Joseph Vogel

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

The SNCF, which has a monopoly on the French rail transport market, had concluded a partnership agreement with a travel agency that exclusively redirected its customers to their new joint online travel agency: the voyage-sncf.com website. The Paris Court of Appeal confirms the vertical cartel (...)

The De minimis communication of the European Commission defines under which conditions agreements between firms will not be considered to restrict competition in a sensitive way. The three contributions in this article discuss its effectiveness in promoting legal security for firms, especially (...)

Competition law violations give rise to various types of sanction: administrative, civil, penal or even professional. Frédéric Jenny analyzes the interest of each type of sanction, puts into context the expected deterrent effect of administrative sanctions and focuses on the need to determine the (...)

On 5 October 2005, the Commission imposed a fine of €49.5 million on a car manufacturer for adopting a series of measures to restrict parallel exports of its branded vehicles by its Dutch dealers. Between January 1997 and September 2003, this supplier allegedly implemented a bonus system (...)

In the event of new convictions for exchanging information prior to several invitations to tender, the Competition Authority defines the obligations of bidders in a permeable market. The operators had in fact invoked the impossibility of the cartel because of the porous nature of the (...)

The general terms and conditions of sale applied by a drug manufacturer to its wholesalers implied, because of a differential pricing system, more onerous conditions when the products were intended for export. Since the agreement had the object of restricting parallel trade, the cartel (...)

This set of three papers is derived from the training session organized by the Concurrences Review that was held on 29th March 2012 in Paris. For Gildas de Muizon, Economist and author of the second contribution, the market power of supermarkets must be assessed locally. For this it is (...)

Paradoxically, competition law today is frequently used more as a weapon of defence than to challenge networks, and notably against certain rules of national law. When relied on as a means of challenging networks, competition law is mainly used either to circumvent the networks, or to gain (...)

This set of three contributions are derived from the conference on "competition law and distribution" organized in Paris the December 14, 2011 by Concurrences Review and Vogel & Vogel. For Louis Vogel, author of the first contribution, the Court of Justice states in the Pierre Fabre case (...)

Numéricâble, a cable operator, obtained compensation before the Commercial Court of Paris for the damage suffered as a result of practices by France Telecom, or its subsidiary Wanadoo, that constitute disparagement (Cons. conc., Oct. 15, 2007) and predatory pricing (Comm. EC, July 16, 2003, (...)

After terminating the contracts of all the members of its network, a manufacturer grants one of its former partners the distribution of certain ranges of vehicles of its brand, excluding commercial vehicles (LCVs). The dealer holds the supplier liable for the loss of distribution of the LCVs, (...)

The Paris Court of Appeal (Nov. 24, 2009, LawLex200900003448JBJ) had condemned, on the basis of Article 101 TFEU, several oil companies for their participation in a cartel during the call for tenders organised by Air France for the supply of fuel for its stopover in Reunion Island. The Court (...)

Following a complaint, the Commission carried out an investigation in the video games sector, which revealed that between 1991 and 1997 a major Japanese producer and its distributors agreed to obstruct parallel trade and thus maintain artificially high prices in several Member States. As a (...)

The Competition Authority (AdlC) has taken up ex officio cases of practices implemented by companies operating in the port handling sector in Réunion. At the end of its investigations, it found that, after the entry into force of the Order of 1 December 1986 which liberalised the prices (...)

On December 21, 2010, the European Court of Human Rights had condemned the transitional arrangements for the judicial review of visits and seizures in the Canal Plus and Primagaz cases (CDC 01/2011). As early as 13 January, the Paris Court of Appeal ordered the reopening of the proceedings in (...)

The French Competition Authority (AdlC) has self-examined the obstacles to competition in the food-dominated retail sector posed by affiliation and franchise agreements and commercial property management arrangements. The AdlC underlines the excessive concentration of the sector: six groups (...)

This set of three papers is derived from the training session on the supplier-distributor relationships organised by Concurrences Review that has held on 22th October 2010 in Paris. The first contribution written by Mr.Joseph Vogel and Mr. Louis Vogel, is dedicated to the consideration of the (...)

This set of three papers is derived from the training session on the restrictions on Internet distribution organised by Concurrences Review that has held on 16th November 2010 in Paris. For Ms Lubek the current trade-off between the pro-competitive effects of Internet distribution and the (...)

Following visits and seizures carried out on its premises, a gas company had filed an application for leniency (C. com., art. L. 464-2, IV) with the DGCCRF and denounced cartels implemented by itself and its competitors in the packaged LPG sector, relating to prices or aimed at hindering the (...)

