Mayer Brown (Paris)

Nathalie Jalabert-Doury

Mayer Brown (Paris)

Nathalie Jalabert-Doury is a partner and the head of Antitrust and Competition at Mayer Brown’s Paris office. She has developed an extensive practice in all aspects of competition law, whether at national or European level: cartels, concerted practices and abuse of dominance, mergers, horizontal and vertical agreements as well as States aids. Nathalie has notably acquired a particular expertise in international cartels, through her interventions in several leading Community and French cases. She is the author of the books "Les inspections de concurrence des autorités françaises" and "Competition Inspections under EU Law".


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44318 | Events


Nathalie Jalabert-Doury (Mayer Brown)
Nathalie Jalabert-Doury 8 September 2021 Paris & Online
Nathalie Jalabert-Doury | Point sur l'actualité récente des enquêtes au niveau de l'Union européenne
Nathalie Jalabert-Doury 5 March 2021 Webinar
Nathalie Jalabert-Doury | Point sur l'actualité récente des enquêtes en France
Nathalie Jalabert-Doury 5 March 2021 Webinar
Nathalie Jalabert-Doury | Point sur l'actualité récente des enquêtes au niveau de l'Union européenne
Nathalie Jalabert-Doury 4 March 2021 Webinar
Nathalie Jalabert-Doury | Point sur l'actualité récente des enquêtes en France
Nathalie Jalabert-Doury 4 March 2021 Webinar
Nathalie Jalabert-Doury (Mayer Brown)
Nathalie Jalabert-Doury 9 January 2020 Paris
Nathalie Jalabert-Doury
Nathalie Jalabert-Doury 15 May 2019 Paris
Nathalie Jalabert Doury (Mayer Brown)
Nathalie Jalabert-Doury 13 April 2018 Paris
Nathalie Jalabert Doury (Mayer Brown)
Nathalie Jalabert-Doury 19 December 2017 Paris
Nathalie Jalabert Doury
Nathalie Jalabert-Doury 27 February 2017 Paris
Nathalie Jalabert-Doury
Nathalie Jalabert-Doury 12 May 2016 Paris


4650 Bulletin

Nathalie Jalabert-Doury Competition Investigations & Dawn Raids: An overview of EU and national case law


In Europe and beyond, the number of dawn raids remains very high and shows no sign of slowing down. Although the pandemic backlog is now largely cleared, competition authorities are still receiving leniency applications and complaints and opening a growing number of ex-officio investigations in parallel. At the same time, Courts are rightfully more and more attentive to fundamental rights, judicial review and the protection of private life. No surprise considering the tools that are used these days and the breadth of searches they allow: in private homes and across personal devices and data sets, not just professional ones. The need to design and implement effective dawn raid responses is, therefore, more important than ever so that inspected companies enjoy effective protection of their rights, safeguards are in place, and also avoid the risk of obstruction procedures and fines.

Nathalie Jalabert-Doury, Aymeric De Moncuit, Sarah Wilks, Camille Hoogterp The French Competition Authority publishes its opinion on the state of competition in the cloud computing sector


Introduction On 29 June 2023, the French Competition Authority (the authority) released its opinion on competition in the cloud computing (the cloud) sector (the opinion). The opinion sets out the authority’s thoughts on possible market definitions in the sector, and provides some relatively (...)

Nathalie Jalabert-Doury Competition Investigations & Dawn Raids: An overview of EU and national case law


For many months, competition inspections have been impossible and almost everywhere Authorities have seen a sharp decrease in leniency applications, calling for additional detection tools. The inability to perform dawn raids therefore was immediately seen as a threat to efficient competition enforcement. New techniques have been developed in order to investigate remotely as much as possible. IT investigation methodologies and tools have also been refined and Covid protocols have been adopted. Eventually, cases have also been listed for future investigative actions, and since inspections are possible again, many authorities are back within companies with still an impressive backlog of potential investigations. This is the right time for legal departments to consider updating existing response procedures to reflect the most recent developments and verifying that they are still efficient after months without occurrence of a raid and knowing many companies have completely changed the way work is organized during the pandemic.

Gillian Sproul, Jens Peter Schmidt, Kiran Desai, Nathalie Jalabert-Doury The EU Commission blocks a merger due to its potential effect on EU financial derivatives traded on the stock exchange (NYSE Euronext / Deutsche Börse)


On 1st February 2012, the European Commission adopted its decision prohibiting the USD 10.2 billion merger between Deutsche Börse (DB) and NYSE Euronext (NYSE). The decision is notable not the least because it is rare for the Commission to block a merger. Only 21 have been blocked (...)

