Jean Moulin University Lyon III

Jean-Christophe Roda

Jean Moulin University Lyon III

Jean-Christophe Roda is a full Professor at the University of Lyon III (Jean moulin), where he teaches commercial, competition and comparative law. He is in charge of a master degree on Comparative Law. Previously, he was Senior Lecturer (MCF) at the Aix-Marseille University and a member of the Economic Law Center. He is also a former visiting researcher of the Washington College of Law and a former consultant with the Racine law firm (Paris). Actually, Jean-Christophe teaches Commercial, Competition and Comparative Law. His thesis deals with the "Leniency in Antitrust Law - American and European Law compared" (PUAM 2008). He has most notably devoted his research in questions relating to cartels (leniency, plea bargaining) and competition proceedings. Jean-Christophe wrote numerous articles in various reviews, mostly on international and US and European Competition Law. He has also intervened in many conferences and maintains regular scientific relations with foreign research organizations and universities such as the Perelman Center in Brussels, the CUF in Moscow or the CJFREE in Bucarest. Jean-Christophe is a member of AFEC (Association Française d’Etude de la Concurrence) and SLC (Société de Législation Comparée).

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Jean-Christophe Roda (Université Jean Moulin Lyon 3)
Jean-Christophe Roda 29 March 2018 Paris


35962 Review

Jean-Christophe Roda The U.S.: The Southern District Court of New York dismisses an artist’s complaint accusing five museums of collective Boycott (Cenedella / Metropolitan Museum of Art )


In Europe, the art market and antitrust form a rarely solicited couple. The situation is different in the United States, where there are a handful of cases in which this particular market is analysed from the point of view of competition law rules. Such is the case of a recent decision of the (...)

Jean-Christophe Roda United States: The Court of Appeals for the Ninth Circuit affirms a conviction for bid rigging and held that such a scheme is per se illegal (United States / Joyce)


At a time when, on the Old Continent, restrictions by object in European law are still erroneously equated with prohibitions per se in American law, the Court of Appeals for the Ninth Circuit issued an interesting decision on this subject on July 11, 2018 (United States v. Joyce, 895 F.3d 673, (...)

Jean-Christophe Roda United States: The 3rd US Circuit Court of Appeals rejects an appeal brought by Philadelphia taxi drivers in monopoly case against transportation network company (Philadelphia Taxi Association / Uber)


The advent of the "new economy" is a source of tension. Companies in the "old world" are faced with a new form of competition and this confrontation is at the root of many disputes brought under competition law (on this topic and on the idea that this confrontation is at the root of a new (...)

Jean-Christophe Roda United States: The United States District Court for the Southern District of Iowa grants motion to dismiss antitrust claims against soda producer based on alleged “price squeeze” (Mahaska Bottling v. PepsiCo)


In a decision of 15 September 2017, the Federal Court for the Southern District of Iowa had to rule on an alleged attempt at monopolisation, itself based on pricing practices implemented by one of the giants in the soft drinks industry, the company PepsiCo. The complainant, an independent (...)

Jean-Christophe Roda United States: The US District Court of Northern District of California orders the Federal Trade Commission to produce documents that foreign authorities wanted to keep confidential (Qualcomm)


While European or French competition law has considerably improved its rules on the confidentiality of sensitive documents within the European Union, the risks of uncontrolled disclosure are still very high in purely international relations. Companies cooperating with the European authorities (...)

Jean-Christophe Roda United States: The District Court of Massachussetts dismisses suit filed against a dominant cable operator regarding network’s television affiliation (WHDH-TV v. Comcast)


In a judgment dated 16 May 2016, the Massachusetts District Court dismissed the complaint of WHDH-TV, a local television station, which accused the large national network NBC, controlled by the company Comcast, of not renewing its affiliation contract with the channel (WHDH-TV v. Comcast Corp. (...)

Jean-Christophe Roda United-States: The Third Circuit provides clarity to “Inextricably Intertwined” widening classes of plaintiffs to assert claims for antitrust injury (Hanover 3201 Realty / Village Supermarkets)


Can it constitute anti-competitive behaviour to undertake a series of administrative and legal steps to prevent the establishment of a shopping centre? Above all, is the operator in charge of building the complex the best person to take legal action? These are in substance the questions posed (...)

