Herbert Smith Freehills (Paris)

Marie Louvet

Herbert Smith Freehills (Paris)
Of Counsel

Marie Louvet is counsel at Herbert Smith Freehills in Paris. Her practice focuses on EU and French competition law. Prior to joining Herbert Smith Freehills, she was an associate at Bredin Prat. Admitted to the Paris Bar in 2010, she is a graduate of ESCP-EAP and holds a Master 2 in business and economy law from the University Paris I-Panthéon Sorbonne.

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Herbert Smith Freehills (Melbourne)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Johannesburg)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)

Articles

1072 Bulletin

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Constitutional Council declares article L.462-2 of the French Commercial Code on fines for obstruction of an antitrust investigation to be unconstitutional (Akka Technologies)

222

On 26 March 2021, the French Constitutional Council declared unconstitutional Article L.462-2 of the French Commercial Code ("FCC") on obstruction to an investigation of the FCA. Pursuant to this provision, the FCA can set a fine for obstruction, the amount of which cannot exceed 1% of the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)

230

On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)

230

Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing (...)

10600 Review

Alexis Baudelin, Marie Louvet, Sergio Sorinas Alternative commitments: The French Competition Authority approves the acquisition of one of its main competitors by a major supplier in the gardening and DIY goods, pet supplies and outdoor arrangement retail distribution sector, subject to commitments (Jardiland / InVivo Retail)

321

The Authority has authorised, subject to undertakings, the acquisition of sole control of the Jardiland group by the InVivo group, France’s leading agricultural cooperative group at the head of the Gamm Vert, Delbard and Jardinerie du Terroir retail network. Jardiland and InVivo are active in (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Commitments: The French Competition Authority approves the acquisition of sole control of a supermarket and its commercial gallery by a food retailer in the French Overseas Territories (SDRO, Robert II / Bernard Hayot)

197

In a decision of 23 August 2018, the French Competition Authority authorised, subject to commitments, the acquisition of sole control of SDRO and Robert II by Groupe Bernard Hayot (GBH). The operation mainly concerned the food distribution sector in Martinique. GBH operates food and non-food (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Public interest review: The French Competition Authority takes note of the intention of the French Ministry for the Economy to carry out a public interest review (phase 3) of the acquisition of assets by a market player in the read-cooked meals sector (Cofigéo / Agripole)

410

This is a new episode in the takeover of the Agripole group’s ready-made meals division by Financière Cofigéo. This affair had already been commented on in this Chronicle (see ConcurrencesNo. 1-2018, pp. 127-128, obs. S. Sorinas and A. Baudelin) because the Authority, while deciding to open Phase (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Reform: The French Competition Authority announces new measures for the modernisation and the simplification of the French merger control regime (Modernisation and simplification of the French merger control regime)

313

Following its public consultation launched in October 2017 on simplifying and modernising merger control, the Authority announced by press release of 7 June the selected proposals in this respect. Simplification of the procedure for non-problematic operations The Authority thus announces (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Full-function joint venture: The French Administrative Supreme Court dismisses an appeal against the decision of the French Competition Authority clearing, subject to remedies, the creation of a full-function joint venture by two market players in the shipbuilding industry (OCEA)

538

In a decision dated May 25, 2018, the Conseil d’État dismissed the appeal filed by OCEA against the Authority’s decision No. 16-DCC-120 of July 28, 2016. on the creation of a full-function joint venture between DCNS and Piriou. The companies DCNS and Piriou, which are active in military (for (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Judicial review: The French Administrative Supreme Court dismisses an appeal against the decision of the French Competition Authority approving, subject to remedies, the acquisition of sole control of an undertaking by one of its competitors in the crop collection sector (Soufflet Agriculture et Sobra)

230

As was apparent from the rejection of the application for interim measures of suspension which had been lodged in this case, by order of 17 October 2016 (EC, 17 October 2016, No. 403730, obs. S. Sorinas and A. Baudelin, ConcurrencesNo. 1-2017, pp. 141-142.), the Conseil d’État also dismissed, by (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Food retail: The French Competition Authority clears, subject to remedies, the acquisition of sole control of franchised stores by their franchisor in the food retail sector (Zormat, Les Chênes, Puech Eco / Carrefour Supermarchés France)

