Herbert Smith Freehills (Paris)

Alexis Baudelin

Herbert Smith Freehills (Paris)
Lawyer (Associate)

Alexis Baudelin is a lawyer at Herbert Smith Freehills - Paris Bar. He holds a Master in EU Law and Litigation from the University Paris 2 - Panthéon - Assas and did his first year of Master at the University of Cambridge (King’s College). He specialised in EU Law and Competition Law with numerous experiences at the Competition Department of Herbert Smith Freehills (Paris), the Legal Service of Safran Group, the DG Competition of the European Commission, the Court of Justice of the European Union, the European delegation of the Report & Studies section of the French State Council and the French Ministry of Justice.

Linked authors

Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Johannesburg)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)

Articles

207 Bulletin

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Constitutional Council declares article L.462-2 of the French Commercial Code on fines for obstruction of an antitrust investigation to be unconstitutional (Akka Technologies)

81

On 26 March 2021, the French Constitutional Council declared unconstitutional Article L.462-2 of the French Commercial Code ("FCC") on obstruction to an investigation of the FCA. Pursuant to this provision, the FCA can set a fine for obstruction, the amount of which cannot exceed 1% of the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for a tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)

61

On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)

68

Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing (...)

7309 Review

Alexis Baudelin, Marie Louvet, Sergio Sorinas Alternative commitments: The French Competition Authority approves the acquisition of one of its main competitors by a major supplier in the gardening and DIY goods, pet supplies and outdoor arrangement retail distribution sector, subject to commitments (Jardiland / InVivo Retail)

218

The Authority has authorised, subject to undertakings, the acquisition of sole control of the Jardiland group by the InVivo group, France’s leading agricultural cooperative group at the head of the Gamm Vert, Delbard and Jardinerie du Terroir retail network. Jardiland and InVivo are active in (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Commitments: The French Competition Authority approves the acquisition of sole control of a supermarket and its commercial gallery by a food retailer in the French Overseas Territories (SDRO, Robert II / Bernard Hayot)

170

In a decision of 23 August 2018, the French Competition Authority authorised, subject to commitments, the acquisition of sole control of SDRO and Robert II by Groupe Bernard Hayot (GBH). The operation mainly concerned the food distribution sector in Martinique. GBH operates food and non-food (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Public interest review: The French Competition Authority takes note of the intention of the French Ministry for the Economy to carry out a public interest review (phase 3) of the acquisition of assets by a market player in the read-cooked meals sector (Cofigéo / Agripole)

265

This is a new episode in the takeover of the Agripole group’s ready-made meals division by Financière Cofigéo. This affair had already been commented on in this Chronicle (see ConcurrencesNo. 1-2018, pp. 127-128, obs. S. Sorinas and A. Baudelin) because the Authority, while deciding to open Phase (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Reform: The French Competition Authority announces new measures for the modernisation and the simplification of the French merger control regime (Modernisation and simplification of the French merger control regime)

293

Following its public consultation launched in October 2017 on simplifying and modernising merger control, the Authority announced by press release of 7 June the selected proposals in this respect. Simplification of the procedure for non-problematic operations The Authority thus announces (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Full-function joint venture: The French Administrative Supreme Court dismisses an appeal against the decision of the French Competition Authority clearing, subject to remedies, the creation of a full-function joint venture by two market players in the shipbuilding industry (OCEA)

361

In a decision dated May 25, 2018, the Conseil d’État dismissed the appeal filed by OCEA against the Authority’s decision No. 16-DCC-120 of July 28, 2016. on the creation of a full-function joint venture between DCNS and Piriou. The companies DCNS and Piriou, which are active in military (for (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Judicial review: The French Administrative Supreme Court dismisses an appeal against the decision of the French Competition Authority approving, subject to remedies, the acquisition of sole control of an undertaking by one of its competitors in the crop collection sector (Soufflet Agriculture et Sobra)

179

As was apparent from the rejection of the application for interim measures of suspension which had been lodged in this case, by order of 17 October 2016 (EC, 17 October 2016, No. 403730, obs. S. Sorinas and A. Baudelin, ConcurrencesNo. 1-2017, pp. 141-142.), the Conseil d’État also dismissed, by (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Food retail: The French Competition Authority clears, subject to remedies, the acquisition of sole control of franchised stores by their franchisor in the food retail sector (Zormat, Les Chênes, Puech Eco / Carrefour Supermarchés France)

174

On April 27th , 2018, the Authority authorized, subject to commitments, the acquisition of exclusive control by Carrefour Supermarchés France of the companies Zormat and Les Chênes, which operate two predominantly food-dominated businesses with service stations under the Carrefour Market banner, (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Online Ads: The French Competition Authority unconditionally clears the acquisition of an Internet market player by a media market player (Aufeminin / TF1)

120

The Authority has authorised TF1’s acquisition of sole control of Aufeminin, previously owned by the media group Axel Springer. Aufeminin operates the Internet sites of the same name and others such as Marmiton and My Little Paris, and markets the advertising space on these sites. It also (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Online Sale: The French Competition Authority unconditionally clears two transactions between pure players and traditional players (brick and mortar) in the retail of consumer goods sector (Monoprix / Sarenza ; Spartoo / André)

