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Olivier Fréget

Fréget Glaser & Associés (Paris)

Founding Partner

Olivier Fréget is the founding partner of Fréget & Associés, renamed Fréget Glaser & Associés in 2021. Previously he was a partner at Allen & Overy Paris heading the Paris EU & Competition team. He has specialised in EU and competition law since the very beginning of his career in 1990 ; his experience covers abuse of dominant position (in particular pricing practices such as predation, tying, bundling, squeezes, raising rivals’ costs, etc.), anti-competitive agreements, state aids, French Law restrictive practices and merger control. He has led several high profile private enforcement cases before the Commercial Courts. He has also represented clients before the General Court in particular in the context of state aid cases and merger decisions. Olivier has renowned expertise in the sector of the network industries (telecommunications, energy), the media (TV and radio) and pharmaceutical sectors. He is regularly quoted as leading individual in major rankings such as Chambers Global and Legal 500.

Distinctions

Winner, 2012 Antitrust Writing Awards: Academic, General Antitrust

Contact

Linked authors

Ossman Badir

Fréget Glaser & Associés (Paris)

France 1 contribution

Eléa Corlet

Fréget Glaser & Associés (Paris)

France 1 contribution

Liliana Eskenazi

Jules Verne University of Picardie (Amiens)

France 3 contributions 6552 visits

Emmanuel Glaser

Fréget Glaser & Associés (Paris)

France 3 contributions 13994 visits

Caroline Torbay

Fréget Glaser & Associés (Paris)

France 1 contribution

38654 | Events

30 Nov 2022 Paris Litigation, Arbitration and Settlements in the Pharma Sector See documents

17 Mar 2022 Paris Digital Antitrust: How to Regulate? See documents

26 Jan 2022 Webinar Classification of damages due to anticompetitive practices See documents

10 Nov 2021 Webinar Towards an effective DMA: discussing Member States reactions and proposals... See documents

28 Sep 2020 Webinar Regulation of platforms : The EU Digital Services Act See documents

14 Nov 2019 Paris Competition and regulation: How to coordinate the interventions of competition authorities and sectoral regulators? See documents

17 Sep 2019 Paris Is the role of competition authorities limited to sanctions? See documents

5 Jul 2018 Paris What is excessive pricing? European, French and Italian case law See documents

31 May 2018 Paris Does the dominance of platforms call for a regulation ? See documents

2 May 2018 Paris Behavioural commitments: What are the risks? See documents

16 Jan 2018 Paris The future of the energy market from a competition law point of view See documents

13 Mar 2017 Paris The Role of Professional Associations and Lobbyists in Competition Law See documents

27 Jun 2016 Paris Standard of proof and abuse of dominant position: the as-efficient competitor test See documents

13 Jun 2016 Paris New Frontiers of Antitrust 2016 See documents

22 Mar 2016 Paris Competitive Neutrality: when taxation meets competition law See documents

9 Dec 2015 Paris Towards a Level playing field for the legal professions See documents

18 May 2015 Paris 1st Private Enforcement Conference - EU Damages directive: What consequences for litigation? See documents

26 Mar 2015 Paris Maverick et abuse of dominant position See documents

4 Dec 2012 Paris Mergers: New tools for merger review See documents

Videos

Olivier Fréget (Fréget -Tasso de Panafieu) — Olivier Fréget 31 May 2018 Paris

Olivier Fréget (Fréget - Tasso de Panadieu) [English] — Olivier Fréget 15 May 2018 Brussels

Olivier Fréget (Fréget - Tasso de Panadieu) — Olivier Fréget 15 May 2018 Brussels

Articles

65556 Bulletin

Alban Saget, Olivier Fréget The Paris Court of Appeal confirms the Competition Authority’s decision having fined two telecom operators for margin squeeze in the market for fixed to mobile lines calls (France Telecom / SFR)

2 April 2008 4931

On 2 April 2008, the Paris Court of Appeal has found France Télécom and the SFR-Cegetel Group infringed Articles 82 EC and L. 420-2 of the French Code de commerce, as a result of the implementation of practices of margin squeeze, between April 1999 and the end of 2001, in the market for «Fixed (...)

Fleur Herrenschmidt, Olivier Fréget The French Competition Authority issues a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)

11 December 2007 6802

By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former’s intellectual property rights. Although (...)

Fleur Herrenschmidt, Olivier Fréget The French Competition Authority imposes price regulation on the electricity market through interim measures (Direct Energie / EDF)

28 June 2007 8904

On 28 June 2007, the Competition Council ordered interim measures against Electricité de France ("EDF"), imposing it to market base-load electricity to alternative suppliers at a price enabling them to effectively compete with the incumbent operator’s retail sales on the free market (i.e.: (...)