210

On April 27th , 2018, the Authority authorized, subject to commitments, the acquisition of exclusive control by Carrefour Supermarchés France of the companies Zormat and Les Chênes, which operate two predominantly food-dominated businesses with service stations under the Carrefour Market banner, (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Online Ads: The French Competition Authority unconditionally clears the acquisition of an Internet market player by a media market player (Aufeminin / TF1)

135

The Authority has authorised TF1’s acquisition of sole control of Aufeminin, previously owned by the media group Axel Springer. Aufeminin operates the Internet sites of the same name and others such as Marmiton and My Little Paris, and markets the advertising space on these sites. It also (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Online Sale: The French Competition Authority unconditionally clears two transactions between pure players and traditional players (brick and mortar) in the retail of consumer goods sector (Monoprix / Sarenza ; Spartoo / André)

211

On 20 April 2018, the Authority unconditionally cleared two transactions concerning the combination of distance selling (’DOS’) players (Sarenza and Spartoo) and in-store retail players (Monoprix and André) in the footwear distribution sector. In the first decision (No 18-DCC-50), the Authority (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Unconditional clearance: The French Competition Authority clears, without remedies, the acquisition of sole control of an undertaking in the real estate ads sector by the leader of the sector after an in-depth investigation (Concept Multimédia / Axel Springer)

232

The Authority has cleared without commitment a concentration between two online real estate classifieds giants in France. The Axel Springer group, to which SeLoger belongs, has thus acquired sole control of Concept Multimédia, which owns the company Logic-Immo. As mentioned in a previous (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Insolvency procedure: The French Competition Authority clears the acquisition of sole control of a market player by one of its competitors in the books and stationery products retail sale sector and grants an exemption from the suspensive effect of merger control (Gibert Jeune - Gibert Joseph)

181

The Authority’s decision dated 10 November 2017 signs the reunification of the two names of Joseph Gibert’s heir sons almost 90 years after their separation: Gibert Joseph and Gibert Jeune bookstores. The examination of the transaction did not raise any particular competition concerns. The (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Public consultation: The French Competition Authority initiates a reflection to modernise and simplify the French merger control regime (Public consultation on merger control)

142

In line with the consultation launched in October 2016 by the European Commission on these subjects, the Authority published on its website on 20 October 2017 a public consultation aimed at gathering comments from anyone who wished to respond to it on certain avenues for reflection on a (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Failure to comply with commitments: The French Administrative Supreme Court dismisses an appeal against a decision of the French Competition Authority fining a telecommunication group for failure to comply with commitments in the optical fibre sector (Altice – SFR)

188

The soap opera Altice / SFR has made a particularly strong impression over the last two years. Does the decision of the Conseil d’État handed down on September 28, 2017 mark the final act of this season full of twists and turns? Summary of previous episodes In a decision dated October 30, 2014, (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas In-depth investigation: The French Competition Authority opens an in-depth investigation in the context of a merger in the online real estate ads sector (Concept Multimédia - Axel Springer Digital Classifieds)

191

The Authority has decided to open an in-depth investigation into the operation whereby the Axel Springer Group acquires sole control of the company Concept Multimedia. The purchaser and the target are both active in the online real estate classifieds market through SeLoger.com and (...)

Marie Louvet, Sergio Sorinas Gun Jumping: The French Competition Authority imposes for the first time a fine of €80 million for gun jumping in the context of two telecoms mergers notified in 2014 (Altice)

317

The Competition Authority heavily sanctioned the Altice group for having implemented two concentrations before obtaining its approval. While it has already imposed fines for failure to notify or to comply with commitments, this is the first time that the Authority has had to rule on the early (...)

Marie Louvet, Sergio Sorinas Jurisdiction of the French Competition Authority : The French Supreme Administrative Court dismisses an action for annulment of two decisions of the French Competition Authority related to the acquisition of two medical laboratories (Eurofins/Bio-Access, Bio-Alfras)

161

Within a few months, the Eurofins Group, active in the management of analytical, testing and technical inspection laboratories for private companies and public bodies, acquired sole control of the Bio-Access Group and later the Biomnis Group, two groups of laboratories specialising in medical (...)