77372 Review

Gianni De Stefano, Giovanni Labate, James Harvey, Jérémy Bernard, Laurent Eymard, Marie Blanchard, Nathalie Jalabert-Doury, Salomé Cisnal De Ugarte, William Koeberlé The Coty judgment: Online selective distribution and platform bans


In its Coty Germany c. Parfumerie Akzente decision dated 6 December 2017, the Court of Justice reiterated the conditions of application of Article 101 TFEU to selective distribution agreements based on qualitative criteria. The Court also ruled for the first time on the prohibition to resell (...)

Nathalie Jalabert-Doury Cartel : The Court of Justice of the European Union rejects a first part of the appeals brought against AIG cartel and gives some details about the assessment of the probative statements (Siemens, Mitsubishi Electric et Toshiba)


CJEU, 19 December 2013, Mitsubishi Electric v Commission, Case C-489/11 P CJEU, 19 December 2013, Toshiba v Commission, Case C-498/11 P It will be recalled that in 2007 the Commission heavily sanctioned Japanese and European manufacturers of gas-insulated switchgear and controlgear ("GIS") (...)

Nathalie Jalabert-Doury Leniency : The Court of Justice of the European Union dismisses an appeal of a company condemned for cartel on the Dutch road pavement bitumen market (Kuwait Petroleum)


On 13 September 2006, the Kuwait Petroleum Group was ordered by the Commission to pay EUR 16.632 million for colluding with its competitors on the road bitumen market in the Netherlands. A 30 % reduction of the fine was then granted in accordance with the 2002 Cooperation Notice. The Kuwait (...)

Nathalie Jalabert-Doury Fining guidelines : The Paris Court of appeal confirms the validity of the Notice of 16 May 2011 on the Method Relating to the Setting of Financial Penalties but states that the compliance of penalties imposed with the provisions of the Commerce Code is to be controlled in each case (Nestlé Purina Petcare France, Nestlé, Royal Canin, Mars Incorporated, Hill’s Pet Nutrition, Colgate-Palmolive company)


In a decision of 20 March 2012, the Competition Authority sanctioned several manufacturers of dry dog and cat food to the tune of €35.3 million for restricting competition at the wholesale distribution stage of their products and, in the case of some of them, for imposing resale price (...)

Nathalie Jalabert-Doury Applicability of the EU Law: The Paris Court of Appeal largely confirms the Orange Caraïbe decision and sets the same slightly reduced fines as the first Court of appeal (Orange Caraïbe)


In a 2009 decision, the Authority sanctioned France Telecom and its subsidiary Orange Caraïbe for practices of exclusion on the mobile and fixed telephony market in certain overseas departments, as well as for having imposed an exclusivity clause that did not comply with Articles L. 420-1 of (...)

Dirk Van Erps, Nathalie Jalabert-Doury Digital evidence gathering : An update


This set of two articles is a follow-up of two studies published in previous issues of Concurrences on competition digital inquiries (N° 2-2010, pp. 188-192 et N° 2-2009, pp. 69-77). In the first contribution, Dirk Van Erps - DG COMP- describes the general outline of the methodology used by DG (...)

Nathalie Jalabert-Doury Concerted practice: The General Court confirms the qualifications of concerted practice by object and single offense in the case of bananas cartel (Telefonica/Portugal Telecom)


Eur. com. dec. 23 January 2013, Telefonica v Portugal Telecom, Case COMP/39.839, IP/13/39 The Commission has fined Telefonica and Portugal Telecom €89 million for agreeing not to compete with each other on the Iberian telecommunications markets in the context of Portugal Telecom’s (...)

Nathalie Jalabert-Doury Cooperation: The General Court confirms the qualification of concerted practice by object and of single infringement in the banana cartel case (Fresh Del Monte Produce)


Trib. EU, 14 March 2013, Fresh Del Monte Produce, Case T-587/08 Trib. EU, 14 March 2013, Fresh Del Monte Produce, Case T- 588/08 By a decision of 15 October 2008, the European Commission had condemned Dole for €45 million and Weichert/Del Monte for €14 million for participating in a (...)

Nathalie Jalabert-Doury System for referencing: The French Competition Authority considers that the system for referencing approved opticians is imperfect but without anti-competitive object or effect (Kalivia)


Conc. Aut. conc., Dec. No. 13-D-05 of February 26, 2013, "Kalivia". (see also, column "Unilateral practices",Concurrences, this issue, obs. A. Wachsmann and N. Zacharie) The Authority dismissed parallel referrals concerning the listing process for ophthalmic lens suppliers implemented by (...)

