Addleshaw Goddard (Paris)

Michaël Cousin

Addleshaw Goddard (Paris)
Partner

Michaël is a partner in the EU/Competition law department of Addleshaw Goddard in Paris. He represents clients in antitrust litigations, merger control, State Aid, counselling, and establishing effective antitrust compliance programs. He is also specialised in distribution law and restrictive trade practices. He graduated from the universities of Warwick (UK) and Sarrebruecken (Ger.) and obtained a postgratuate degree in EC law from Paris II - Panthéon Assas where he now gives lectures. Michaël Cousin is a member of the French Competition Law Society (Association française d’Etude de la Concurrence).

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Articles

5302 Bulletin

Michaël Cousin, Marie Florent The French Supreme Administrative Court declines jurisdiction to review a below-threshold referral by the Competition Authority to the EU Commission (Illumina / Grail)

305

Responding to an appeal against the French Competition Authority’s ("FCA") first referral of a concentration below national merger control thresholds to the European Commission, the Conseil d’Etat declared it does not have jurisdiction to rule in these cases. Key takeaways The French Supreme (...)

Michaël Cousin, Marie Florent The French Constitutional Council declares unconstitutional a provision of the Commercial Code that permits fines in cases for obstructing an investigation because an existing criminal provision sanctions the same conduct (Akka Technologies)

397

On 26 March 2021, the French Constitutional Council ruled that, insofar as a criminal provision sanctions the same conduct, the provision of the Commercial Code imposing a fine (being up to 1% of the undertaking’s annual turnover) for obstructive practices to an investigation is (...)

Michaël Cousin, Marie Florent The French Administrative Supreme Court confirms the scope of the Competition Authority’s investigative powers in the context of cross-border investigations (Caudalie)

392

On 17 February 2021, the French Supreme Court confirmed an order authorising the French Competition Authority ("FCA") to carry out dawn raids at Caudalie’s premises on its own account following a request for assistance received from its Belgian counterpart. What you need to know – key (...)

Michaël Cousin The Paris Commercial Court imposes a €1.2M fine on a Big Tech company for abuse of a dominant position against a telephone directory services company (Oxone Technologies / Google)

279

In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

Michaël Cousin The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on a German chemical company (Brenntag)

168

On 3 December 2020, the Paris Court of Appeal ("Court") confirmed the fines imposed by the French Competition Authority ("FCA") in 2013 on the German chemical distributor Brenntag, and its former parent company Deutsche Bahn, of EUR 47 million and EUR 5.2 million respectively for participating (...)

Michaël Cousin The French Competition Authority sanctions councils and trade union federations of dental surgeons for a collective boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)

107

On 12 November 2020, the French competition authority (the "FCA") fined the National Council of the College of Dental Surgeons (the "National Council"), five departmental councils of the College and two trade unions for collectively boycotting dental care networks. WHAT YOU NEED TO KNOW - (...)

Michaël Cousin The EU General Court partially annuls the Commission’s decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

173

On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - (...)

Michaël Cousin The French Competition Authority imposes a fine worth a total of €444 million on three pharmaceutical companies for collective abuse of dominance practices designed to sustain the sale of an expensive drug (Novartis ; Roche ; Genentech)

162

The French Competition Authority ("FCA") has issued a rare decision sanctioning three laboratories active in treatment of age-related macular degeneration on the basis of collective abuse of dominance practices designed to sustain the sale of an expensive drug, Lucentis, to the detriment of a (...)

Michaël Cousin, Alexi Dimitriou The EU Commission publishes a working document summarizing the findings of the evaluation phase of the review for the vertical block exemption regulation and its guidelines

274

On 8 September 2020, the European Commission ("Commission") published a working document (the "Evaluation Report") summarising the findings of the evaluation phase of the review of the Vertical Block Exemption Regulation ("VBER") and the Guidelines on Vertical Restraints ("Vertical (...)

Michaël Cousin The French Competition Authority issues its first dead-block and concludes that an acquisition of a hypermarket by two entities operating under the competing retailer raise too strong competition concerns (E.Leclerc-Géant / Casino)

206

The French Competition Authority ("FCA") has concluded that the acquisition of the hypermarket Géant Casino, by two entities operating (directly or indirectly) under the competing retailer E. Leclerc, raised competition concerns at the local level, which could not be addressed through (...)

