University Paris-Panthéon-Assas

Laurence Idot

University Paris-Panthéon-Assas
Professor

Laurence Idot, professor emeritus of the University Paris II Panthéon-Assas, is the President of the Scientific Committee of Concurrences Review. Doctor in Law ( 1981), full professor of law ( 1982), Laurence Idot taught European Law and Competition Law at the University Paris I Panthéon-Sorbonne University (1993-2007) and at the University Paris II Panthéon-Assas (2007 to 2018). Member of the College of the French Competition Authority from 2009 to 2019, Laurence Idot has also worked as an arbitrator, practitioner and consultant. Author of numerous articles and publications on European law and competition law and member of scientific committees of various French and foreign journals, she is also co-director of the magazine Europe since its creation in 1991. She has also an active role in many academic associations and is a Honor President of the French Association for the Study of Competition (AFEC).

In order to honour Laurence Idot, Concurrences has published a Liber Amicorum Tribute, Laurence Idot: Concurrence et Europe (Vol. I & II).

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Laurence Idot (University Paris II Panthéon-Assas)
Laurence Idot 11 June 2018 Paris
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Laurence Idot - New Frontiers of Antitrust 2016
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Laurence Idot 12 May 2016 Paris
Laurence Idot - New frontiers of antitrust 2015
Laurence Idot 15 June 2015 Paris
Laurence IDOT - Université Paris 2 Panthéon-Assas - Autorité de la concurrence
Laurence Idot 30 September 2014 Paris

Articles

249834 Review

Vincent Vigneau, Laurence Idot Vincent Vigneau (French Supreme Court): The adaptation of the judiciary to the challenges of competition law in the age of digital technology and compliance

365

Interview conducted by Laurence Idot, Emeritus Professor, University Paris-Panthéon-Assas ********** General Mr. Chairman, you’re not necessarily known to the "concurrentialists". Could you tell us about your career prior to presiding over the Commercial Chamber of the French Supreme (...)

Laurence Idot DMA: The French Supreme Court and the French Competition Authority each issue an opinion on the French bill to transpose the Digital Markets Act, adopted by the European Commission and now in force

161

Necessary for the entry into force on May 2, 2023 of Regulation (EU) 2022/1925 of the European Parliament and of the Council of September 14, 2022, known as the DMA, the Commission’s implementing regulation, which had been put out to public consultation this winter, was finally adopted on (...)

Laurence Idot, David Bosco, Martine Behar-Touchais, Michel Debroux, Anne-Sophie Choné-Grimaldi, Benoît De Nayer, Pierre Petillault Digital market Act: Competition law and digital giants (Nanterre, April 1, 2022)

2859

Abstract This issue is devoted to the Digital Market Act (DMA) regulation adopted this summer and designed to closely monitor the practices and behaviors of the main players in the digital economy. This regulation aims to remedy the supposed flaws and failures of ordinary competition law, by (...)

Laurence Idot Distressed companies facing competition law sanctions

199

Article published in Mélanges en l’honneur de Corinne Saint-Alary-Houin, Un droit positif, un droit de progrès, LGDJ, 2020. The author’s views are purely personal. 1. The relationship between insolvency law and competition law is a particularly rich topic of reflection to which Corinne (...)

Laurence Idot Interim measures: The EU Commission issues, for the first time, a statement of objections informing the parties to the transaction of the interim measures it intends to adopt following an alleged breach of a standstill obligation (Illumina / Grail)

331

The proposed acquisition of Grail by Illumina has attracted attention from the outset as it is the first application of the new interpretation of Article 22 of the Regulation which allows for the referral to the Commission of transactions below the thresholds provided for by national merger (...)

Catherine Prieto, Laurence Idot, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cécile Rameau, Josep M. Carpi Badia, Étienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier da Silveira, Fatma El-Zahraa Adel The integration of public interest considerations in the application of competition rules (26 Nov 2020)

3422

The integration of public interest considerations is not only desirable, but possible because of the permeability of the competition rules to the reception of well-being by the competitive parameters of quality, choice and innovation in addition to that of price. The scope for progress depends (...)

