Walid Chaiehloudj

We know from the General Electric/Honeywell and Boeing/McDonnell Douglas cases that multi-jurisdictional mergers can create great tension between Europeans and Americans. One still remembers the harsh words spoken at the time by Senator Hollings, who railed against the European Commission’s (...)

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 (...)

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 (...)

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 (...)

Bis repetita? Nullo modo would be the answer... In a decision dated January 11, the District Court of Columbia ruled this time that the complaint filed by the Federal Trade Commission was very well founded. Also, the U.S. court decided to reject the arguments of Facebook, which asked that the (...)

Does legal certainty exist in antitrust law? The FTC has once again answered in the negative by deciding to delete one of its flagship texts: the Vertical Merger Guidelines. It must be said that this decision is as surprising as it is astonishing, as this soft law text was adopted... in June (...)

Is competition law the appropriate instrument for disciplining big digital companies? Shouldn’t we admit its limitations in apprehending certain deviant behaviors recently detected on many digital markets? The development of digital regulation law suggests that competition law cannot do (...)

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 (...)

At a time when the world is still living to the rhythm of the covid-19 pandemic, another disease, invisible to the eye of the uninformed citizen, is hitting the United States with full force: antitrust fever! It has spread at an unprecedented and, to tell the truth, unsuspected speed. For it (...)

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 (...)

Thunderclap in the United States! The ruling by the Ninth Circuit Court of Appeals completely overturns the ruling issued a few months earlier by the Northern District Court of California in the Qualcomm case(FTC v. Qualcomm, No. 17-cv-00220, Dkt. 1490 (N.D. Cal. May 21, 2019)). The FTC’s (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

No loosening of deferral of entry agreements appears to be the direction given to FTC officers. In its Opinion written by Noah Joshua Phillips, the U.S. Competition Authority unanimously ruled on March 28 that generic Impax had entered into an illegal pay-for-delay agreement with Endo (for a (...)

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 (...)

For the second year in a row, the European Commission has fined Google for abuse of dominance. In the Android case, the company was sentenced for imposing contractual restrictions that stifled competition on the market. This Android case is very similar to the Apple Store case currently (...)

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. (...)

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 (...)

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 (...)

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 (...)

For many years, courts and competition authorities around the world have been aware of the problem of hold-ups and have been taking antitrust action against these strategies. The main question for a long time has been whether the implementation of infringement actions against users of (...)

The "first generation" of pay-for-delay agreements were sentenced several times both in the United States and in the European Union. Facing a high risk of litigation, the pharmaceutical laboratories have developed the "second generation" of pay-for-delay agreements designed to hide the value (...)