Christophe Lemaire, Michaël Cousin The Paris Court of Appeal annuls dawn raids conducted by the Competition Authority to find evidence of an alleged price-fixing cartel in the domestic appliance sector (Whirlpool)

316

On 8 July 2020, the Paris Court of appeal ("the Court") annulled dawn raids conducted by the French Competition Authority ("the FCA") at Whirlpool’s premises in 2014. On 27 and 28 May 2014, the FCA raided Whirlpool’s premises to find evidence of an alleged price-fixing cartel in the domestic (...)

Alexi Dimitriou, Nigel Parr, Donald Slater, Michaël Cousin The EU Commission publishes a temporary framework communication to provide antitrust guidance to companies cooperating in response to urgent situations related to COVID-19 pandemic

273

On 8 April 2020, the European Commission ("Commission") published a Temporary Framework Communication ("Communication") to provide antitrust guidance to companies cooperating in response to urgent situations related to the Covid-19 outbreak. The Commission also announced that it issued a (...)

Michaël Cousin, Christophe Lemaire The French Competition Authority issues a fine of €1.1B on a Big Tech company and €139M on two of its wholesalers for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)

291

On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

Christophe Lemaire, Michaël Cousin The Paris Court of Appeal confirms the Competition’s Authority decision to fine several producers and wholesalers active in the sale of liquid fertilizers for imposing vertical restraints (Canna France)

123

On 16 January 2020, the Paris Court of Appeal confirmed the 2018 decision of the French Competition Authority ("FCA") to fine several producers and wholesalers active in the sale of liquid fertilizers for domestic cultivation for having imposed vertical restraints. WHAT YOU NEED TO KNOW - (...)

Christophe Lemaire, Michaël Cousin The French Competition Authority fines a group of road transport companies for organizing customer allocation practices among its members (Astre)

98

On 28 October 2019, the French Competition Authority ("FCA") fined a group of road transport companies for having organised customer allocation practices among its members. Astre did not challenge the FCA’s objections and applied for settlement. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS On 27 (...)

Michaël Cousin The Paris Court of Appeal confirms the decision of the Competition Authority sanctioning a leader in garden machinery who imposed clauses restricting online sales on its distribution network (Stihl)

148

The Court of appeal of Paris has confirmed the decision of the French Competition Authority ("FCA") sanctioning Stihl, a manufacturer of mechanical garden equipment, for prohibiting, between 2006 and 2017, the sale of certain dangerous products on its distributors’ websites. The Court of (...)

Christophe Lemaire, Michaël Cousin The French Competition Authority sanctions €176,000 a consumer goods corporation and its wholesaler for implementing exclusive import agreements in overseas territories (Procter & Gamble / Coty / Chanel)

203

On 8 October 2019, the French Competition Authority ("FCA") sanctioned Procter & Gamble ("P&G"), Coty and Chanel, as well as their wholesalers, €176,000 for having implemented exclusive import agreements in overseas territories. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Since March 2013, (...)

Michaël Cousin, Alexi Dimitriou The EU Commission fines two manufacturers of processed vegetables €31.65 million for participating in a canned vegetable cartel and grants full immunity to a third participant for blowing the whistle (Coroos / CECAB)

83

On 27 September 2019, the European Commission ("Commission") fined Coroos and Groupe CECAB €31.65 million for participating in a canned vegetables cartel for over 13 years, with a third participant, Bonduelle, receiving full immunity for blowing the whistle. WHAT YOU NEED TO KNOW - KEY (...)

Michaël Cousin, Christophe Lemaire The French Competition Authority declines to rely on historic case precedent to control a non-notifiable acquisition completed by a dominant broadcasting company (Continental Can)

32

Whilst competition authorities are reflecting on ways to control "killer acquisitions", the French Competition Authority ("FCA") has declined to rely on historic case precedent to control a non-notifiable acquisition completed by a dominant company. On 13 October 2016, TDF, the French (...)

38478 Review

Jean-Marie Garinot, Mary-Claude Mitchell, Michaël Cousin, Pauline Debré, Simon Corbineau-Picci Currentness of intellectual property rights and competition law (Paris, June 26th, 2015)

955

The conference that took place in Paris on 26th of June, 2015 provided the opportunity to return to the actuality of intellectual property law and competition law. Simon Corbineau-Picci and Pauline Debré open the debates about the rights and duties of the holder of an essential patent to the (...)