Nathalie Jalabert-Doury De Minimis notice: The Court of Justice acknowledges the right of national competition authorities to apply Article 101 to a restriction falling into the scope of the De Minimis Notice (Expedia)


CJEU, December 13, 2012, Expedia and others, aff. C-226-11 By a decision of 2009, the Competition Council had imposed sanctions on SNCF and Expedia, and accepted commitments from SNCF in respect of the non-contestation of the objections, in the context of a referral concerning the vertical (...)

Nathalie Jalabert-Doury Fine - Suspension: The Paris Court of Appeal rejects a request for suspension in the flour case and clarifies the level of assessment of financial difficulties within groups of companies (Farines alimentaires)


CA Paris, ch.5-7, 13 November 2012, Edible flours, RG n° 12/14436 Expected reversal of case law: the Paris Court of Appeal has returned to the conditions for assessing the manifestly excessive consequences that would result from the immediate implementation of an Authority decision in the (...)

Nathalie Jalabert-Doury Selective distribution: The French Competition Authority warns the suppliers with selective distribution networks and expresses support in favor of the development of pure players over the Internet (Competitive operation in the e-commerce sector)


Concise Aut. opinion No. 12-A-20 of 18 September 2012 on the competitive functioning of electronic commerce. In July 2011, the Competition Authority issued an ex officio referral for an opinion with a view to carrying out an analysis, targeted on certain categories of products and services, (...)

Nathalie Jalabert-Doury Producer’s guarantee – Access to technical information: The European Commission releases frequently asked questions on the automotive sector (Motor vehicle sector)


Eur. Comm, 27 August 2012, Frequently Asked Questions on the application of EU Antitrust rules in the motor vehicle sector This Q&A document is intended to complement the Supplementary Guidelines issued as a follow-up to the review of the Motor Vehicle Exemption Regulation in May 2010 (...)

Nathalie Jalabert-Doury Cartels – Inability to pay: The European Commission publishes its first decision of hybrid transaction in the animal feed phosphates cartel case (Animal feed phosphates)


Eur. Comm, dec,20 July 2011, Animal feed phosphates, COMP/38866(1) and (2) The Commission publishes the full versions of the two decisions it adopted in the case of the feed phosphates cartel in respect of the undertakings that settled and the one that abandoned the settlement and for which (...)

Nathalie Jalabert-Doury Interbank commissions – Payment modes: The French Competition Authority obtains the early removal of the main interbank commissions on several payment modes (Sector of payment modes)


Aut. conc., Dec. of 5 July 2012 on practices identified in the cashless payment sector Third Authority decision on interbank fees, this time concerning cashless means other than cheques (dealt with by Decision No. 10-D-28 of 20 September 2010) and cards (dealt with, as far as bank cards are (...)

Nathalie Jalabert-Doury Fines – Reference turnover: The European Commission readopts fining decisions against two companies for their involvement in the gas insulated switchgear cartel (Gas insulated switchgear)


Eur. comm., Dec. 27 June 2012, Gas Insulated Switchgear, Case COMP/39.966 In 2011, the Court of First Instance annulled the Commission’s cartel decision concerning gas-insulated switchgear in so far as it concerned Mitsubishi and Toshiba for breach of the principle of equal treatment in the (...)

Ahmet Bugra Aydın, Akira Inoue, Amanda Bodger, Arti Raghavan, Bilal Shaukat, Bill Batchelor, Chang-Sik Hwang, David Tadmor, Douwe Groenevelt, Farhad Sorabjee, Gillian Sproul, Gönenç Gürkaynak, Gustavo Flausino Coelho, Jean-Maxime Blutel, Kala Anandarajah, Khaled Attia, Kylie Sturtz, Madeleine Renaud, Marilyn Leblanc, Mario Vogl, Martin Nedelka, Matthew F. Jones, Nathalie Jalabert-Doury, Reeti Choudhary, Shai Bakal, Simon Albert, Simone Evans, Theodore Banks, Zeynep Ortaç Best practices for compliance programs: Results of an international survey


All companies should employ competition law compliance progams in an attempt to ensure their their employees will follow these complicated laws. Yet, enforcers’ support for competition law compliance programs is wildly inconsistent. A few provide guidance about compliance, and will consider a (...)

