Nathalie Jalabert-Doury

This article provides an update on the rules applying to antitrust investigations carried out by DG COMP and the French competition authorities. The new rules, case law and agencies’ initiatives in that field over the past nine months are covered. At the EU level, the article provides comments (...)

This article provides an update on the rules applying to antitrust investigations carried out by DG COMP and French Competition Authority officials. The new rules, case law and agencies initiatives in that field over the past six months are covered. At the EU level, this article notably covers (...)

The present article reviews and comments new developments concerning competition investigations for the period between January and June 2015, at the EU and French levels. At the EU level, the Vinci and Deutsche Bahn judgment are notably discussed, concerning respectively IT searches and (...)

In the period covered by the present article, several European court cases may be mentioned, including the Orange, Nexans and EPH court decisions. The European Court for Human Rights also delivered a ruling in the Delta Pekarny case concerning the requirement of judicial review. In France, the (...)

This article provides an update on the rules applying to antitrust investigations carried out by DG COMP and French Competition Authority officials. The new rules, case law and agencies initiatives in that field over the past six months are covered. At the EU level, this update notably reviews (...)

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") (...)

On 10 December 2013, the European Commission imposed fines of €16 million under Article 101 TFEU on Johnson & Johnson and Novartis for delaying the market entry of fentanyl, a generic pain reliever. The Dutch subsidiaries of the two groups entered into an anti-competitive agreement in July (...)

On 27 November 2013, the European Commission imposed fines of €28 million under Article 101 TFEU on four North Sea shrimp traders for participating in a price-fixing cartel. Three of these companies, Heiploeg, Klaas Puul, and Kok Seafoof, are based in the Netherlands. Stührk is established in (...)

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 (...)

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 (...)

Concordant Aut. 20 September 2013, Dec. 13-D-18 on Visa practices in the payment card industry. On 20 September 2013, the Competition Authority issued two decisions in the payment cards sector. Two proceedings had been initiated against Visa and MasterCard following a complaint by the (...)

By a decision of 23 June 2010, the Commission had imposed fines of more than €622 million on 17 bathroom equipment companies for coordinating between 1992 and 2004 the selling price of bathroom fixtures in France, Germany, Austria, the Netherlands, Italy and Belgium, during meetings of (...)

This is the first of the ongoing cartel investigations in the field of car parts to come to a successful conclusion. The decision condemns five producers of wire harnesses for car manufacturers Toyota, Honda, Renault and Nissan to a total of €141 million for agreeing on prices and sharing (...)

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 (...)

The Commission has fined the Danish pharmaceutical group Lundbeck and generic producers a total of €146 million for having colluded in 2002 to delay the market entry of the generic antidepressant Citalopram. As Citalopram’s patent had expired, a generic producer had started to market a (...)

Trib. EU, 18 June 2013, Fluorsid, Case T-406/08 In 2008, the Commission sanctioned a very short-term cartel in the aluminium fluoride sector (only 6 months), which was discovered on the basis of an immunity application by one of the producers concerned. The combined fines imposed on the (...)

The Court of Cassation was seized of appeals by several of the companies condemned in the road signs case (decision No. 10-D-39 of 22 December 2010, decision No. 10-D-39 of 22 December 2010, decision No. 10-D-39 of 22 December 2010, decision No. 10-D-39 of 22 December 2010, decision No. (...)

Trib.UE, 17 May 2013, Parker ITR, cases T-147/09 and T-148/09 Trib.UE, 17 May 2013, Parker ITR, Case T-154/09 The three judgments rendered by the Tribunal in the Marine Pipe case are most interesting in that they provide jurisprudence at different levels of analysis, from the establishment (...)

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 (...)

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 (...)

Following the Court of Justice’s ruling on the preliminary question referred to it (see this column, ConcurrencesNo. 1-2013, p. 63), the Commission has decided to refer the matter to the Court of Justice for a preliminary ruling.), the Court of Cassation had to resume the proceedings in the (...)