Alain Ronzano, Alexandre Glatz, Anne-Sophie Bodin, Camille Paulhac, Marie Koehler de Montblanc, Michaël Cousin, Odile Mathilde Boudou Comments on the Commission’s consultation related to the White Paper on the modernization of the EU merger law

941

On 9 July 2014, the European Commission published its White Paper - Towards More Effective EU Merger control and invited third parties to submit comments. This White Paper mainly focuses on the control of non-controling minority shareholdgins which the Commission intends to control through a (...)

Jean-Patrice de La Laurencie, Joffrey Sigrist, Michaël Cousin, Michel Ponsard The regulation of commercial practices - A reform of the French law while waiting for the European law? (AFEC, Paris, 20 juin 2013)

665

This article brings together contributions from the second panel of the AFEC’s General Assembly of 20 June 2013 in Paris dedicated to the regulation of commercial practices INTRODUCTION Jean-Patrice DE LAURENCIE Lawyer at the Paris Bar 1. It is an honour for which I thank the (...)

Catherine Vautrin, Claire Chambolle, Clémence Christin, Etienne Pfister, Marie-Laure Allain, Michaël Cousin, Serge Papin, Thierry Dahan New aspects of grocery retail sector regulation

3204

Both aspects of the grocery retail sector regulation, i.e. the rules on unfair behaviours and those governing the market structures have evolved in different ways since 2005. Further to the Competition Authority’s opinion of 17 December 2010 discussions moved toward the relevance of more (...)

Christophe Lemaire, David Spector, François Lévêque, Michaël Cousin, Philippe de Ladoucette, Simon Genevaz NOME act I : A legislative framework for the opening of the French electricity market

2496

The law establishing a New Organisation for the Electricty Market provides for a temporary regulation which aims at removing the obstacles to the development of competition on the French electricity market. Its purpose is in particular to solve the margin squeeze resulting from the difference (...)

Christophe Lemaire, Michaël Cousin Non-contest procedure – Leniency: The French Competition Authority accepts to apply the non-contest procedure and the leniency programme outside their formal scope of application (Road signs cartel)

1102

Concordance No. 10-D-39 of 22 December 2010 on practices implemented in the vertical road signage industry The present case, which concerns a cartel for the allocation of public procurement contracts in the road sign market and to which were added exclusionary practices, two of which have (...)

Christophe Lemaire, Michaël Cousin Inspections : The European Court of Human Rights censures the French inspections regime which existed before the ordinance of 13 November 2008 and calls the transitory regime into question (Canal Plus ; Primagaz)

1467

ECHR, 21 December 2010, Canal Plus a.o. v. France, 29408/08 ECHR, 21 December 2010, Primagaz v. France, 29613/08 The Canal Plus and Primagaz judgments of the European Court of Human Rights ("ECHR") are likely to have a significant impact on ongoing litigation that gave rise to nationwide (...)

Christophe Lemaire, Michaël Cousin Failure to comply with commitments: The French Competition Authority fines for the first time failure to comply with commitments in the context of a non contest procedure (Neopost/Satas)

1755

Aut. conc. dec. no. 10-D-21 of 30 June 2010 relating to compliance by Neopost France and Satas with the commitments made in Competition Council decision no. 05-D-49 of 25 July 2005. The Neopost v Satas decision is the first in which the AdlC sanctions non-compliance with commitments made in (...)

Christophe Lemaire, Michaël Cousin Passing-on defence: The Court of Cassation cancels a decision of the Court of Appeal refusing the “passing-on defence” (Ajinomoto Eurolysine/Doux aliments Bretagne e.a.)

3029

Cass. com, 15 June 2010, Ajinomoto Eurolysine v/ Doux aliments Bretagne e.a., n° 09-15816 While the end of the year is marked by the relaunch at Community level of the debates on private action (see not. J. Alumnia, "Common standards for group claims across the EU", Speech 10/554 of 15 Oct. (...)

Catherine Hammon, Christophe Lemaire, Jean-Paul Tran Thiet, Michaël Cousin, Nigel Parr, Pierre-Alain Jeanneney Market Regulators: Towards a better institutional and procedural framework?

6900

The multiplication of "market authorities" - competition authorities and sectoral regulators - and the development of their means of action on the market raise the question of the coherence and the convergence of the institutional and procedural framework in which they operate. After a general (...)

Michaël Cousin Potential competition: Some legal thougts on an economic notion

7729

1. As the current reflections on a more economic approach to Article 82 EC or Stateaid control show, competition authorities are confronted with the constant need to bring the rule of law into line with the rule of economicreasoning. The legal treatment of potential competition, as reflected (...)

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