


Nicolas Petit
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.
Distinctions
Nominee, 2022 Antitrust Writing Awards: Academic, Digital
Winner, 2021 Antitrust Writing Awards: Academic, Intellectual Property
Nominee, 2021 Antitrust Writing Awards: Academic, Digital
Winner, 2020 Antitrust Writing Awards: Academic, Unilateral Conduct
Winner, 2017 Antitrust Writing Awards: Academic, Asian Antitrust
Nominee, 2015 Antitrust Writing Awards: Academic, Dominance
Nominee, 2014 Antitrust Writing Awards: Academic, Intellectual Property
Winner, 2012 Antitrust Writing Awards: Academic, Unilateral Conduct







Linked authors
14454 | Events





Articles
43704 Bulletin
202
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 (...)
3144
Since the Airtours saga, the European Union ("EU") law on collective dominance has entered into a period of relative repose. The shift from a structural approach to a more behavioral, game-theoretic approach is now embraced by the EU Commission, which has incorporated the case law of the EU (...)
277
The Unintended Consequences of the Case Law on Restrictions by Object* On second thoughts, the recent bad case law on the notion of “restriction by object” may incidentally, and unexpectedly, fetter the margins of the Commission, and in particular its ability to handle all cases under the (...)
415
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 (...)
581
Thoughts on the Commission’s Decision in UPS/TNT* My back of the envelope analysis of the Commission’s prohibition decision in UPS/TNT, following yesterday’s GCLC lunch talk. Some facts first - With this decision, the Commission prohibited a merger to duopoly in the express mail business. (...)
472
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: (...)
855
There’s no way, but the hard way* The Commission’s Draft Proposal for a New Regulation on Credit Rating Agencies (“CRAs”) is just out. It enshrines a whole host of competition-related remedies (see text at the end of this post). Amongst the proposals on the table: • A limitation of the (...)
700
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 (...)
417
Microsoft/Skype – or the Commission in the Shadow of Parties Submission* The Commission’s decision in Microsoft/Skype contradicts its previous Article 102 decisions in Microsoft I (WMP) and Microsoft II (Internet Explorer). Read §152 of Microsoft/Skype : “consumers do not simply use (...)
1017
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., (...)
1053
Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational (...)
587
Information Exchange and Cartels – Dangerous Liaisons?* Are information exchanges really = cartels under EU competition law? The issue has triggered many discussions on the blog lately. I just thought I’d post my own ruminations on this. The Guidelines do not really say that information (...)
2129
In 2007, an entrenched U.S. antitrust law standard was struck down: in Leegin, the U.S. Supreme Court wiped out the 96 year old rule of per se illegality of resale price maintenance (hereafter, “RPM”) . Whilst Leegin marks a clear relaxation of the law on RPM, such practices are still viewed (...)
710
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 (...)
2349
Introduction An unlawful, abusive, margin squeeze typically occurs where a vertically integrated firm active in two related upstream and downstream markets supplies the upstream input to its downstream rivals, and charges prices that curtail the latter’s ability to exercise an effective (...)
3317
1. Parties The present case arose from a complaint lodged by Review Applications of Communication (“RAC”), a firm active in communications applications before the Belgian Competition Council (“the Council), against a non-profit association, the Association of Interior Architects of Belgium (...)
3730
I. Parties VEBIC is a professional association which comprises as its members all the Flemish provincial associations of bakers. Amongst the various activities it carries out on their behalf, VEBIC publishes a magazine entitled “Passie”. II. Facts Until 1 July 2004, the price of breads (...)
12990
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 (...)
521
"The Last Hundred Days Strategy"- Is the Qualcomm Case Over?* Milton Friedman and his wife Rose Friedman are known for having theorized that recently elected governments generally enjoy a period of political immunity following elections, which allows them to push reforms, including tough (...)
8028
I. Parties Portima is an ICT company which provides electronic network and software services to insurance companies and brokers. Computer Ressource management (“CRM”) is a rival company which develops secured information exchange softwares for insurance companies and brokers. II. Facts (...)
210
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
41
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 (...)
64
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 (...)
94
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 (...)
62
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 (...)
235
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 (...)
5847
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, (...)
1422
In this short piece, I critically discuss the development of harm to innovation as a theory of anticompetitive harm in EU merger policy, following the conditional approval of the Dow/Dupont in 2017. In the last few years, the European Commission’s (the “Commission”) assessment of horizontal (...)
909
Case 1 was dedicated to the practices of search engines in the scope of Chinese, American and European laws. An economist has also shared his point of view on the matter. 1. Rant is a particularly efficient search engine, present in all countries of the world. In the search engine (...)
479
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. (...)
1306
The 2009 decision of the EU Commission imposing a €1.06 billion fine on Intel, and the subsequent judgment of the General Court (GC) upholding the decision have sparked an intense debate as to the way Article 102 TFEU should be applied. This On-Topic adds to the fervent discussion with (...)
1138
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 (...)
3412
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 (...)
3551
La présente étude s’intéresse à la question de l’étendue du pouvoir discrétionnaire détenu par les autorités de concurrence (« AC »), et tente de déterminer si ce pouvoir devrait, ou non, être sujet à limitations. A cette fin, elle passe en revue quatre domaines dans lesquels les AC sont (...)
5082
The present paper discusses whether the market share thresholds enshrined in Regulation 2790/1999 correctly apprehend the foreclosure risks arising from single branding and exclusive purchasing obligations. As far as the risks of customer foreclosure arising from single branding obligations (...)
4919
On 8 July 2009, the European Commission’s released its long-awaited Final Report on its Pharmaceutical Sector Inquiry. The Final Report suggests that the shortcomings of the regulatory framework are a key explanatory factor for delayed generic entry and limited innovation. Meanwhile the Final (...)
4896
A little more than to years following its inception, this article seeks to assess whether the new Belgian competition law of 2006 has delivered its purported ambitions. We come to the conclusion that, on three core aspects, the reform has not (yet?) reached its ambitious goals. First, whilst (...)
4908
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 (...)
2254
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 (...)
6779
QUESTIONS : 1. Since April 2007, you are the Director General of the Belgian Service for Competition. Prior to this, you were a Partner in a major international law firm, as well as a Professor at the Katholieke Universiteit Leuven. Could you please come back on the reasons which induced you (...)
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