University Paris-Panthéon-Assas

Laurence Nicolas-Vullierme

University Paris-Panthéon-Assas
Professor (University Paris II)

Laurence Nicolas-Vullierme is a senior lecturer in private law at the Panthéon-Assas University of Paris (Paris II). After teaching at the University of Münster in Germany (WWU Münster), since 2013 she offers a competition law seminar at the University of Cologne (Universität zu Köln). She holds a postgraduate degree in international commercial law at the WWU Münster and a doctor degree with a European label (price Albert Wahl). She has published a book in European and French competition law (Vuibert 2011, 2d edition) and several studies in competition law for the Editions Lexis-Nexis and Concurrences review. Her research fields are in particular competition law and Franco-German comparative law.

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Articles

95396 Review

Laurence Nicolas-Vullierme Droit de la concurrence (ed.2)

80

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 (...)

Laurence Nicolas-Vullierme Effect on trade: The Paris Court of Appeal makes a mistake in the interpretation of the “effect on trade concept” (Digicel Antilles Françaises Guyane)

1451

Does the Paris Court of Appeal have any accounts to settle with EU law? After a questionable interpretation of the threshold of sensitivity in the online travel sales case (see ConcurrencesNo. 2-1010, p. 73, comm. L.N.V. COMM.), it surprises once again with its interpretation of the effect on (...)

Laurence Nicolas-Vullierme Proof of the participation in the cartel: The Paris Court of Appeal departs from the French Competition Authority decision on proof of the participation in the cartel and on aggravating circumstances (Colas Rail a.o.)

1185

CA Paris, ch. 5-7, June 29, 2010, Colas Rail e.a.against Aut. conc., Dec. no. 09-D-25 of 29 July 2009 on the practices of companies specialising in railway track work On 29 June 2010, the Paris Court of Appeal handed down its ruling in the railway works case. It is recalled that five public (...)

Laurence Nicolas-Vullierme Commitments - Standards: The French Competition Authority receives commitments to open the standard applicable to electronic coupon discount (HighCo ; Sogec ; Perifem )

1123

Concordance No. 10-D-20 of 25 June 2010 on practices implemented in the couponing sector. Discount coupons used in mass distribution are becoming increasingly popular and the recent emergence of dematerialised coupons, distributed via the Internet or SMS, is reinforcing this success. However, (...)

Laurence Nicolas-Vullierme Customer sharing - Capacity sharing: The French Competition Authority fines several companies in the sector handling of transport container (Handling of transport container sector)

1462

Aut. conc. dec. no. 10-D-13 of 15 April 2010 on practices implemented in the handling sector for the transport of containers at the port of Le Havre After the inauguration ceremonies of "Port 2000", would Le Havre - "the French capital of containers" - fall under the caudine forks of the (...)

Laurence Nicolas-Vullierme Existence of damage to the economy: The Court of Cassation censors the Paris Court of Appeal for insufficient proofs on the issue of existence of damage to the economy (Bouygues Télécom, SFR and Orange France)

1687

Cass. com, April 7, 2010, Bouygues Telecom, SFR and Orange France, no. 09-12984, 09-13163 and 09-65940, mobile telephony. Mobile telephony is definitely occupying a lot of the competition law columns. On April 7, 2010, the French Supreme Court once again partially overturned the decision of (...)

Laurence Nicolas-Vullierme Surprising interpretation of the sensitivity threshold: The Paris Court of Appeal confirms the decision of the French Competition Authority by proposing a surprising interpretation of the sensitivity threshold (Expédia ; Karavel ; SNCF)

2020

CA Paris, ch. 5-7, 23 February 2010, Expédia, Karavel, SNCF and others.against Cons. conc., Dec. no. 09-D-06 of February 5, 2009 relating to practices implemented by SNCF and Expedia Inc. in the online travel sales sector Would there be a new attempt to challenge the sensitivity threshold in (...)

Laurence Nicolas-Vullierme Mesures conservatoires: The Court of Cassation, just a month after acceptance of commitments, censors the Paris Court of Appeal for insufficient motivation (Orange / Apple / France Télécom)

1641

From the Garden of Eden to Steve Jobs’ iTech, apples are obviously still as... tempting! Before the release of the apple firm’s iPad may in turn spark a new - understandable - craze among consumers, the iPhone case, which one might have thought over because of the Competition Authority’s (...)