Nathalie Jalabert-Doury Cartels - Fine: The Paris Court of Appeal states that the basis for fine assessment is the turnover in the relevant sector, even if the decision was handed down before the NCA’s Notice on the setting of financial penalties (Lacroix Signalisation)


against Aut. conc., Dec. no. 10-D-39 of 22 December 2010 relating to practices implemented in the vertical road signs sector On March 29, 2012, the Paris Court of Appeals reversed the decision of the French Competition Authority of December 22, 2010 sanctioning 10 companies in the amount of (...)

Nathalie Jalabert-Doury Exclusivity – Resale price maintenance: The French Competition Authority imposes € 35 million fines on the main suppliers of pet food for significantly reducing competition between their distributors (Pet food)


Council Decision No. 12-D-10 of 20 March 2012 on practices in the dog and cat food sector On 20 March 2012, the Competition Authority imposed fines totalling €35 million on the three main producers of dry dog and cat food operating in France. Nestlé Purina Petcare France SAS (Nestlé), Royal (...)

Nathalie Jalabert-Doury Cartels - Common sales agency: The French Competition Authority imposes a fine of €242.2 million on flour producers for participating in a number of cartels which organized the milling industry for decades (Food flours)


Concordant Aut. dec. no. 12-D-09 of 13 March 2012 on practices implemented in the food flour sector There are economic sectors in which the players would like to believe that nothing will ever change because they have specific features, are heavily regulated and the structures for organising (...)

Nathalie Jalabert-Doury Minimum prices – Withdrawal measures: The French Competition Authority heavily fines producers’ organisations and their associations for agreeing on minimum prices of endives (Production and trade of endives)


Const. dec. no. 12-D-08 of 6 March 2012 on practices implemented in the production and marketing of endives The Competition Authority sanctioned 10 endive producer organizations and seven professional associations and unions for agreeing on a global plan to set minimum selling prices for (...)

Nathalie Jalabert-Doury Restriction by object: The Paris Court of Appeal alters the decision of the French Competition Authority in the checks digitisation commissions case for failure to establish the existence of an anticompetitive object (Crédit Lyonnais)


CA Paris, ch. 5-7, 23 February 2012, Crédit Lyonnais and others; against Aut. conc., dec. no. 10-D-28 of 20 September 2010 relating to the rates and related conditions applied by banks and financial institutions for the processing of cheques submitted for collection, "Exchange of cheque (...)

Nathalie Jalabert-Doury Standard of proof – Parental liability: The General Court significantly reduces of the duration of the infringement for a company but maintains the finding that another company shall bear joint and several liability in the sodium chlorate case (Aragonesas Industrias y Energía and Uralita)


Trib. EU, 25 October 2011, Aragonesas Industrias y Energia v Commission, Case T-348/08, "Sodium Chlorate". Trib. EU, 25 October 2011, Uralita v Commission, Case T-349/08 "Sodium Chlorate". It is recalled that the Commission had imposed cumulative fines totalling 79 million on four groups (...)

Nathalie Jalabert-Doury Exchange of information: The General Court confirms most of the Commission’s decision in the plastic industrial bag cartel, but annuls one of the fines and reduces another one (Packaging, Kendrion, RKW, Low & Bonar, Stempher, Groupe Gascogne, Plasticos Españoles, Armando Álvarez, Sachsa Verpackung)


GCEU, 16 November 2011, Fardem Packaging v. Commission, case T-51/06, "Plastic industrial bags". UECG, 16 November 2011, Kendrion v. Commission, Case T-54/06, "Plastic industrial bags". GCEU, 16 November 2011, RKW a.o. v. Commission, joined cases T-55/06 and T-66/06, "Plastic industrial (...)

Nathalie Jalabert-Doury Single complex and continuous infringement : The European Commission imposes fines in a detergent cartel after applying leniency and settlement procedures (Consumer Detergents)


Eur. Comm, 13 April 2011, Consumer Detergents, Case COMP/39579 The benefits to the Commission of leniency and settlement proceedings are particularly evident when, as in this case, all the companies concerned participate: the decision was issued in less than 3 years and is only 25 pages (...)

Nathalie Jalabert-Doury Complex and continuous infringement: The French Competition Auhtority heavily fines a cartel in the detergent sector on the basis of its new Guidelines on fines (Detergent sector)


Concordant Aut. dec. no. 11-D-17 of 8 December 2011 on practices implemented in the detergent industry By a decision of 8 December 2011 - and amended on 4 January 2012 to increase the fine for one of the undertakings concerned - the Authority adopted its most significant penalty decision of (...)

