French Competition Authority (Paris) New Caledonia Competition Authority (Noumea)

Walid Chaiehloudj

University of Perpignan, French Competition Authority (Paris), New Caledonia Competition Authority (Noumea)

Walid Chaiehloudj is a Full Professor at University of Perpignan. He is also member of the College of the French Competition Authority as a qualified personality and member of the College of the New Caledonian Competition Authority. He holds a PhD in competition law from Aix-Marseille University. His thesis focuses on pay-for-delay agreements and has been awarded The 2018 Concurrences Best PhD Award, The 2018 Jules and Louis Jean Bernat Prize for the student with the best doctoral studies from Aix-Marseille University and the Vogel "coup de coeur" Prize 2022 in Economic Law. He is currently co-responsible for the Yves Serra Centre for Economic and Development Law (UR 4216). Walid Chaiehloudj was awarded the Concurrences Ph.D. Award in 2018, for his thesis Les accords de report d’entrée - Contribution à l’étude de la relation du droit de la concurrence et du droit des brevets.

Linked authors

University of Perpignan
French Competition Authority (Paris)
French Competition Authority (Paris)
French Competition Authority (Paris)
New Caledonia Competition Authority (Noumea)


Walid Chaiehloudj (University Aix-Mairselle)
Walid Chaiehloudj 11 June 2018 Paris


2177 Bulletin

Walid Chaiehloudj Pay for delay agreements: An overview of EU and US Case Law


Are pay-for-delay agreements still a hot topic for competition authorities and courts? The answer, albeit reckless, is definitely “yes”. As the years go by, competition authorities still seem determined to fight these agreements, which are sometimes referred to as “patent settlements” or “reverse payment settlements”. Fundamentally, there are several reasons why competition authorities on both sides of the Atlantic remain vigilant.

25041 Review

Walid Chaiehloudj, Benoît Cœuré, Christophe Venture, Aurélie Zoude-Le-Berre, Nicolas Genty, Antoine Callot, Matthieu Pujuguet, Déborah Higuero, Virginie Elissalde Competition law enforcement according to the three French competition authorities in French overseas territories (Nouméa, 27 juillet 2022)


Abstract On 27 July 2022 in Noumea, the New Caledonian Competition Authority organized an anniversary conference to celebrate the fourth year of its establishment. The aim of the conference was to compare the views of the three French competition authorities (the French Competition (...)

Walid Chaiehloudj USA: The Department of Justice asks the District Court for the Southern District of New York to limit the antitrust exemption granted for a century to Major League Baseball (Major League Baseball)


The recent U.S. Supreme Court decision in Dobbs v. Jackson on June 24 sent shockwaves through the United States and around the world (U.S. Supreme Court, Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022)). The much-discussed decision reversed the famous 1973 Roe v. Wade (...)

Franck Audran, Martine Behar-Touchais, Frédéric Buy, Walid Chaiehloudj, Antoine Choffel, Sophie Harnay, Stéphane de La Rosa, Sophie Pelé, Marion Provost, Mélanie Thill-Tayara Emmanuel Macron, as Minister and President: a rather positive competitive record in competition law


What is the competition balance sheet of Emmanuel Macron, Minister of the Economy and then President of the Republic? It is remarkable that Emmanuel Macron had a very strong reforming will in competition and distribution law, by opening markets (regulated professions, bus transport, rail (...)

Walid Chaiehloudj USA: The Federal Trade Commission waives its right to ask the Supreme Court to rule on a monopolization practice involving intellectual property rights (Qualcomm)


Short justifications and a great deal of disappointment is the feeling generated by the FTC’s questionable choice to drop the Qualcomm case from the US Supreme Court. It is true that the case was a sensitive one and that the FTC’s arguments had been curtly rejected by the Ninth Circuit Court (...)

Walid Chaiehloudj USA: The U.S. District Court for the Northern District of California receives a complaint from the developer of a famous video game accusing the company hosting the game in its application store of monopolization (Epic Games / Apple)


WillApple ’s business model falter? In the United States, the American giant is exposed to an antitrust lawsuit whose outcome is very uncertain. Epic Games, the developer of the famous video game Fortnite, has decided to wage a risky battle against the apple company. The latter is accused of (...)

Walid Chaiehloudj USA: The U.S. Department of Justice reviews a white paper submitted by a professional organization representing newspaper publishers in which it accuses a search engine of abusing its dominant position in the online search market


David va-t-il renverser Goliath ? Un tel exploit, certes rare à l’échelle de l’histoire, n’est pas tout à fait inédit. La prouesse de David, enfermée dans le saint livre qu’est la Bible hébraïque, n’a d’ailleurs pas échappé aux éditeurs de presse américains. Ces derniers, semblant se souvenir (...)