Laurence Idot, Guillaume Daieff, Isabelle De Silva, Linda Arcelin, Odile Mathilde Boudou, Jean-Louis Fourgoux, Yann Utzschneider, Anouk Clamens, Christophe Lemaire DDADUE bill: Simple adaptation or reform of French competition law?

3658

This set of articles is dedicated to the changes made to the French competition law by the DDADUE bill of December 3, 2020. Both the law on restrictive competition practices and the law on anti-competitive practices are affected by the necessary transposition of EU directives (directives (...)

Laurence Idot Brexit: The European Union and the United Kingdom conclude the Trade and Cooperation Agreement which contains three chapters on competition policy which govern the relationship between the two parties in this area

139

The effects of the United Kingdom’s exit on competition policy had already been dealt with in the withdrawal agreement which entered into force on 1 February 2020, in particular in Articles 92 to 95. These provisions only applied until the end of the transitional period, i.e. 31 December 2020. (...)

Catherine Prieto, Laurence Idot, Martine Behar-Touchais, Florian Bien, David Bosco, Josep M. Carpi Badia, Étienne Chantrel, Marta Giner Asins, Didier Theophile, Simon Vande Walle, Jérôme Vidal Towards a European merger control network

1480

The European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition (...)

Stephen Blake, Laurent Geelhand, Laurence Idot, Katrin Roesen, Corinne Dussart-Lefret The settlement procedure: Which enforcement in Europe? (Rendez-Vous de l’Autorité - Paris, October 2nd, 2018)

347

Three years after the introduction of the settlement procedure into the tools available to the Competition Authority, the Authority was able to witness the success and the very strong development of this procedure, with companies increasingly soliciting its application. Before the adoption of (...)

Eric Barbier de la Serre, José María Marín-Quemada, Laurence Idot Competition authorities: Towards more independence and prioritisation? (New Frontiers of Antitrust - Paris, 26 June 2017)

616

Independence and transparency go hand by hand and are of the utmost importance for competition authorities. Transparency is a safeguard for independence. Competition authorities must be independent by definition regarding both the public and the private sector. Total independence should be (...)

Alex Petrasincu, Cristoforo Osti, Florian Wagner-von Papp, Frank Kroes, Laurence Idot Disclosure of evidence included in the file of a competition authority (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

447

The disclosure provisions of the EU Damages Directive allow national courts to order competition authorities to disclose certain documents and information in damages proceedings. In addition, private parties can also be ordered to disclose certain evidence that they have obtained through (...)

Cristoforo Osti, Florian Bien, Florian Wagner-von Papp, Frank Kroes, Laurence Idot Private damages actions before and after the implementation of the Directive (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

2109

The majority of Member States have implemented the European Directive on Private Damages Actions for Breach of Competition Law, into their respective law, albeit with some delay. In particular, England, Germany, and the Netherlands, but also France and Italy have faced a certain number of (...)

Florian Wagner-von Papp, Frank Kroes, Jochen Bernhard, Laurence Idot, Marcella Negri Disclosure of documents that lie in the control of the parties (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

602

Article 5 of the Damages Directive requires Member States to enable courts to order disclosure of evidence under certain qualifying conditions, while protecting the rights of parties and third parties, in particular confidential information. This is an area in which common law jurisdictions (...)

Jith Jayaratne, Laurence Idot, Wei Tan Cross Border Merger Controls and Notifications in the Asean Context (ASEAN Antitrust: The Future of Competition Law and Policy in the ASEAN Countries, Singapore, 24 April 2015)

418

The conference that took place in Singapore on the 23rd of April 2015 dealt with the future of competition law and policy in the ASEAN countries. The speakers of this panel mainly discuss three topics: the economic context of mergers in Indonesia and Singapore; convergence and differences on (...)

Laurence Idot Reform of Regulation 1/2003: Power to set enforcement priorities

899

According to the Commission’s report for the 10th anniversary of Regulation 1/2003, “there is a need for further convergence on the ability of the authorities to set priorities in the exercise of their tasks”. The position of the author, based upon the French experience, is more nuanced. (...)

Frederic Jenny, Laurence Idot, Nicolas Charbit Concurrences: Ten years and a question

702

In September 2004, Concurrenceswas a project. Ten years later, in September 2014, Concurrencesis still a project, but a project in constant evolution. On the occasion of the 10 years, the founders’ wish was not so much to celebrate an anniversary, an overly narcissistic exercise, but to look (...)