Marie Louvet, Sergio Sorinas Remedies: The European Commission clears the creation of a joint venture between two telecom companies in Netherlands, subject to conditions (Vodafone / Liberty Global)

195

The European Commission has cleared in Phase 1, subject to commitments, the proposed creation of a joint venture between Vodafone and Liberty Global in the Netherlands by decision of 3 August 2016. The Vodafone Group is an international group specialising in the operation of mobile (...)

Marie Louvet, Sergio Sorinas Phase I decision: The European Commission clears the acquisition of sole control Hospira by Pfizer subject to Pfizer divesting certain sterile injectable drugs, as well as its infliximab biosimilar drug, which is currently under development (Pfizer, Hospira)

152

By decision of 4 August 2015, the Commission has approved the acquisition of Hospira by Pfizer under Articles 6(1)(b) and 6(2) of the EU Merger Regulation. Both companies, based in the US, are active in the development and marketing of medicines for human use. However, the approval was (...)

Marie Louvet, Sergio Sorinas Phase I decision: The French Competition Authority approves the acquisition of sole control of a local player in the petroleum sector in La Réunion by the Rubis group subject to behavioral commitments (Société Réunionnaise de Produits Pétroliers, Rubis)

181

In its Decision No. 15-DCC-104 of 30 July 2015, the French Competition Authority authorised, subject to conditions, the acquisition of exclusive control by the Rubis group, which is active in France and internationally in the butane, propane and LPG distribution sector (hereinafter "Rubis"), of (...)

Marie Louvet, Sergio Sorinas Conditional clearance : The French Competition Authority grants clearance, subject to transfer of assets, to the sole control acquisition of a LPG sector operator by a competitor and applies the “fix it first” method (UGI Bordeaux Holding / Totalgaz)

310

By decision of 8 June 2015, the French Competition Authority authorised the acquisition of Totalgaz by UGI France subject to structural commitments relating in particular to the sale of part of the stake that the new entity would hold in certain import and storage infrastructures. The (...)

Marie Louvet, Sergio Sorinas Phase I - Clearance : The European Commission clears in phase I the acquisition of a French cement operator by its German competitor, subject to disinvestments in several European countries as both companies are major producers of cement, ready-mixed concrete, aggregates and another construction materials on the global scale (Holcim/Lafarge)

393

The proposed transaction between the French group Lafarge and the Swiss group Holcim will enable the new entity to become the world’s largest cement manufacturer, present in more than 90 countries worldwide. The Commission considered that the transaction could harm competition because of (...)

Amaury Sibon, Marie Louvet, Sergio Sorinas Appeal : The French Supreme Administrative Court dismisses an appeal against the Competition Authority’s decision clearing a merger in the construction materials sector (Wienerberger, Imerys TC, Bouyer-Leroux)

1014

The company Wienerberger, which produces and markets structural materials, filed an application with the French Council of State to annul the decision of the French Competition Authority of July 26, 2013 authorizing Bouyer-Leroux’s acquisition of sole control of Imerys’ "structural materials" (...)

Amaury Sibon, Marie Louvet, Sergio Sorinas Remedies : The French Competition Authority clears a merger in the telecommunications sector following an in-depth investigation, subject to both structural and behavioural commitments (SFR, Groupe Altice)

538

By decision of 30 October 2014, following an in-depth phase II investigation, the Authority authorised the acquisition by Numericable Group (Numericable), a subsidiary of the Altice Group, of sole control of SFR. Prior to the transaction, SFR was exclusively controlled by the Vivendi group, (...)

Amaury Sibon, Marie Louvet, Sergio Sorinas Clearance : The European Commission, following an in-depth review, clears without commitments the proposed acquisition in the building materials sector (Holcim, Cemex West)

227

On June 5, 2014, the European Commission unconditionally approved the acquisition of Cemex West by its Swiss competitor Holcim after a phase II and 9 months of investigation. Both companies supply cement and other building materials worldwide. The proposed transaction concerns the acquisition (...)

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