Jérémie Jourdan is a senior competition counsel at Schibsted in Oslo, Norway. Prior to that he was a partner based in the Brussels office of White & Case. His main areas of practice include EU and French competition law. He has represented several clients in investigations before the European Commission and EU Courts. For example, he has been representing French pharmaceutical company Servier in its appeal against the Commission decision in the Perindopril case before the Tribunal (T-691/14), which led to a partial annulment of the objections brought by the Commission under Article 101 and a full annulment of the objections brought under Article 102. He also successfully represented Toshiba in case T-104/13, in which the General Court partially annulled the Commission decision in the Cathode Ray Tube case (28 million euros fine reduction), and a French joint purchasing retail structure (INCA Achats) in its successful appeal against a Commission dawn raid decision, which was partially annulled by the General Court (T-254/17). Mr. Jourdan also routinely represents clients before the European Commission in Phase 1 and Phase 2 merger control reviews, including mostly recently Metso Corporation and Outotec in their merger in the area of mining machinery and Deutsche Telekom/Mobile in its acquisition of Tele 2 in the Netherlands. Between 2010 and 2012, Jérémie Jourdan worked as an adviser to the Competition Hearing Officers of the European Commission.
Nominee, 2022 Antitrust Writing Awards: Business, Procedure
Nominee, 2021 Antitrust Writing Awards: Business, Mergers
Nominee, 2018 Antitrust Writing Awards: Business, Unilateral Conduct
Nominee, 2016 Antitrust Writing Awards: Business, Mergers
Nominee, 2015 Antitrust Writing Awards: Business, Intellectual Property
Nominee, 2014 Antitrust Writing Awards: Business, Concerted Practices
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The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds, and were not referred to the European (...)
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In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court’s (GC) judgment that had partly upheld the European Commission’s (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted (...)
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On 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of railway track. While reaffirming its essential facility case law (Bronner), the Court confirmed that the Bronner case law did not apply to the (...)
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On 9 December 2022, the European Commission published its draft DMA Implementing Regulation for consultation, together with the proposed Notification Form for "gatekeepers". The text deals with notifications, submissions and practical arrangements in relation to future Commission decisions (...)
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The EU Court of Justice ("CJEU") has recently clarified the scope of legal professional privilege ("LPP") under EU law. The CJEU ruled that LPP applies to all communications between EEA-qualified external lawyers and their clients, and is not limited to advice relating to the exercise of the (...)
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On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A (...)
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Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under that provision whether the transaction as such constitutes an abuse of a (...)
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On 18 May 2022, the EU General Court (GC) upheld the European Commission’s (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms that structures such as the one at issue are not allowed under EU law (...)
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The French Competition Authority (’FCA’) has unconditionally authorized the acquisition of furniture retailer Conforama by Mobilux under the failing firm defence (’FFD’). Background On 8 July 2019, Mobilux group (’Mobilux’) announced its intention to acquire Conforama. Mobilux is the (...)
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On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de Participation ("COFEPP") EUR 7 million for both (i) failure to notify its merger with Marie Brizard Wine & Spirits ("MBWS") and (ii) completion of the merger prior to the FCA’s approval. The FCA launched the (...)
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The timing of this latest work in the impressive series of Concurrences projects could hardly have been more apt. 2020 was a bumper year, in both EU and national courts, for judgments involving judicial review of enforcement decisions in unilateral cases. At the same time, however, of the most significant unilateral cases pending before the General Court, three – Intel (on renvoi), Google (shopping) and Google (Android) are, at the time of writing, still in délibéré, with judgments expected later this year or next. Lawyers, economists and, above all, businesses at risk of being regarded as dominant, especially in the digital sector, will be looking to the judgments in these cases, each of which has its distinctive facts, to clarify the analytical framework for determining whether, and specifically why, unilateral conduct of a dominant undertaking crosses the – sometimes all too obscure – line into transgression. It, therefore, seemed to the Editors that, while waiting for these three judgments (and then, in all probability, the results of any appeals), many practitioners might find it useful to look back over recent years to see how the judicial review of decisions of competition authorities, both Commission and national (NCAs), has evolved.
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On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the (...)
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In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez’s gun jumping claim and provides further clarifications on the scope of the exemption to the standstill obligation in the case of two-step acquisitions encompassing a public (...)
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The EC is seeking to investigate the mobile payments sector by launching two tenders by the end of October for the provision of expert reports on the sector. The first tender aims to “gather informed knowledge, in the form of a report, about the state and evolution of contactless and mobile (...)
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A recent speech by the European Commission’s (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a better life for everyone", "saved customers billions of euros each (...)
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent speech by the European Commission’s (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of (...)
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This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") (...)
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The previous foreword for this publication was written in April 2011 by Ian S. Forrester, a long-time advocate of due process, and now a judge at the General Court of the EU. A few months later, the European Court of Human Rights adopted its landmark judgment in Menarini, ruling that, in (...)
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Introduction On 10 March 2016, the European Court of Justice issued a landmark ruling annulling European Commission decisions requesting information from cement manufacturers, on the ground that the decisions did not sufficiently explain why the information requested was necessary . This (...)
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Abstract: The Galp case provides helpful clarifications on the judicial review of competition law decisions: • The review of legality implies the review of all the elements of a Commission decision, including new evidence submitted for the first time by the applicant in the course of the (...)
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This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the (...)
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Introduction On 11 September 2014, the Court of Justice (ECJ) rendered its judgment in the Cartes Bancaires case . The ECJ quashed the General Court (GC) judgment for failing to correctly apply the notion of restriction by object. The Cartes Bancaires contains two key messages: first, the (...)
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In merger control, gun-jumping refers to two distinct types of prohibited practices: failure to notify authorities of a transaction triggering merger thresholds, and implementing a notified transaction before receiving merger clearance from the relevant merger authority. Both behaviours can (...)
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This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Executive Summary On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the (...)
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Interview conducted by Jérémie Jourdan, Partner, White & Case, in Brussels and Paris. ********** You became Hearing Officer for competition proceedings at the European Commission in 2010. The following year, Decision 2011/695/EU of the President of the European Commission redefined (...)
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Competition Case Law Digest 5th Edition - A Synthesis of US, EU and National Leading Cases
Price
€290.00
2018 Competition Case Law Digest - A Synthesis of EU and National Leading Cases