Laurence Idot The State Aid Modernization

1130

Launched on 8 May 2012, the State Aid Modernization (SAM), which was sought by Commissioner Almunia and will mark his mandate, has almost been completed. Many texts, including the new GBER were adopted at the beginning of the summer. Only one notice on the concept of state aid is still (...)

Caroline Naômé, Jacques Steenbergen, Laurence Idot Interplay between public and private enforcement: Uniform implementation of EU competition law and the principle of ne bis in idem (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014)

789

Two themes were covered in the roundtable. The principle of ne bis in idem concerns the interplay between different procedures of sanctions of a public nature. The interplay between public and private enforcement has been considered in the draft damages directive and in the French case-law, (...)

Chris Fonteijn, Laurence Idot, William E. Kovacic Detection of anticompetitive practices: Should existing tools be revised or new tools introduced? Leniency, market surveys, financial reward... (New Frontiers of Antitrust, 21 février 2014, Paris)

933

This first roundtable of the conference “New frontiers of Antitrust”, Paris, 21 February 2014, was dedicated to the detection of anticompetitive practices. Although competition authorities are provided with significant investigative resources, the discussions goes on about the need to dispose (...)

Carles Esteva Mosso, John Terzaken, Laurence Idot, Maurice Stucke Private enforcement: Will the wave be coming from Brussels, London, Paris or... elsewhere? (New Frontiers of Antitrust, Paris, 22 February 2013)

1274

This third roundtable of the conference “New frontiers of Antitrust” (Paris, 22th of February 2013) was dedicated to "Private Enforcement, the wave does come from Brussels, London, Paris or elsewhere? ". In the first contribution, Laurence Idot, professor at the Paris II University, provides (...)

Laurence Idot Social enterprises and competition law

1125

The so-called Social Economy, including cooperatives, mutual societies, non-profit associations, foundations and social enterprises, provides a wide range of products and services across Europe and generates millions of jobs. In France, it represents 10 % of GDP. It is sometimes presented as (...)

Laurence Idot The convergence of competition laws

1665

Convergence of antitrust laws has become a reality. This article provides a general view on this phenomenom both within the European Union and worldwide. Within the European Union, a paradoxical situation has arisen since, in spite of the “one stop shop system”, convergence is stronger in (...)

Laurence Idot Competition law and environmental protection

2030

Unlike the position adopted by some specialists in environmental law, the author asserts that the Lisbon Treaty does not change the interplay between competition law and environmental law. Based on the latest developments, the article aims at showing that the control of enterprises by the (...)

Laurence Idot Soft law and competition law

1223

The increasing development of soft law in competition law can be observed in every component (antitrust, merger control…) and within the whole European Union. The consequences of such a phenomenom shall be analysed both upstream on the process of creation of the rule, but also downstream, (...)

Eric Barbier de la Serre, Guy Canivet, Henk Don, Laurence Idot, Siún O’Keeffe TR II - Procedural autonomy: Is it time for convergence in Europe? (New Frontiers of Antitrust Conference - Paris, February 10th 2012)

1186

This second roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to procedural autonomy with regards to competition law enforcement. After a short introduction by Guy Canivet, member of the French Constitutional Council, Éric Barbier de la Serre, (...)

Laurence Idot The concept of undertaking in competition law

2129

This paper was presented at the University of Nice in the framework of a colloquium in the honor of Professor A. Pirovano. It studies the different uses of the concept of “undertaking” or “entrerpirse” in the different components of EU competition law with references to French law. 1. While (...)

David Miguel Ortega Pecina, Laurence Idot, Phillip Evans, William E. Kovacic Consumers associations in competition proceedings: Why so little engagement? (New Frontiers of Antitrust Conference - Paris, 11 February 2011)

1416

This third roundtable of the conference "New frontiers of Antitrust", Paris, 11 February 2011, was dedicated to the role of consumers associations in competition proceedings. According to William E. Kovacic, Commissioner at the US Federal Trade Commission, competition and consumer protection (...)