Fleur Herrenschmidt, Olivier Fréget The French Supreme Administrative Court annuls a State’s decision discriminating the reimbursement’s rate between princeps and generic drugs (GlaxoSmithKline)

11 June 2007 4302

1. The Regulatory Context: positive discrimination as a starting point and the TFR a possible end to it Sales of reimbursable medicines to consumers are heavily regulated in France, from the level of the pharmaceutical company manufacturing them all the way through to the ultimate individual (...)

Maria Hauser-Morel, Olivier Fréget A German law amends the Telecommunications Act putting at risk the liberalisation of European electronic communications (Law of 18 February 2007)

18 February 2007 4704

This article refers to the recent amendments to the German Telecommunications Act introduced by a Law of 18 February 2007 on the modification of the telecommunications provisions (hereinafter: the “Law”) and aims at presenting the problems posed by the amendments from the point of view of EU (...)

Alban Saget, Maria Hauser-Morel, Olivier Fréget The French Supreme Administrative Court annuls a merger authorisation in the press sector (Société France Antilles)

31 January 2007 5324

French Administrative Supreme Court (Conseil d’État), 31 January 2007, Société France Antilles, n° 294896 Introduction On 31 January 2007 the French Supreme Administrative Court (Conseil d’État) handed down a judgement annulling a merger authorisation in the press sector. This decision is (...)

Maria Hauser-Morel, Mathieu Guennec, Olivier Fréget The French Constitutional Council rules on electricity and gas tariffs (GDF privatization)

30 November 2006 4435

French Constitutional Court (Conseil Constitutionnel), 30 November 2006, Decision n° 2006-543 DC, Law regarding energy sector (“Loi relative au secteur de l’énergie”) http://www.conseil-constitutionnel.fr/decision/2006/2006543/index.htm Law n° 2006-1537 of 7 December 2006, regarding (...)

Alban Saget, Olivier Fréget The French Minister of Economy clears without conditions a merger in the press sector (Le Monde/ Hachette Fillipacchi)

6 October 2006 3341

Minister of Economy, Finances and Industry, 6 October 2006, Letter to the Counsels of Le Monde editing society regarding a concentration in the edition sector (C2006-82) (“Lettre du Ministre de l’économie, des finances et de l’industrie du 6 octobre 2006, aux conseils de la société (...)

Olivier Fréget, Stéphanie Yon-Courtin The French Minister of Economics clears the merger between the two pay-TV operators with 59 commitments after consultation of both the audiovisual regulator and the French Competition Council (TPS / Canal Sat)

30 August 2006 7947

On 30th August 2006, the French Minister for the Economy, Finance and Industry (the Minister) authorised the merger between TPS and Canal Sat, the two satellite broadcasting and television service providers in France, after the parties entered into 59 commitments limiting the operation’s (...)

Mathieu Guennec, Olivier Fréget The French Governement adopts a new decree relating to the dispute settlement procedure before the audiovisual regulator (Decree N° 2006-1084)

29 August 2006 3463

On the 29th of August 2006, two years after Law n° 2004-669 of 9 July 2004 regarding electronic communication and audiovisual communication services came into force, the French government adopted an anticipated decree in pursuit of article 35 of the aforementioned law, relating to the dispute (...)

Mathieu Guennec, Olivier Fréget, Stéphanie Yon-Courtin The German telecommunications regulator imposes ex post price regulation on the incumbent in the retail fixed access and local and national voice calls markets in spite of critical comments of the EC Commission based on the Framework Directive (Deutsche Telekom)

14 June 2006 8258

The decision of European Commission (the Commission ) is legally founded in article 7(3) of the 2002 Framework Directive on electronic communications networks and services (the “Framework Directive” ) which empowers the Commission, through its Society and Media, and Competition (...)

Olivier Fréget, Rachael Mooney The UK Department of Trade and Industry and HM Treasury makes an assesment of the concurrent powers of the NCA and the sectoral regulators to enforce competition law (DTI/HM Treasury Report, May 2006)

May 2006 3145

The Purpose of the Study In May 2006, the UK government’s Department of Trade and Industry (the DTI) and HM Treasury produced a Report (the “Report”) on the concurrent competition powers possessed by the UK’s sectoral regulators [Office of Gas and Electricitys Markets (Ofgem), Office of (...)

42435 Review

Bernard Roman, Olivier Fréget Bernard Roman (French Regulatory Authority for Rail and Road Activities): Rail liberalization

November 2018 556

Interview conducted by Olivier Fréget Partner, Fréget & Associés, Paris. For contract services, examples from other European countries have shown that opening up to competition has not necessarily led to lower tariffs. What benefits does the Authority expect from this, for users and the (...)