Jean-Christophe Roda Arbitration: The French Supreme Court rules over the arbitrability of disputes stemming from the application of article L. 442-6 of commercial law and rejects the exclusive jurisdiction of state courts (Scamark / Conserveries des cinq océans)


Arbitration and competition law: the subject is definitely at the heart of the news of this Review (C. Lucas de Leyssac, "Arbitration and competition law: A look back at Eco Swiss". ; L. Idot, L. Burger, C. Partasides, C. Bovet, F. Knoepfler, D. Ruiz-Jarabo Colomer, B. Merkt, "Public Order, (...)

Jean-Christophe Roda United States : The US Court of Appeals for the Ninth Circuit decides on the rules of a sports association related to the control of names, images, and likenesses of its athletes (Edward C. O’Bannon / NCAA)


Sport issues continue to fuel antitrust litigation in the United States (see, for example, our Obs. in Concurrences n° 3-2012). A September 30, 2015, decision of the Ninth Circuit Court of Appeals ruled on a class action lawsuit brought by former and current football and basketball players (...)

Jean-Christophe Roda United States : The US Court of Appeals for the Ninth Circuit rejects allegations of conspiracy concerning the electric guitars market and clarifies analysis of hub-and-spoke agreements (Musical Instruments and Equipments)


For some purists, the spirit of American rock’n’roll would have died with the disappearance of Elvis Presley and the accidental death of Jimi Hendrix. A decision of the 9th Circuit Court of Appeals, dated August 25, 2015, shows that, in any case, in the small world of musical instruments for (...)

Jean-Christophe Roda USA : The U.S. Supreme Court refuses to apply the rule of reason, inspired by antitrust law, to patent law in a case related to the payment of post-expiration royalties (Kimble/Marvel Entertainment)


Although the commented decision, handed down by the U.S. Supreme Court on June 22, 2015, mainly concerns patent law, it deserves its place in this column for the interesting links it makes with antitrust law (Kimble v. Marvel Entertainment, 2015 WL 2473380 U.S., June 22, 2015; much more (...)

Jean-Christophe Roda United States : The United States Sixth Circuit Court of Appeals confirms the injunction against a company for its potentially abusive tying practices (Collins Inkjet, Eastman Kodak)


U.S. Court of Appeals, Sixth Circuit, No. 14 - 3306, March 15, 2015, Collins Inkjet v. Eastman Kodak Is it possible, where one is in a dominant position on the market for a commodity product, to reward customer loyalty and penalise ’infidels’ by increasing the price of the tying product to (...)

Jean-Christophe Roda USA : The Washington District Court refuses to toss shareholders’ suit against a group of executives for breach of their fiducial duties by willfully violating a European Commission Antitrust settlement (Kim Barovic)


Alongside public enforcement’ and private enforcement’, would companies and their managers who have violated competition law expose themselves to new risks in the form of liability actions by their own shareholders? This question, relating to what one might be tempted to call "in-house" or (...)

Jean-Christophe Roda USA : The Illinois Nord District Court finds implausible allegations that designer wedding dress line constituted a relevant product market in the context of a vertical agreement (House of Brides, Alfred Angelo)


The wedding dress was too beautiful... and too expensive! This is perhaps, in a nutshell, the story told in the annotated decision of the U.S. District Court for the Northern District of Illinois (House of Brides v. Alfred Angelo, Inc. Case No. 1:11-cv-07834, N.D. Ill., 2014). The case (...)

Jean-Christophe Roda Statute of limitations : The Sixth Circuit Court of Appeals affirms that price increases following acquisition did not restart statute of limitations (Z Technologies c/ Lubrizol)


CA 6th Circuit, May 23, 2014, Z Technologies v/Lubrizol, No. 2:12-cv-12206 The question of the statute of limitations for infringements has never been discussed in this column on US competition law, although it is very frequently raised in US antitrust litigation (On these aspects, see J. O. (...)

Jean-Christophe Roda Foreign cartel: The Illinois North District Court gives indications concerning the extraterritorial application of the U.S. federal antitrust law in the LCD cartel case (Motorola Mobility / AU Optronics)


Federal Court N.D. Ill, January 23, 2014, Motorola Mobility v. AU Optronics, aff. no. 09-cv-6610 It is almost a truism to say that the globalization of trade and the increase in the number of cases with an international dimension probably raise at present the most complex and sensitive (...)

Jean-Christophe Roda Private enforcement - predatory pricing : The United States Court of Appeals for the Second Circuit rejects predatory pricing allegations due to lack of evidence (Affinity / GfK Mediamark Research and Intelligence)


Predatory pricing is a common issue in U.S. antitrust litigation, but convictions on this basis are rarely upheld, as federal case law imposes a strict evidentiary framework on these issues. A December 5, 2013 decision of the Court of Appeals for the Second Circuit illustrates this state of (...)