Laurence Idot The role of competition authorities in European energy policy

1556

This text is the written version of a presentation limited to the competition policy made at the Paris colloquium of November 2010 on the "Energy Policy of the European Union". The purpose of the article is to study the action of the Commission and NCA, including the opening to competition in (...)

Dominique de Gramont, Jacqueline Riffault-Silk, Jean-Daniel Bretzner, Laurence Idot, Louis Martin, Marie-Hélène Huertas, Martine Behar-Touchais, Michel Ponsard, Muriel Chagny, Valérie Pironon, Yann Utzschneider Contractual practices and competition (Paris, October 25th 2010)

3636

This article reproduces the opening papers delivered at the AFEC conference on contractual practices and competition law in Paris on October 25, 2010. According to the Professor Chagny, the examination of the links between contractual practices and competition law lato sensu reveals (...)

Laurence Idot Arbitration and competition law

1128

Competition authorities have recently discovered arbitration. OCDE’s Competition Policy Committee orgnanized in October 2010 a session on this topic. Arbitration may be used in two different contexts. In the field of private enforcement, arbitral tribunals may have the same role as ordinary (...)

Laurence Idot Due process and the art of fining: The French example

351

In this presentation made for the XVIII th ICF St Gallen Conference in the roundtable on "Due process and the art of fining", the author examines the French system. Unlike the European Commission, there is a clear cut within the French Competition Authority between the Investigation Services (...)

Antoine Winckler, Bo Vesterdorf, Douglas Miller, John M. Connor, Laurence Idot, Wouter Wils Sanctions: Is more always better? (New Frontiers of Antitrust Conference - Paris, 15th February 2010 - Panel III)

3120

Sanctions: Is more always better? Introduction Laurence IDOT Professeur à l’Université Paris II-Panthéon Assas Présidente du comité scientifique de Concurrences 1. Après les enquêtes et le rôle de l’économie comportementale dans l’appréciation des comportements, voici venu le temps des (...)

Laurence Idot General overview on regulation n°1/2003

445

An exhaustif state of play on the Regulation n°1/2003 can not be drawn in the limited scope of this study, for that reason we will limit ourselves to the French situation. A first step of this study will necessarily be the technical aspect of the enforcement . A second aspect of this study is (...)

Laurence Idot Focus on "mutations" of State aid law

2912

State aid policy, a specificity of European Union law, is at the heart of the current financial and economic crisis. Although such an evolution could not have been foreseen, the review of this policy, in the context of the Lisbon strategy, has been at the heart of the EU Competition Policy (...)

Andrei Gurin, Catherine Brel, Jacqueline Riffault-Silk, Joseph Vogel, Laurence Idot, Marie Malaurie-Vignal, Muriel Chagny, Nicolas Guérin, Reine-Claude Mader Saussaye, Robert Saint-Esteben, Thibaud Vergé, Wilfried Guerrand Conference: Distribution on Internet and Antitrust (AFEC, Paris, 5 October 2009)

5643

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 (...)

Laurence Idot The anticompetitive object is back...

4695

Recent case law from the Court of justice of the European Communities has casted doubts on the interpretation of the notion of anticompetitive object, in stern contrast with economic analysis which lead to greater attention given to the effect of anticompetitive practices. It is understood (...)

Dominique Thesmar, Gilbert Parleani, Jean-Bertrand Drummen, Jean-Louis Fourgoux, Laurence Idot, Martine Behar-Touchais, Muriel Chagny, Valérie Michel Amsellem, Yann Utzschneider Colloque: Restrictive trade practices under the LME Act (AFEC, Paris, 6th October 2008)

4941

Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences Madam President, Ladies and Gentlemen, Dear friends, As the afternoon is busy, I will not go into the substance of the colloquium, but on behalf (...)

Bruno Lasserre, Claude Lazarus, Francis Amand, Frederic Jenny, Jean Courtial, Laurence Idot, Stanislas Martin, Thomas Hoehn Conference: Merger remedies under the new French regime (Paris, 18 12 2008)

5155

Since its creation in 2004, the journal Concurrences has been organizing a colloquium. The topics covered have naturally been varied: from the adaptation of the French system to Regulation 1/2003 to the place of competition in the Treaty of Lisbon, through banking and finance issues and the (...)