Charlotte Tasso de Panafieu, Olivier Fréget, Sebastien Soriano Sébastien Soriano (ARCEP): Let’s invent a "Robin Hood" regulation that returns power from the digital titans back to everybody!

September 2018 1858

Interview conducted by Charlotte Tasso-de Panafieu and Olivier Fréget, lawyers, Fréget - Tasso de Panafieu, Paris. For several years now, in addition to or in addition to your role as regulator, you have been alerting public opinion with some strong statements on the dangers of the "platform (...)

Olivier Fréget Is respect of free and fair competition a finality or a tool?

September 2016 1015

With the rise of the common market and the search for a competition law based on “sound economic principles” during the end of the twentieth century, we buried the now aged German ordo-liberal philosophy. This finality had as a purpose to maintain certain types of markets as a finality in (...)

Bruno Lasserre, François Lévêque, Françoise Benhamou, Frederic Jenny, Gildas de Muizon, Harry First, Mario Siragusa, Olivier Fréget, Thibaud Simphal Disruptive innovation, law and competition (Paris, 29 January 2016)

September 2016 1194

Innovation today is shifting the established positions of a growing number of companies and industries. There is no shortage of qualifiers to underline the power of this phenomenon: drastic innovation, destabilising innovation, disruptive innovation, radical innovation, disruptive innovation. (...)

Emmanuel Micol, Laurent Flochel, Marina Gibbs, Olivier Fréget, Vincent Maillard The deployment of optic fiber network in France (Paris, 8 November 2011)

May 2012 661

The optic fiber is being deployed by using a large part of the civil engineering infrastructures (the ducts) built between 1965 and 1995. These infrastructures have been financed by the Administration des Postes and later by France Télécom within the framework of their successive monopolies, (...)

Olivier Fréget Regulated access and access to essential facilities: Is it now time for a review?

May 2011 2155

This paper is derived from a seminar held by Concurrences review in Paris on 11 January 2011 together with the author and Mrs Valérie Meunier, member of the Chief Economist team of the Competition Authority, and M. David Spector, economist, MAPP. The author calls for a limitation of the ambit (...)

David Spector, Etienne Pfister, Olivier Fréget Predatory strategies

December 2010 3347

This set of three papers is derived from the training session on the predatory strategies organised by Concurrences Review that has held on 5th July 2010 in Paris. The first paper is a short introduction of the Economist Etienne Pfister presenting the preemptive strategies and how these (...)

Marie Potel-Saville, Olivier Fréget The French Gambling Act: True competition?

September 2010 3936

The French Gambling Act was initiated under a certain pressure from the European Commission, under the impulse of the Court of Justice case law, given that the compliance with EU law of the previous blanket prohibition in France of gambling apart from State monopolies, partly justified by the (...)

Charlotte Beauchataud, Jeanne Lubek, Olivier Fréget, Thibaud Vergé Economics of monopolies with differentiated products

September 2010 4169

Evaluating of the effects, on competition on the market, of mergers between companies that provide differentiated products is complex; it is not so much the definition of the market or the position of the parties that matter, but the ability of the new entity to raise prices profitably. The (...)

Anne de Cadaran, Christophe Barthélémy, Ines Zenke, Jean-Baptiste Siproudhis, Jean-Patrice de La Laurencie, Jean-Paul Tran Thiet, Markus Kerber, Olivier Fréget, Philippe Redaelli Ten years of liberalisation of energy: Contrasted points of view

February 2009 8660

The set of six articles covers a wide panel of points of views ten years after the 1999 EC Directive. Readers will be able to read the following contributions: 1. Update on Wholesale Energy Market Regulation - Philippe Redaelli, General Counsel and Chief Financial Officer, Powernext; 2. (...)

Carlos Pascual Pons, Jérôme Gallot, Marie-Dominique Hagelsteen, Olivier Fréget Towards a merger of the Conseil de la concurrence and the DGCCRF?

February 2007 8081

The Novelli Report - Commission for Finances, Economics and Planing - relaunched the debate about a prospective merger between the two French competition authorities, i.e. the Competition Council and the DGCCRF, a unit of the Ministry of the Economics. The Editorial Board of the review (...)

Fleur Herrenschmidt, Olivier Fréget Lobbying and Competition Law

September 2006 6803

Both the efficiency and the legitimacy of sector-specific regulation rely on the guarantee that the relevant regulators have not been «captured» by those they are expected to regulate. The present article proceeds with a brief analysis, first, of the formal mechanisms that reduce the risks of (...)