Nathalie Jalabert-Doury Call for tenders: The French Competition Auhtority fines anticompetitive behaviour in the frame of public and private calls for tenders and sheds light on the application which will likely be made of the “tender” exception in the new Guidelines on Fines (Sector of electrical works in the Midi-Pyrénées, Languedoc-Roussillon, Auvergne and neighboring regions)


Aut. conc. dec. no. 11-D-13 of 5 October 2011 relating to practices identified in the sectors of electrification and electrical installation work in the Midi-Pyrénées, Languedoc-Roussillon, Auvergne and neighbouring regions. On October 5, 2011, the Competition Authority issued a decision (...)

Nathalie Jalabert-Doury Trade union – Price recommendations: The French Competition Authority reminds that the release of price recommendations by a trade union is likely to lead to heavy fines for the trade union itself and its members, whatever the actual effect of these practices (Leisure, culture and tourism engineering services)


Aut. conc. dec. no. 12-D-02 of 12 January 2012 on practices implemented in the leisure, culture and tourism engineering sector The Competition Authority has sanctioned a professional association and 10 of its members for having set and disseminated price instructions. Although the practices (...)

Nathalie Jalabert-Doury Price listings made within a competitor’s outlet: The Court of Cassation regards price listings carried out within competitors’ premises as lawful and a guarantee for the free setting of prices through competition (Hyper Saint-Aunès/Carrefour)


Cass. com, October 4, 2011, Hyper Saint-Aunès c/ Carrefour hypermarkets, n° 10-21862 (See also, infra, "Distribution" column, obs. N. Ereseo) It has been known since the case of motorway fuel distribution that the direct and voluntary communication between competitors of the prices they (...)

Nathalie Jalabert-Doury Imputability: The Court of Justice imposes a reinforced obligation to state reasons on the European Commission in the mono-chlorine acetic case (Arkema, Elf Aquitaine)


CJEU, September 29, 2011, Arkema v. Commission, Case C-520/09 P, "Monochloroacetic acid". CJEU, 29 September 2011, Elf Aquitaine v Commission, Case C-521/09 P, "Monochloroacetic acid". It will be remembered that the Monochloroacetic Acid Cartel (MCAA) case gave rise to one of the most (...)

Nathalie Jalabert-Doury Imputability - Fines: The General Court rules on the implementation of the parental liability presumption to the same undertakings concerned by the hydrogen peroxide cartel case (Arkema France, Total et Elf Aquitaine)


GCEU, 14 July 2011, Arkema France v. Commission, case T-189/06, "Hydrogen peroxide and perborate". GCEU, 14 July 2011, Total and Elf Aquitaine v. Commission, case T-190/06, "Hydrogen peroxide and perborate". A few weeks before the Court ruled in the monchloroacetic acid case (see previous (...)

Nathalie Jalabert-Doury Exclusivity – Commitments: The French Competition Authority obtains an exclusivity-free period to foster competition in the sector of gift cards (Accentiv’Kadéos)


Concordant Aut. dec. no. 11-D-08 of April 27, 2011 relating to practices implemented by Accentiv’Kadéos (See also, infra, column "Unilateral practices", obs. A. Wachsmann) In 2009, the company Titre Cadeaux filed a petition with the French Competition Authority and requested protective (...)

Nathalie Jalabert-Doury ECSC Treaty – Accountability of the conduct: The Court of Justice approves proceedings opened post the expiry of the ECSC Treaty and wipes out the hopes arising from the conclusions of its Advocate general on the allocation of responsibilities within groups of companies (ThyssenKrupp Nirosta, ArcelorMittal Luxembourg)


CJEU, 29 March 2011, ThyssenKrupp Nirosta (formerly ThyssenKrupp Stainless) v Commission, case C-352/09 P CJEU, 29 March 2011, ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg, cases C-201/09 P and C-216/09 P. (See also, infra, "Procedures" column, obs. A. (...)

Nathalie Jalabert-Doury Effect on trade between Member States: The Court of Cassation puts an end to the extensive and interested interpretation of the concept of “effect on trade between Member States” by the French Competition Authority (Total Réunion, Supply of kerosene to Air France on the Reunion island)


Cass. com, March 1, 2011, Total Réunion, Total Outre-Mer [auto] Total Outre-Mer , Pétroles Shell, Chevron et Esso, n° 09-72655, 09-72657, 09-72705, 09-72830 et 09-72894, "Fourniture en kérosène d’Air France à la Réunion" (Air France’s kerosene supply on Reunion Island) It will be recalled (...)