Laurence Nicolas-Vullierme Existence of a concerted practice: The Paris Court of Appeal confirms the existence of a concerted practice and the amount of fines (Temporary work)

1444

CA Paris, ch. 5-7, 26 January 2010, Adecco, ADIA, Manpower and others.against Cons. conc., Dec. no. 09-D-05 of 2 February 2009 on practices in the temporary work sector Appeals by temporary employment agencies against the Competition Council’s decision did not flourish before the Paris Court of (...)

Laurence Nicolas-Vullierme Public tenders: The Paris Court of Appeal upholds the decision of the French Competition Authority having condemned an exchange of information in a public tender (School transport in Pyrénées orientales)

1399

CA Paris, ch. 5-7, January 5, 2010, operating company of the company Pontasy, SARL and Transports Cerdans companyv. Council, Dec. No. 09-D-03 of 21 January 2009 on practices implemented in the school and interurban bus transport sector in the Pyrénées-Orientales department In the Eastern (...)

Laurence Nicolas-Vullierme Exclusivity clauses: The French Competition Authority condemns the telecommunication incumbent to a fine of € 63 M for non-compete and exclusivity provisions (Orange Caraïbe ; France Télécom)

2350

Aut. conc. dec. no. 09-D-36 of December 9, 2009, relating to practices implemented by Orange Caraïbe and France Telecom on various electronic communications services markets in the departments of Martinique, Guadeloupe and French Guiana In addition to the interesting issues of effect on trade (...)

Laurence Nicolas-Vullierme Effect on trade: The Paris Court of Appeal and the French NCA rule that anticompetitive practices located in the French overseas countries may affect trade between Member States (Chevron Products Company ; Shell ; Esso ; Chevron Global Aviation ; Total Outre-Mer ; Total Réunion ; Orange Caraïbe ; France Télécom)

2524

CA Paris, ch. 5-7, 24 November 2009, Chevron Products Company and others.v. Council, Dec. No. 08-D-30 of 4 December 2008 relating to practices implemented by the oil companies Shell, Esso SADF, Chevron Global Aviation, Total Outre-Mer and Total Réunion Aut. conc. dec. no. 09-D-36 of December 9, (...)

Laurence Nicolas-Vullierme Economic appreciation of the agreement: The Paris Court of Appeal confirms the decision of the French Competition Authority but for the publicity ordered by the authority (Shell ; Esso SADF ; Chevron Global Aviation ; Total Outre-Mer ; Total Réunion)

1983

CA Paris, ch. 5-7, 24 November 2009, Chevron Products Company and others.v. Cons. conc. 08-D-30 of 4 December 2008 relating to practices implemented by the oil companies Shell, Esso SADF, Chevron Global Aviation, [ Total Outre-Mer Total Réunion It will be recalled that four oil companies had (...)

Laurence Nicolas-Vullierme Notion of economic entity: The French Competition Authority declares inapplicable the prohibition of collusive practices to a vertical agreement in the sector of “ready-to-wear” (Secteur de la distribution de vêtement prêt-à-porter féminin et d’accessoires)

2447

– Aut. conc. dec. no. 09-D-23 of 30 June 2009 relating to practices implemented in the women’s ready-to-wear clothing and accessories distribution sector Can price clauses with a view to uniform marketing of products throughout the network of establishments in the national territory escape the (...)

Laurence Nicolas-Vullierme Ban on preliminary information exchange: The Paris Court of Appeal and the French Competition Authority recall that all but any exchange of information are prohibited before the offer deposit (Compagnie Française de Transport Interurbain ; Travaux publics d’électricité et d’éclairage public en Corse)

2338

Two new decisions sanction exchanges of information prior to the submission of bids. The first concerns calls for tenders from the city of Annecy and the Haute-Savoie General Council for coach transport. Of the 11 companies sanctioned by the Competition Council in its decision no. 08-D-33 of (...)