The French Competition Authority (AdlC) has self-examined the obstacles to competition in the food-dominated retail sector posed by affiliation and franchise agreements and commercial property management arrangements. The AdlC underlines the excessive concentration of the sector: six groups (...)

By a decision dated August 30, 2006 (LawLex200600001904JBJ), the French Minister of the Economy had authorized, in the pay-TV sector, the takeover of TPS by Vivendi Universal/Canal Plus Group. The Competition Authority is responsible for examining a posteriori the lawfulness of the exclusivity (...)

The Competition Authority had issued interim measures against Google which, in its view, had implemented its AdWords online advertising space sales service under conditions which were not objective, non-transparent and discriminatory towards a company active in the speed camera warning sector. (...)

In 2003, the Commission found that Deutsche Telekom (DT) had abused its dominant position on the fixed telephony market by charging its competitors wholesale charges for local loop access which were higher than the retail prices it charged its subscribers, thereby preventing its competitors (...)

Orange Caraïbe had been the subject of protective measures aimed at the cessation of practices of exclusivity, tariff differentiation, and club effect, likely to constitute anti-competitive practices (Cons. conc., Dec. 9, 2004, confirmed by Paris, Jan. 28, 2005). Five years later, the (...)

The Competition Authority has just condemned eleven banks for agreeing for five years on the fixed amount of interbank commissions charged for payments by cheque on the national territory. The consultation took place during meetings of the Inter-Network Commission, which was preparing the (...)

By a decision of 29 March 2006, the Commission condemned the abuse of a dominant position by the Tomra group, which had implemented an exclusionary strategy on the German, Dutch, Austrian, Swedish and Norwegian markets for automatic beverage packaging reclaimers by concluding agreements with (...)

This two short papers summarize the main points of the training course Law & Economics held on April 14th 2010 on “Complex pricing strategies” by Concurrences. In the first paper, the author underlines that complex pricing strategies deployed by dominant undertakings have often been targeted (...)

On 1 July 2010, the General Court of the European Union upheld the conviction of the AstraZeneca group for abuse of a dominant position. In 2005, the Commission had found two abusive practices: the group’s misleading statements to various national patent offices had allowed it to unduly extend (...)

The Commercial Chamber of the Court of Cassation rules for the second time in the mobile telephony case. A first appeal judgment (Paris, 12 Dec. 2006, confirming Cons. conc., 30 Nov. 2005) had been annulled for having condemned an exchange of information per se, rather than examining whether (...)

Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences 1. Mr President of the Commercial Court, Ladies and Gentlemen. Today is a first, and I am pleased about it. It is indeed the first time that an AFEC (...)

This paper is the print version of the talk given by Professor Louis Vogel and Me Joseph Vogel at the first session of the training cycle “Economics and competition law” launched by Concurrences Review, on 28 October 2009 in Paris, on substituability. The economists - Mme Anne Perrot, MM. (...)

Several direct or indirect subsidiaries of Akzo Nobel had been jointly and severally fined with it for a complex and continuous offence in which the parent company had not itself participated. On the basis of the market share of all the participating companies, the Commission imposed a fine of (...)

The rules of competition law applicable to the automobile sector are strongly marked by the automotive BER. All distribution and service agreements in force in this sector are built on the model required by the BER in order to benefit from the legal certainty associated with the block (...)

The Competition Authority was called upon to rule on pricing agreements allegedly implemented by a supplier and its distributors in the women’s ready-to-wear sector, described as a "free commercial deposit and sales management contract", which expressly excluded qualification as an agency (...)

The merger between Banque Fédérale des Banques Populaires (BFBP) and Caisse Nationale des Caisses d’Epargne (CNCE), which had been in the making since the creation of their joint subsidiary Natixis at the end of 2006 and which was precipitated by the financial crisis, has just given rise to the (...)

The Pôle 5 Chambre 7 of the Paris Court of Appeal has just handed down a decision, following a referral from the Court of Cassation, which is surprising in terms of both its operative provisions and its reasoning. It will be remembered that the Competition Council (Cons. conc, 23 Dec. 2004), (...)

Five mobile phone operators participate in a single meeting concerning a reduction in the remuneration of subscription resellers, during which they exchange confidential information. The anti-competitive purpose of the meeting is clear: resellers’ remuneration determines the price paid by the (...)

Short reaction on the comment related to the suspension of Orange’s exclusivity on Iphone Apple. Having had to deal with this case as Bouygues’ counsel Telecom, we would like in a few sentences to recall the evidence that appear to have guided the Court in its review of the Council’s decision. (...)

In its evaluation report published at the end of May 2008, the Commission found that the motor vehicle block exemption regulation (N° 1400/2002) was no longer adapted to the competitive situation of automobile distribution at present or for the years to come. Although the content of the report (...)