Jean-Christophe Roda Private enforcement - Class action : The Northern California District Court holds that mobile applications users are indirect purchasers and lack standing to bring antitrust suit (Apple iPhone)


For almost forty years, the "indirect purchaser" rule has been a formidable filter for plaintiffs seeking compensation for damage suffered in the event of an anti-competitive practice. The rule was clarified by the Supreme Court in 1977 in its famous Illinois Brick decision and indicates that (...)

Jean-Christophe Roda USA: The Federal District Court for the Northern District of California says that consumers can sue an exclusive agreement between a sportswear company and the National Football League (Dang/San Francisco Forty Niners)


Trib. of the Northern District of California, August 3, 2013, Dang v. San Francisco Forty Niners, aff. no. 5:12-CV-5481 Sport and related market litigation is a good client for US antitrust law. This is evidenced by the new case under review in which the Federal Court for the Northern (...)

Jean-Christophe Roda United States: The U.S. Supreme Court issues a landmark decisions in relation to “reverse payment” settlements and rules that such agreements should be subject to "rule of reason" analysis (Actavis)


In recent weeks, the Supreme Court has issued several important decisions concerning the pharmaceutical industry (Mutual Pharmaceutical Co., Inc. v. Bartlett, 570 U.S. __, 2013; Association for Molecular Pathology et al. v. Myriad Genetics, Inc., 569 U.S. __, 2013), but it is undoubtedly the (...)

Jean-Christophe Roda USA - Class action - Duopoly: The US Court of appeals for the sixth circuit rejects allegations of conspiracy to fix prices in Ohio rock salt duopoly (Ohio/Morton Salt and Cargill)


A December 18, 2012 decision of the Sixth Circuit Court of Appeals reconfirms that plaintiffs who bring a private action on a "stand-alone" basis (i.e., without acting as a result of an action by the antitrust authorities), must provide sufficiently solid evidence to be able to pass the first (...)

Jean-Christophe Roda United States - Class action: A US federal court certifies a class of chocolate purchasers in the Chocolate Confectionary Antitrust Litigation (Chocolate Confectionary)


In this end-of-year period (which will be the beginning of the year, when these lines are published), the confectioners’ truce has not taken place in the United States. In 2008, several chocolate purchasers joined together in a class action to obtain the condemnation of the three main (...)

Jean-Christophe Roda United States - Class actions: A District Court’s gives some indications concerning the extraterritorial application of the U.S. federal antitrust law in the Vitamin C Chinese cartel case (In re Vitamin C Antitrust Litigation)


U.S. District Court E.D.N.Y., In re Vitamin C Antitrust Litigation The present case is a perfect illustration of the globalization of competition law (on this theme, see the work of CREDIMI, Mondialisation et droit de la concurrence, Litec 2008, and especially the concluding report by L. (...)

Jean-Christophe Roda Sports law and competition law : Recent developments


Recent developments in the football sector raise a number of questions concerning the compatibility of rules issued by the Sport Order with the principles of free competition. Whether this is an issue involving the new law passed in 2012 that establishes a salary cap, the announcement of the (...)

Jean-Christophe Roda United States: The Court of Appeals for the seventh circuit rejects the complaint of two athletes against the National Collegiate Athletic Association (Joseph Agnew/NCAA)


The sports sector regularly fuels antitrust litigation in the United States and offers the opportunity for the federal courts to render fine or important decisions in this area. One of the most recent decisions of the Supreme Court in competition law, for example, was rendered in 2010 in a (...)

Jean-Christophe Roda United States: The US Department of Justice is suing a leading IT company together with 5 e-book publishers for alleged collusion of e-book price fixing, in parallel with an antitrust class action (Apple)


The period under review was marked by the highly publicized e-Book case, which saw the Antitrust Division of the Department of Justice initiate civil suits against Apple and five publishers, including the French company Hachette (U.S. Department of Justice, Complaint, Apple, Inc., No. (...)

Jean-Christophe Roda United States: The California District Court and the Court of Appeals for the Ninth Circuit study complaints from viewers and viewers in the media sector (In re Live Concert Antitrust Litigation, Rob Brantley/NBC Universal)


Two decisions, issued on 23 March 2012 and 30 March 2012, respectively, by the District Court of California and the Court of Appeals for the Ninth Circuit, concerned the application of antitrust law in the media sector (on this issue, see recently G. Kimmelman, "Antitrust Enforcement and Media (...)