Laurence Nicolas-Vullierme Exchange of information - Market sharing: The French Competition Authority condemns five enterprises to a fine of over 4 millions euros in the earthmover sector (Travaux de voies ferrées)

1881

Const. dec. no. 09-D-25 of 29 July 2009 relating to the practices of companies specialising in railway track works Again and again! Despite the increase in the amount of the fines, offers of coverage in the public works sector still exist Referred to by the Minister of the Economy, the (...)

Laurence Nicolas-Vullierme Public tenders: The French Competition Authority closes the case for lack of evidence of an ant-competitive agreement (Construction works in the Rhône region)

2144

Const. dec. no. 09-D-20 of 11 June 2009 on the situation of competition in the road and road maintenance sector in the Rhône-Alpes Region The Competition Authority was asked by a company to rule on practices implemented during road works and maintenance. After questioning its competence (pts 55 (...)

Laurence Nicolas-Vullierme Public tender - Joint-submission: The French Competition Authority dismisses alleged anticompetitive and abusive joint submission to public tenders for lake of evidence (RTM-Veolia)

2328

Aut. conc., dec. no. 09-D-18 of 2 June 2009 relating to the practices implemented on the occasion of the formation of the RTM-Veolia temporary grouping of companies with a view to its candidacy for the CPUMPM public service delegation for the operation of the tramway network of the city of (...)

Laurence Nicolas-Vullierme Right of defence: The Paris Court of Appeal refuses to dismiss evidence based on recorded messages obtained unfairly, in the name of the protection of economic public order (Philips)

2035

CA Paris, 1st ch. H, 29 April 2009, Sony, Philips and others.on remand after cassation, against Cons. conc. 05-D-66 of December 5, 2005, Consumer Electronics Products Sector Despite the cassation of its judgement on 3 June 2008 for failure to respect the right to a fair trial in the consumer (...)

Laurence Nicolas-Vullierme Professional orders: The French Competition Authority rules that a professional society cannot impose on its members the use of specific suppliers (Conseil régional de l’Ordre des pharmaciens de Basse-Normandie)

1972

Aut. conc. dec. no. 09-D-17 of 22 April 2009 relating to practices implemented by the regional council of the Basse-Normandie Order of Pharmacists Such is taken who thought to take! This is how the case of the practices of the Regional Council of the Order of Pharmacists of Lower Normandy that (...)

Laurence Nicolas-Vullierme Public tenders: The Paris Court of Appeal dismisses the appeal brought against the Competition Council decision in the sector of defibrillators (Ela Medical)

2126

CA Paris, 1st ch. H, 8 April 2009, ELA Medical SAS and others.against Cons. conc., Dec. no. 07-D-49 of 19 December 2007, supply of cardiac defibrillators to hospitals In the context of the supply of implantable cardiac defibrillators to public hospitals, the Paris Court of Appeal dismissed the (...)

Laurence Nicolas-Vullierme Justification: The French Competition Council renounces to follow up the procedure admitting the existence of mystakes from the IT system (Conseil général de l’Isère)

2262

Aut. conc. dec. no. 09-D-13 of 25 March 2009 relating to a referral from the Isère General Council concerning a call for tenders for the development of two roundabouts During a tender procedure launched by the department of Isère for the construction of two roundabouts, the four bids received by (...)

Laurence Nicolas-Vullierme Internet exclusive distribution: The French Competition Council fines the rail incumbent for vertical agreement in the transport sector (SNCF - Expedia)

2982

Conc. conc. dec. no. 09-D-06 of February 5, 2009 concerning practices implemented by the SNCF and Expedia Inc. in the online travel sales industry This decision follows the referral to the Competition Council by online travel agencies concerning practices by one of their competitors, Expedia, (...)

Laurence Nicolas-Vullierme Exchange of information: The Paris Court of Appeal, ruling again after the judgement of the Supreme Court, refuses to cancel the decision and follows the motivation of the French Competition Council’s decision (Orange / SFR / Bouygues Telecom)

2570

CA Paris, 1st ch. H, 4 February 2009, Apple Sales International and others.against Cons. conc., Dec. no. 08-MC-01 December 17, 2008, distribution of iPhones The telecommunications sector is definitely a hot topic. Two decisions of the Paris Court of Appeal will catch our attention in this (...)