Walid Chaiehloudj USA: The Court of Appeals for the Seventh Circuit applies the Noerr-Pennington doctrine in an antitrust case on the futures market (U.S. Futures exchange / Board of Trade of the City of Chicago)


Anti-trust law, whose provisions are of public order, belongs to a matter imbued with imperative nature. It is therefore very difficult for companies to escape its grasp when the loops of Section 1 or Section 2 of the Sherman Act close around them. At most, they can try to use the residency (...)

Walid Chaiehloudj USA: Eighty-two academics file an amicus brief with the Fifth Circuit Court of Appeals in support of the Federal Trade Commission’s position in a pay-for-delay case (Impax Laboratories)


The Impax case that we have recently discussed in these columns has bounced back in the courts (Concurrences No. 2-2019, Art. No. 90540, p. 208). The pharmaceutical company seeks to challenge the Federal Trade Commission’s (FTC) assessment that the agreements entered into by the company were (...)

Walid Chaiehloudj USA: The Northern District Court of Georgia receives a complaint filed by an online advertising company accusing a well-known search engine company of monopolizing the market (Inform / Google, Alphabet, Youtube)


Is the antitrust vise around Google tightening in the United States? A previous chronicle might have raised doubts about this (Concurrences No. 3-2019, art. No. 91291, p. 211). We remember that in Google vs Marshall’s Locksmith Service, the search engine had finally managed to escape antitrust (...)

Walid Chaiehloudj United States: The Antitrust Division of the Department of Justice for the first time in its history uses arbitration to challenge merger between two suppliers of aluminium car body manufacturer under the Administrative Dispute Resolution Act of 1996 (Novelis / Aleris)


Since the Supreme Court’s 1985 decision in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985), the question of whether antitrust law and arbitration form an impossible couple no longer arises. The decision had clearly answered this question by stating, inter alia, that (...)

Walid Chaiehloudj US: The Court of Appeal for the District of Columbia Circuit confirms that search engines, leaders in the online search market, benefit from an antitrust immunity (Google / Marshall’s Locksmith Service)


Can a search engine escape antitrust prosecution when it acts as an intermediary on the Internet by providing false information on the location of companies? In other words, can the Sherman Act be overridden when a search engine merely takes over location information provided by third party (...)

Walid Chaiehloudj United States: The U.S. Court of Appeals for the Ninth Circuit denies a challenge to the use of the per se rule in a criminal antitrust case (USA / Javier Sanchez)


Inexistent at the level of the European Union and very little used in France, criminal antitrust law seems to be ignored on the old continent. This is not the case in the United States. On the contrary, it enjoys a remarkable influence on the other side of the Atlantic. For several decades (...)

Walid Chaiehloudj The U.S.: The Eastern District Court of Virginia orders a company resulting from a recent merger to divest a door manufacturing plant in order to restore competition in the interior door market (Steves and Sons / Jeld-Wen)


The case recently decided by the court of the Eastern District of Virginia is interesting for several reasons. In particular, it reveals the very high antitrust risks that certain companies that result from a merger approved by the Department of Justice may face. In this case, after the U.S. (...)

Walid Chaiehloudj United States: The US Supreme Court rules that the credit card market is a multisided market and that anti-steering clauses do not have anticompetitive effects on this market (American Express)


The Amex case is certainly one of the most emblematic cases of 2018 in the United States. It took root in the fall of 2010 following a complaint filed jointly by the Department of Justice and seventeen states against three bank card companies (EECB): Visa, MasterCard and American Express (...)

Walid Chaiehloudj United States: The US District Court for the Northern District of California receives a lawsuit seeking class action status against three main manufacturers active in the memory chip market for having concluded anticompetitive agreements (Michele Jones and alii / Micron Technology, Micron Semiconductor Products, Samsung Electronics, Samsung Semiconductor, Hynix, Hynix America)


On April 19, a class action was filed in the Northern District Court of California accusing Samsung, Hynix and Micron of having entered into anti-competitive agreements in the market for memory chips, which specialists refer to as dynamic RAM memories. In the United States, these memory chips (...)

Walid Chaiehloudj United States: The United States Court of Appeals of the Third Circuit adopts a restrictive analysis of antitrust interest in bringing proceedings (Wellbutrin XL Antitrust Litigation Indirect Purchaser Class)


By imposing the rule of reason on lower courts to review entry deferral agreements, the Actavis judgment did not resolve all the difficulties posed by pay-for-delay ( Federal Trade Commission v. Actavis, 133 S. Ct 2223, 2013, obs. J.-C. Roda). Indeed, the choice of the rule of reason has not (...)



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