Jean-Christophe Roda United States – Cartels: The US DoJ wins AU Optronics convictions in LCD price-fixing trial, successfully defending its cartels program (United States of America/AU Optronics Corporation)


Criminal trials in which cartelists are tried and convicted are extremely rare in the United States. Like civil antitrust litigation, the vast majority of cartel cases are resolved by settlement: By pleading guilty, companies receive more favorable treatment but forego trial. Since the diamond (...)

Jean-Christophe Roda United States: The Court of Appeals for the third circuit holds that a complaint must allege facts sufficient to allow an inference of unlawful concerted action (Burtch/Milberg Factors)


Standalone private actions, i.e. those that are not consecutive or complementary to lawsuits initiated by the antitrust authorities (known as "follow on" actions), are far from rare in the United States. The incentive represented by the treble damages, as well as the possibility of regrouping (...)

Jean-Christophe Roda United States: The Court of Appeals for the eleventh circuit holds that collective actions by holders of convertible senior notes issued by a plaintiff do not amount to an illegal boycott under Section 1 of the Sherman Act (CompuCredit Holdings Corporation/Akanthos Capital Management)


Can the collective decision taken by several investment funds to refuse an offer by a credit institution to repurchase in advance securities it had issued be analysed as an agreement contrary to Section 1 of the Sherman Act? This is the question that the Court of Appeals for the Eleventh (...)

Jean-Christophe Roda United States – FTC – DOJ – Mergers: The Federal Trade Commission amends the Hart-Scott-Rodino Premerger Notification Rules and the Department of Justice files antitrust lawsuit to block an acquisition in mobile wireless telecommunications services (AT&T, T-Mobile and Deutsche Telekom)


Hart-Scott-Rodino Premerger Notification Rules and Premerger Notification and Report Form: 76 Fed. Reg. 42,471, July 19, 2011 United States of America v. AT&T Inc, T-Mobile and Deutsche Telekom AG, Case: 1: 11-cv-01S60, August 31, 2011 After antitrust law, it is the turn of federal (...)

Jean-Christophe Roda United-States: The US Department of Justice challenges first anticompetitive unilateral conduct since 1999 amd targets Dominant Texas Heath Care Provider (United States of America and State of Texas/United Regional Health Care System)


United States of America and State of Texas v. United Regional Health Care System, Case No: 7:11-CV-00030 [RCO] While most of the activity of the Antitrust Division of the Department of Justice concerns the criminal prosecution of cartels (see International Policy Chronicle, Concurrences n° (...)

Jean-Christophe Roda Antitrust – United States – Tactics to delay the approval of generics: A Federal Court refuses to dismiss an antitrust case against a pharmaceutical company (GlaxoSmithKline)


In re Flonase Antitrust Litigation: United States District Court for the Eastern District of Pennsylvania, Case no. 2:08-CV-3301, June 2, 2011, "GlaxoSmithKline" On June 2, 2011, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss filed by (...)

Jean-Christophe Roda United-States: The US Supreme Court and a Court of Appeal rule on Class Arbitrations in Antitrust and Class Actions Countermeasures (Stolt-Nielsen/AnimalFeeds ; American Express Merchants’ Litigation ; AT&T Mobility LLC/Concepcion)


US Supreme Court, 27 April 2010, Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp, No. 08-1198, 130 S.Ct. 1758 US Court of Appeals for the Second Circuit, 8 March 2011, In re: American Express Merchants’ Litigation, No. 06-1871-CV. US Supreme Court, 27 April 2011, AT&T Mobility LLC v. (...)

Jean-Christophe Roda Agreements banning cold calling of employees: The US DOJ settles with six high tech companies to stop entering into anticompetitive employee non solicitation agreements. (United States/Adobe Systems, Apple, Google, Intel Corporation, Intuit, and Pixar)


US DOJ, 24 September 2010, United States v. Adobe, Apple, Google, Intel, Intuit, and Pixar On September 24, 2010, the Antitrust Division of the Department of Justice announced that it had reached a settlement with six Silicon Valley-based high-tech companies. The settlement agreement ends (...)

Jean-Christophe Roda Mutual Strike Assistance Agreement: The US Court of Appeal for the Ninth Circuit applies a specific quick look rule of reason and invalidates a Supermarkets Chain "Mutual Strike Assistance Agreement" (State of California/Safeway)


United States Court of Appeals for the Ninth Circuit, August 17, 2010, State of California v. Safeway, Inc, No. 08-55671 An interesting example of the implementation of the shortened or truncated rule of reason (quick look rule of reason, as opposed to the traditional or full rule of reason; (...)


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