Alain Ménéménis, Arnaud Nuyts, Catherine Kessedjian, Catherine Prieto, Christophe Lapp, Claire Favre, Denis Mazeaud, Emmanuelle Claudel, Frederic Jenny, Hélène Gaudemet-Tallon, Jean-Louis Fourgoux, Jean-Marc Kiviatkowski, Joelle Simon, Laurence Idot, Louis Vogel, Marie-Laure Niboyet, Michael Wilderspin, Rainer Becker, Soraya Amrani-Mekki, Yves Gaudemet Conference: The EC White Book on competition private enforcement (Paris, 13 06 2008)

7230

Whereas in the enforcement system of Articles 81 and 82 EC resulting from Regulation No 17/62, it was usual to distinguish between the application of these texts, on the one hand, by the Commission and, on the other hand, by the national authorities and courts, which led to a preference for a (...)

David Sevy, Frederic Jenny, Jérôme Philippe, John Kallaugher, Kay Parplies, Laurence Idot, Luc Gyselen Anticompetitive foreclosure and the coherence of competition policy towards vertical restraints

6824

Recent case law of the European Courts, the recent guidelines of the European Commission on non-horizontal mergers, the decisional practice of the European Commission as well as that of various national competition authorities and courts seem to focus on the possible anticompetitive (...)

Alain Ronzano, Christophe Lemaire, Laurence Idot, Nicolas Charbit, Robert Saint-Esteben, Valérie Michel Amsellem Laurence Idot (University Paris II Panthéon-Assas) - Valérie Michel-Amsellem (French Civil Supreme Court) - Robert Saint-Esteben (Bredin Prat): Reform of French competition law

9660

At the beginning of 2007, the magazine Concurrences published the cross interviews of the two main candidates in the French presidential election. Ms. Ségolène Royal and Mr. Nicolas Sarkozy agreed to contribute to the debate by answering a series of questions on national and Community (...)

Laurence Idot Public tenders and competition law

7573

1. The title of this communication calls for some introductory remarks. The expression "public procurement" was preferred to the more former "public procurement". This expression tends to impose itself in legal terminology French in that it allows for the reporting of the evolution of public (...)

Laurence Idot Conference - "Competition law and the Lisbon Treaty": Conclusions

5446

In the initial programme, Frédéric Jenny was expected to draw conclusions from this morning. As you can see, we have switched the roles, with Frédéric Jenny as the introductory speaker*. Undeniably, I lost in the exchange, as it is particularly difficult to sum up such a rich morning and I (...)

Laurence Idot The investigation powers of National Competition Authorities

487

The “procedural autonomy principle” leads to the application of national laws to Investigation powers of National Competition Authorities. The purpose of the article is to examine the consequences of the entry into force of the Regulation 1/2003. In the vertical relation (EU law/national law), (...)

Laurence Idot Banking, Finance and Competition: Conclusions*

3797

* This article by Professor Laurence Idot concludes the "Banking, Finance and Competition" symposium organized by the Concurrences Review and the RTDF Journal that was held on the 30th November 2006 in Paris. The oral style has been kept in this brief conclusion. 1. It’s an advantage to come (...)

Benoît Merkt, Christian Bovet, Constantine Partasides, Dámaso Ruiz-Jarabo Colomer, François Knoepfler, Laurence Burger, Laurence Idot Arbitration, competition law and public order

11476

EC Regulation n° 1/2003 increased the role of arbitrators, ordinary law judges of competition, in the same way than states judges. The meeting between arbitration and competition law nonetheless arises some particular issues due to a natural antagonism between the public order character of (...)

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)

18728

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 (...)

Laurence Idot Tying after Microsoft and GE Honeywell

9296

Laurence IDOT, Professor at the University of Paris I-Panthéon/Sorbonne The examination of tying and bundling practices has been the subject of a particularly abundant economic literature for several years, but the Microsoft and GE/Honeywell cases have revived the debate. These decisions (...)

Frederic Jenny, Laurence Idot, Nicolas Charbit Competitions !

7273

Concurrences is a workshop, a projects center dedicated to competition laws. In Europe competition law is not only part of Community law, but part of the 25 EU Member States national body of laws as well. It also reaches beyond European Economic Area. It is therefore no coincidence if a few (...)

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