In a 2011 decision, the Competition Authority sanctioned ten companies for their participation in concerted actions in the context of calls for tenders for electrification and electrical installation (see this column ConcurrencesNo. 1/2012, p. 100).). Three of these undertakings appealed (...)

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 (...)

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 (...)

CJEU (ord.), 7 February 2013, La Retoucherie de Manuela v. La Retoucherie de Burgos, Case C-117/12. A question was referred to the Court of Justice for a preliminary ruling by a Spanish court concerning a dispute between a franchisor and its former franchisee. The Spanish court had more (...)

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 (...)

Eureka, Dec. 2012, C(2012)9288, 12 Dec. 2012, e-book, case COMP/39.847 On 1 December 2012, the Commission adopted a decision accepting commitments from four publishers (Hachette, Harper Collins, Holtzbrick and Simon & Schuster) and Apple regarding the marketing of digital books. As a (...)

Eur Com, Dec. 5, 2012, Cathode-ray tubes - CRT, Case COMP/39.437, IP/12/1317 These are two particularly long and structured cartels that the Commission has sanctioned by this decision. The sanctioned practices concern colour tubes for TV sets and computer monitors and would have covered the (...)

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 (...)

The pre-notification phase has proved to be a useful mean to address “upfront” many of the issues that a concentration may raise, without being bound by the strict timetable of the formal review process. It works well but there is arguably still some room for improvement. The (...)

CA Paris, ch. 5-7, 11 October 2012, Monuments historiques, RG 2011/03298 In its "Monuments historiques" decision of 2011, the Competition Authority had sanctioned 14 companies to the tune of almost €10 million for having shared out almost all the public contracts for the restoration of (...)

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, (...)

Opinion of Advocate General Kokott, 6 September 2012, Expedia Inc, Case C-226/11, "Online Travel Sales") The Court of Justice has received a reference for a preliminary ruling from the Cour de cassation (Court of Cassation) in the Expedia case, in which the Competition Council found that (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

CA Paris, ch. 5-7, June 30, 2011, Orange France; on second reference after cassation, against Cons. conc. dec. no. 05-D-65 of November 30, 2005, "Mobile Telephony". In 2005, the French Competition Council sanctioned the three French mobile telephone operators to a total of 534 million euros (...)

GCEU, 16 June 2011, Bavaria v. Commission, Case T-235/07, "Netherlands beer market". GCEU, 16 June 2011, Heineken Nederland and Heineken v. Commission, Case T-240/07, "Netherlands beer market". In 2007, the Commission imposed particularly heavy fines on the two companies concerned (€242 (...)

Trib. EU, 17 May 2011, Elf Aquitaine v Commission, Case T-299/08, "Sodium Chlorate". Trib. UE, 17 May 2011, Arkema France v Commission, Case T-343/08, "Sodium Chlorate". It is sometimes difficult to read the judgments of the Court of First Instance together: a few weeks before delivering a (...)

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 (...)

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. (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

The papers gathered in this section illustrate the new sanctions policy of the French Competition Authority, following the release of draft guidelines on 17th January 2011. In her contribution, Me Jalabert Doury focuses on the mechanisms proposed in the draft guidelines. Professor Emmanuelle (...)

Concordance No. 10-D-39 of 22 December 2010 on practices implemented in the vertical road signage industry The organised cartel - uncovered by a criminal search carried out at a cartel meeting - concerned the vertical road signs sector. The decision reports that the cartel members shared out (...)

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 (...)

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. (...)

The new Competition Authority is now vested with investigation powers and begins effectively implementing them. Some changes might follow in the methods and practical means implemented so far by the National Division for Competition Investigations of the Ministry for the Economy. The angle (...)

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 (...)

The credibility of the system of merger control relies on the fact that firms comply with the remedies. The importance of this issue has been increased by the development of behavioural remedies and by the increasing complexity of the different types of structural remedies. In this context, (...)

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 (...)