purchaser of Marks & Spencer) to pay Constantin the (...)

Charles-Henri Calla, Jean-Patrice de La Laurencie Payment period: The French Competition Council refuses to apply Art. L. 420-4 C. code exemption to an inter-professional agreement aiming to limit payment periods (Opinion N° 05-A-17)


Refusal of exemption under ss. L. 420-4 c. com of an interprofessional agreement aimed at reducing payment periods Conc. conc. opinion No. 05-A-17 of 22 September 2005 on collective bargaining on inter-company payment periods The question of the reduction of payment periods under (...)

Jean-Patrice de La Laurencie Discriminatory practices: The Court of Cassation considers that the lack of legal notices in an invoice cannot establish by itself discriminatory practices or commercial cooperation (Créapro international)


Cass. com, February 8, 2005, Société Créapro international, n° 02-12.855 Is the failure to invoice alone capable of establishing or giving rise to a presumption of the existence of a discriminatory practice? The Court of Cassation gave a negative answer in its judgment of 8 February 2005. (...)

Daniel Fasquelle, Georges Chalot, Isabelle Cretenet (Blin), Jean-Patrice de La Laurencie, Sabine Lochmann Beaujour The afterwards of the "Canivet Report" on Producers/Distributors relationships


The report from the Canivet Commission was released the 18 October 2004. This article gathers contributions from main interested parties in the producers/distributors relationship issue. M. Jean-Patrice de La Laurencie, coordinator of the debates among the AFEC association, gathered the four (...)

Jean-Patrice de La Laurencie Break of established commercial relationships: The Courts of Appeal of Paris and Versailles rule on the interpretation of Article L. 442-6 (Galec, Parfums Parour, ADA)


CA Versailles, 18 November 2004, S.A. Hepco c/ Sté coopérative de groupement d’achats des centres Leclerc (SC Galec) CA Paris, December 1, 2004, Parfums Parour v/ Sté RDW CA Paris, January 12, 2005, S.A.R.L Soixante c/ S.A. ADA In three rulings handed down one month apart, the Paris and (...)

Jean-Patrice de La Laurencie Food large retail distribution sector : The Commission for the study of commercial practices assesses the validity of various contractual provisions used in the food large retail distribution sector (Opinion 22 June 2004)


Following a referral from the President of the French Grocery and General Food Union, the Trade Practices Review Commission has just published its latest opinion No. 04-06 concerning certain practices in the food distribution sector. On this occasion, the Commission is examining the validity (...)


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