Nathalie Jalabert-Doury Bid-rigging – Fines: The French Competition Authority issues a decision which hardly illustrates the draft guidelines on fines (Painting services for naval equipments and engineering structures)


Concordant Aut. dec. no. 11-D-07 of February 24, 2011 on practices implemented in the sector of painting of metallic infrastructures On the substance, this new case of a bidding cartel is of limited interest, except that it, like a few others, raises questions about the weakness of the (...)

Nathalie Jalabert-Doury Accountability of the conduct: The Advocate general Mengozzi issues an opinion on accountability of the conduct of a subsidiary to the parent company (Arkema, Elf Aquitaine)


Opinion of AG Mengozzi, 17 February 2011, Arkema v. Commission, case C-520/09 P, "Monochloroacetic Acid". Opinion of AG Mengozzi, 17 February 2011, Elf Aquitaine v. Commission, case C-521/09 P, "Monochloroacetic Acid ". The two pending appeals relate to the decision of January 19, 2005 by (...)

Nathalie Jalabert-Doury Ancillary restraints: The French Competition Authority approves without much discussion a clause restricting the ability to join another group during 2 years, combined with a preference clause (Sector of fresh fruits, vegetables and sea products wholesale)


Council Regulation (EC) No 11-D-03 of 15 February 2011 on practices in the wholesale trade of fresh fruit, vegetables and seafood products. In a decision to dismiss the case, the Authority validated a 2-year non-reaffiliation clause with a preferential right under conditions that left a (...)

Nathalie Jalabert-Doury Bid-rigging – Accountability of the conduct: The French Competition Authority fully adopts the European case-law on the allocation of responsibility within groups of companies (Restoration of historic monuments in France)


Const. dec. no. 11-D-02 of 26 January 2011 on practices implemented in the restoration of historic monuments The Monuments Historiques decision is not just another procurement allocation decision. It is an opportunity for the Authority to clarify and even develop its practice in several (...)

Nathalie Jalabert-Doury Concurrences of wills: The Paris Court of Appeal partially annuls a French Competition Authority decision for insufficient commercial autonomy of a joint venture with its shareholders (Perrigault et Terminal Porte Océane, Le Havre port handling)


against 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 The question of the application of Articles 101 TFEU and L. 420-1 of the French Commercial Code to relations between a parent company (...)

Nathalie Jalabert-Doury Probative value of statements – Accountability of the conduct: The European Commission publishes the full version of its heat stabilizers cartel decision “Heat stabilizers”


Eur. Comm. dec. C(2009) 8682 final of 11 November 2009, "Thermal Stabilisers", Case COMP/38589 The Commission has published its decision in the 2009 Heat Stabilisers case, in which it fined 24 companies producing plastic additives a total of €173 million for two complex and continuous (...)

Ana Barros Feiteira, Angie Ng, Benoît Merkt, Camilla Jain Holtse, Christian Hagerman, Christian Nielsen, David T. Fischer, Dieter Hauck, Graeme Edgerton, Inigo Igartua, Kiri Tahana, Lesley Farrell, Martijn Snoep, Martin Klusmann, Massimo Merola, Michael Reiss, Nathalie Jalabert-Doury, Nathan J. Muyskens, Nick Taylor, Rayan Houdrouge, Sara Lembo, Serge Bourque, Shreeya Smith, Suzanne Kingston, Teresa Lorca Morales, Tommy Pettersson Digital evidence searches in competition investigations: Best Practices for effective fundamental rights Results of an international survey among defense lawyers


Un programme de recherche international regroupant des avocats de la défense a été constitué sous l’égide de Concurrences afin de comparer les protections mises en place dans 15 régimes différents pour assurer le respect des droits fondamentaux dans le cadre des investigations informatiques. (...)

Nathalie Jalabert-Doury Leniency – Imputability: The European Commission releases the full version of the Candle Waxes decision, with interesting developments on probative value of documents and statements as well as on liability in case of joint ventures and agents (Candle waxes)


Eur. comm., dec. C(2008) 5476 final, 1st October 2008, "Candle waxes", case COMP/39181 The Commission issued a 2008 decision sanctioning a long-term cartel in the candle wax sector. The total amount of the fines in this case was €676 million, with several companies benefiting from leniency (...)

Nathalie Jalabert-Doury Oral statements in antitrust law procedure


For a long time, competition authorities required written evidence of the infraction. At times authorities recorded oral statements, but statements were essentially used to confirm written evidence. Nevertheless, an evolution occurred : the authorities have accepted more and more statements as (...)



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