European University Institute (Florence)

Nicolas Petit

European University Institute (Florence)
Joint Chair in Competition Law

Nicolas Petit has been appointed as Joint Chair in Competition Law at the European University Institute (EUI) and the Robert Schuman Centre for Advanced Studies (RSCAS). Nicolas Petit is also invited Professor at the College of Europe in Bruges. He will be on special leave from the Law School of the University of Liege (ULiege) where he has been full Professor since 2007 and where he received his Phd. Prior to joining the EUI, Nicolas Petit has held a public office position as a part time judge with the Belgian competition authority, and has also worked in private practice with a leading US law firm in Brussels. Nicolas Petit is the co-author of EU Competition Law and Economics (Oxford University Press, 2012) and the author of Droit européen de la concurrence (Domat Montchrestien, 2013 and 2018), a monograph which was awarded the prize for the best law book of the year at the Constitutional Court in France. In 2005 he was a member of Harvard Law School’s Visiting Researchers Programme. Nicolas Petit’s work has appeared in numerous journals including the Antitrust Law Journal, the European Law Review, the Review of Industrial Organization, the Columbia Journal of European Law and the Fordham Intellectual Property, Media & Entertainment Law Journal. Nicolas Petit is the 44th top SSRN author in the category “Law”. Since 2017 he is a member of the European Commission High Level Expert Group on Artificial Intelligence.


Linked authors

European University Institute (Florence)
European University Institute (Florence)
European University Institute (Florence)
Florence School of Regulation (FSR)
University of Tilburg


Nicolas Petit (Université de Liège)
Nicolas Petit 14 June 2019 Paris


43704 Bulletin

Nicolas Petit The EU Court of Justice AG Saugmandsgaardoe issues opinion suggesting that a firm without an indispensable infrastructure can nonetheless abuse a dominant position by way of margin squeeze (Slovak Telekom) (Deutsche Telekom)


I share below a quick analysis of the Opinion of Advocate General ("AG") Saugmandsgaardoe in Deutsche Telekom and Slovak Telekom (DT & ST) v Commission (C-152 and 165/19 P). The legal issue at the heart of the case giving rise to the Opinion is the following: can a firm without an (...)

Nicolas Petit The EU Court of Justice reaffirms the distinction between the anticompetitive effect-object of an agreement caught under the prohibition in Article 101(1) TFEU without setting out clearer terms of demarcation between the two disjunctive conditions (Allianz)


Flatline* I recently had the opportunity to sift through the recent case-law of the Court. The CJEU ruling in Allianz Hungary, C-32/11 stands out. Our Lords again blurred the object/effect distinction. The Court held that “object” restrictions can be established by proof of (...)

Nicolas Petit The EU Commission finds in a case concerning e-books that, given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect interstate trade (E-Books)


Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

Nicolas Petit The EU Commission makes legally binding commitments by a national numbering agency to abolish fees for use of US international securities identification numbers (Standard & Poor’s)


The Rick Perry Syndrome* “Oops“, the Commission did it again… On November 15, 2011, in the S&P case, the Commission again closed abuse of dominance proceedings with an Article 9 decision. As already explained, Article 9 decisions have become the conventional procedure in Article 102 (...)

Nicolas Petit The EU Court of Justice adopts a preliminary ruling in a telecom case depriving Competition Authorities of the power to take negative decisions while enforcing competition rules under EU Reg. 1/2003 (Tele2 Polska)


The Perverse Effects of the Court’s Ruling in Tele2 Polska* In its recent Tele2 Polska ruling, the Court deprived the National Competition Authorities "NCAs" of the ability to take "negative decisions" (C-375/09, Prezes Urzędu Ochrony Konkurencji i Konsumentów contre Tele2 Polska sp. z o.o., (...)

Nicolas Petit The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)


Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

Alexandre Defossez, Nicolas Petit The Belgian Competition Authority assesses the validity of opening days/hours and advertising provisions for pharmacy outlets as set by the pharmacists’ professional associations (Belgian Pharmacists Associations)


1. Parties The present case arose from three complaints lodged in 1998 by several retail pharmacy outlets before the Belgian Competition Council (“the Council”). The complaints were directed against the Belgian Pharmacists Association as well as various local pharmacists association (...)

Nicolas Petit The EU General Court rejects the application for annulment dismissing the argument that the reluctance of retailers to sell products of other ice-cream manufacturers could not be attributed to the exclusivity clause (Van den Bergh Foods/Commission)


Twilight of the Idols* The Van den Bergh Foods case, aka the Ice Cream case, if often cited as one of the best Article 101 TFEU judgments ever handed down by the General Court. Many praise its modern, unformalistic approach of vertical ties. They like its focus on the economic magnitude (...)

47398 Review

Nicolas Petit Droit Européen de la Concurrence (ed.3), Nicolas PETIT


This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Jorge Padilla, Nicolas Petit Competition policy and the Covid-19 opportunity


This short paper argues that the Covid-19 crisis provides an opportunity for improvements in long term growth in the EU by allowing the exit of zombie firms that trap industries into low productivity cycles, limited technology diffusion, and weak economic dynamism. To seize this opportunity, (...)

Nicolas Petit Chinese State capitalism and Western antitrust policy


Enthused by China’s conversion to the free market system in 1978 and its adoption of Western-style market institutions, the world has spent the last few decades turning a blind eye to China’s real “governance” problem: that a shadow Party-State system permeates all branches of the economy. (...)

Nicolas Petit About conflicts of interests in EU competition proceedings


The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less, if none attention has been paid to the rules and remedies that govern conflicts of (...)

Alexander Gee, Bruno Lasserre, Charlotte Lousberg, Ian Forrester, Nadia Calvino, Nicolas Petit, Peter Freeman Sector inquiries: Complements or substitutes for antitrust enforcement? (New Frontiers of Antitrust Conference, 15th February 2010)


Enquêtes sectorielles : Complément ou substitut de l’action des autorités de concurrence ? Introduction générale Frédéric JENNY President, OECD Competition Committee President of the International board of the Review Concurrences Professor, Co-Director of the Centre Européen de Droit (...)

Nicolas Petit EC settlement procedure: A chart


The new settlement procedure introduced by the Commission in July 2008 brings about significant changes in conventional antitrust procedure. To cast light on theses changes and their practical implications, the present article and table provide a snapshot of the settlement procedure. 1. The (...)

Nicolas Petit Non-competition concerns under the ECMR - An overview


The attached table (see pdf) lists the EC merger cases where non-competition concerns were raised (industrial policy, social concerns, personal data protection etc.). A short article summarizes the issues raised by non-competition concerns in the ECMR. This short article is published with a (...)



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