CRA International (Paris)

Laurent Flochel

CRA International (Paris)
Vice President

Laurent Flochel joined CRA in 2007 after an academic career. Previously he was Professor of Economics at the University of Lyon. He was also a Scientific Advisor with the Council of Economic Analysis (CAE) of the French Prime Minister for three years. His experience covers all fields of competition law: merger control, abuse of dominance, cartels, exchanges of information, vertical restraints, etc. He has advised companies in the fields of luxury products, pharmaceuticals, agro-alimentary, telecoms, audio-visual, transportation, press distribution, temporary work, armament, distribution and books. He intervened in procedures before the European Commission, National Competition Authorities (France and Switzerland), various courts of appeal, commercial courts and the International Chamber of Commerce. He is also experienced in damage evaluation (follow-on of competition cases or commercial damages cases) and he intervened in international arbitration procedures before the ICC or for damage claims before commercial courts. He also advises companies on regulatory issues.

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23509 | Events


74255 Review

Laurent Flochel Horizontal mergers : The UPP, GUPPI and IPR tests


This article presents the new unilateral effects tests in horizontal mergers which are intended to act as an initial filter to identify concentrations requiring closer scrutiny by the competition authorities. I. Introduction 1. The revision of the US Horizontal Merger Guidelines has given (...)

Catherine Prieto, Laurent Flochel, Peter Eberl, Thibaud Vergé Conference - Reform of vertical distribution - Roundtable I : A stronger economic analysis : Market power, efficiency gains... What changes for the new approach? (Paris, 27 May 2010)


This first roundtable of the conference “Reform of vertical distribution”, Paris, 27 may 2010, is dedicated to the role of economic analysis. The economists insist that the reform is a mere update of the vertical guidelines rather than a massive change with regard to economic analysis. It is (...)

Laurent Flochel Short term costs and predatory pricing


This short article summarizes the main points of the training course Law & Economics on November 25th 2009 on “short term costs - Application to predatory prices”. I. Introduction 1. Predatory pricing tests are numerous and each adapted to a specific context and practice: predatory pricing, (...)

Laurent Flochel Foreclosures test: A unified conceptual framework


This article presents in a unified conceptual framework the anticompetitive foreclosure tests. Such practices include predatory prices, margin squeezes, loyalty rebates or bundling and tying rebates. I. Introduction 1. Prediction testing is the subject of much academic and practical debate (...)

Laurent Flochel Competition between firms part of a system good


This article examines competition between two firms offering all or part of a “system good” consisting of a combination of several complementary components. Such systems can be open, in the sense that they allow all components to be com-bined together, or instead closed. In the latter case, only (...)

Laurent Flochel Structural merger remedies: An economic point of view


Within the framework of merger control, companies are often brought to propose or negotiate structural remedies to limit the potential anti-competitive effects of the operation. This article shows that economic theory analyzes the effects of such structural remedies in an opposite way according (...)

Laurent Flochel Electricity: The French Competition Council orders EDF to market base-load electricity to alternative suppliers in order to allow them to effectively compete with the incumbent operator’s retail sales on the free market (Direct Energie)


Conc. conc. dec. no. 07-MC-04 of 28 June 2007 relating to a request for precautionary measures from the company Direct Energie Rarely has the move to open up to competition gone so unnoticed, and it took the media intervention of the Competition Council to publicize the process. Since 1 July (...)

Laurent Flochel Exclusionary practices: The European Commission imposes a fine of € 151 million for over five years of unfair prices in the Spanish broadband market (Wanadoo Espana/Telefonica)


EC Commission, 4 July 2007, Telefonica S.A., Case COMP/38.784 The incumbent telecoms operator Telefonica has been fined by the Commission over €151 million for excluding its competitors from the market for high-speed internet access. Ironically, the complainant in the case is the Spanish (...)

Laurent Flochel Essential facility: The French Competition Council accepts the request for precautionary measures for abuse of dominant position due to the access conditions to a telecommunications essential facility (Solutel)


The company Solutel is involved in carrying out work on the private domain to connect users to the France Telecom network. Until now, France Telecom was the only company to offer this service. The customers are property developers and developers. The connection is made at a point on the (...)

Laurent Flochel Exit clause: The French Competition Council accepts the request for precautionary measures for abuse of dominant position due to the conditions of an exit clause (Emettel)


Conc. conc. dec. no. 07-MC-02 of May 2, 2007 relating to a request for precautionary measures presented by Emettel A few months before the opening of its market to competition, TDF had signed exclusive or quasi-exclusive contracts with its customers, the television channels, for a period of (...)

Anne Wachsmann, Charles Pommies, Laurent Flochel Predatory pricing: The French Competition Council imposes a heavy fine for predatory prices aimed at impending the growth of generic medicines in hospitals (GlaxoSmithKline)


Cons. conc. dec. no. 07-D-09 of 14 March 2007 relating to practices implemented by the GlaxoSmithKline France laboratory Two decisions, one French, the other Community, relating to predatory pricing, differ significantly on the criteria applied to classify predation practices (see (...)

Laurent Flochel Vehicle repair - Abuse of dominant position: The French Competition Council rejects the request for precautionary measures against Citroën (Autodistribution - Citroën)


Concordant Consent, Dec. 06-D-27 of 20 September 2006 relating to a request for precautionary measures presented by Autodistribution and AD Net against practices implemented by Automobiles Citroën. The Competition Council has rejected the request for protective measures made by Autodistribution (...)

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