Laurence Nicolas-Vullierme Complex infringment: The French Competition Council condemns 5 undertakings to a fine of over € M 94 in the interim work sector for collusive practices ("Interim work")

3559

Conc. conc. dec. no. 09-D-05 of February 2, 2009 relating to practices implemented in the temporary work sector 94 million on the basis of Article 81 TCE and Article L. 420-1 C. com. for having concerted on the level of sales prices or on end-of-year discounts or on the retrocession of social (...)

Laurence Nicolas-Vullierme Fine mitigating: The Paris Court of Appeal mitigates the fine due to lack of notification of an objection in the statement of objections (Toys distribution sector)

2257

CA Paris, 1st ch. H, 28 January 2009, Coopérative de commerçants-rétaillants EPSE Joué Club e.a.v. Council, Dec. No. 07-D-50 of 20 December 2007, toy distribution sector Various toy producers and distributors have lodged appeals against Competition Council Decision No 07-D-50 of 20 December 2007 (...)

Laurence Nicolas-Vullierme Exchange of information: The French Competition Council condemns transports companies for exchange of information and market sharing cartel in a public tender (School transport)

2377

Cons. conc. dec. no. 09-D-03 of 21 January 2009 relating to practices implemented in the school and interurban bus transport sector in the Pyrénées-Orientales department In March 2002, a call for tenders was launched in the Pyrénées-Orientales department to organise school transport by coach. This (...)

Laurence Nicolas-Vullierme Telecommunications - Interim measures: The French Competition Council orders Apple and France Telecom to suspend the exclusivity stipulations of their agreements (Orange / Apple)

2783

Conc. conc. dec. no. 08-MC-01 of December 17, 2008 relating to practices implemented in the distribution of iPhones On September 18, 2008, Bouygues Telecom brought an action before the French Competition Council in relation to practices implemented in connection with the distribution of the (...)

Laurence Nicolas-Vullierme Proof of exchange of information: The Court of Cassation confirms the Paris Court of Appeal’s decision on the absence of the cartel’s proof (Travaux de canalisations dans le département du Morbihan)

2694

Cass. com, 16 December 2008, Minister of the Economy v Devin Lemarchand and others, No. 08-11418, "Public contracts for sewerage works in the department of Morbihan". In the case of public sewerage contracts in the Morbihan department, the Court of Cassation dismissed the Minister’s appeal (...)

Laurence Nicolas-Vullierme Art. 22 EC Reg. 1/2003: The French Competition Council condemns four petroleum societies to a fine of 41 millions euros thanks to Art. 22 EC Reg. 1/2003 (Shell, Esso, Chevron, Total)

2614

Conc. conc. dec. 08-D-30 of December 4, 2008 relating to practices implemented by the oil companies Shell, Esso SAF, Chevron Global Aviation, Total Outre-Mer and Total Réunion. Having noted an abnormal procedure during calls for tenders issued to oil companies for its fuel supplies to Réunion in (...)

Laurence Nicolas-Vullierme Professional association - Taxis: The French Competition Council fines an association of taxi drivers and its members for setting up artificial barriers to entry on the market by controlling the delivery of licences (Taxis Alpes-de-Haute-Provence)

3432

Conc. conc. dec. n° 08-D-23 of October 15, 2008 relating to practices implemented by the union of taxi craftsmen and entrepreneurs of Alpes-de-Haute-Provence and some of its members An artisan taxi driver has referred to the Competition Council practices implemented by the union of taxi drivers (...)

Laurence Nicolas-Vullierme Public tender: The French Competition Council fines several expert-surveyors for market sharing in the sector of road works (Routes départementales du Haut-Rhin)

2715

Conc. dec. no. 08-D-22 of October 9, 2008 relating to practices implemented by expert surveyors in the context of public contracts in the department of Haut-Rhin Once again, the Competition Council was seized by the Minister of Competition with respect to practices carried out by expert (...)

Laurence Nicolas-Vullierme Collecting societies: The European Commission challenges the standard contract of CISAC and territorial restrictions, but does not challenge the mechanism of reciprocal representation (CISAC)

2847

EC Comm., dec. C(2008) 3435 final, 16.07.08, CISAC, case COMP/38.698 The Board had to deal with two complaints about the administration of copyright in musical works. The first complaint from the RTL group alleged that GEMA, a German copyright society, had refused a licence for its music (...)

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