176

On 20 April 2018, the Authority unconditionally cleared two transactions concerning the combination of distance selling (’DOS’) players (Sarenza and Spartoo) and in-store retail players (Monoprix and André) in the footwear distribution sector. In the first decision (No 18-DCC-50), the Authority (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Unconditional clearance: The French Competition Authority clears, without remedies, the acquisition of sole control of an undertaking in the real estate ads sector by the leader of the sector after an in-depth investigation (Concept Multimédia / Axel Springer)

206

The Authority has cleared without commitment a concentration between two online real estate classifieds giants in France. The Axel Springer group, to which SeLoger belongs, has thus acquired sole control of Concept Multimédia, which owns the company Logic-Immo. As mentioned in a previous (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Insolvency procedure: The French Competition Authority clears the acquisition of sole control of a market player by one of its competitors in the books and stationery products retail sale sector and grants an exemption from the suspensive effect of merger control (Gibert Jeune - Gibert Joseph)

153

The Authority’s decision dated 10 November 2017 signs the reunification of the two names of Joseph Gibert’s heir sons almost 90 years after their separation: Gibert Joseph and Gibert Jeune bookstores. The examination of the transaction did not raise any particular competition concerns. The (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Public consultation: The French Competition Authority initiates a reflection to modernise and simplify the French merger control regime (Public consultation on merger control)

127

In line with the consultation launched in October 2016 by the European Commission on these subjects, the Authority published on its website on 20 October 2017 a public consultation aimed at gathering comments from anyone who wished to respond to it on certain avenues for reflection on a (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas Failure to comply with commitments: The French Administrative Supreme Court dismisses an appeal against a decision of the French Competition Authority fining a telecommunication group for failure to comply with commitments in the optical fibre sector (Altice – SFR)

143

The soap opera Altice / SFR has made a particularly strong impression over the last two years. Does the decision of the Conseil d’État handed down on September 28, 2017 mark the final act of this season full of twists and turns? Summary of previous episodes In a decision dated October 30, 2014, (...)

Alexis Baudelin, Marie Louvet, Sergio Sorinas In-depth investigation: The French Competition Authority opens an in-depth investigation in the context of a merger in the online real estate ads sector (Concept Multimédia - Axel Springer Digital Classifieds)

147

The Authority has decided to open an in-depth investigation into the operation whereby the Axel Springer Group acquires sole control of the company Concept Multimedia. The purchaser and the target are both active in the online real estate classifieds market through SeLoger.com and (...)

Alexis Baudelin, Sergio Sorinas Pay tv: The French Competition Authority reviews and accepts to reduce the injunctions imposed in 2012 to a media group for the acquisition of television broadcasters (Pay TV sector)

169

Five years after the 2012 decision authorizing, subject to compliance with 33 injunctions, the acquisition of exclusive control of TPS and CanalSatellite by Vivendi and Canal Plus Group (GCP) (Dec. No. 12-DCC-100 dated July 23, 2012, Obs. O. Billard), the Authority agreed to review its (...)

Alexis Baudelin, Sergio Sorinas Remedies review: The French Competition Authority reviews and accepts to reduce commitments taken by a media group in 2014 for the acquisition of free television channels (Free TV sector)

259

Three years after the 2014 decision authorizing, subject to the implementation of several commitments, the acquisition of Direct 8 and Direct Star by Vivendi and Canal Plus Group (GCP) (Dec. No. 14-DCC-50 dated April 2, 2014, obs. S. Sorinas, E. Jegou and C. Barraud), the Authority agreed to (...)

Alexis Baudelin, Sergio Sorinas Fast-track procedure: The French Competition Authority follows a fast-track procedure to clear the acquisition of an undertaking in the catering sector, in parallel of a conciliation procedure before a commercial court (Flo / Bertrand)

166

The French Competition Authority has authorised the acquisition of sole control of the Flo group by the Bertrand group. These two groups specialize in commercial catering and own several brands such as Burger King, Quick, Café Leffe, Hippopotamus and Maître Kanter’s Tavern. The Authority (...)

Alexis Baudelin, Sergio Sorinas Phase II: The French Competition Authority decides to open a phase II investigation following the notification of an horizontal merger in refrigerated vehicles rental sector, whish has finally been abandoned by the notifying party because it did not want to further divest its activities (Fraikin / Petit Forestier)

206

The Petit Forestier group decided to abandon its plan to acquire sole control of the Fraikin group following the Authority’s decision to open an in-depth investigation (Dec. No 27-DEX-01 of 13 January 2017). Petit Forestier and Fraikin are the two biggest players on the French market for the (...)

Alexis Baudelin, Sergio Sorinas Remedies: The European Commission clears the acquisition of a company specialised in animal health products, subject to conditions (Boehringer Ingelheim / Sanofi Animal Health Business)

153

On November 9, 2016, the European Commission has approved the acquisition of Merial, Sanofi’s animal health subsidiary, by Boehringer Ingelheim ("BI"), a German pharmaceutical company specialized in the development, production, distribution and marketing of pharmaceutical products including (...)

Alexis Baudelin, Sergio Sorinas Competitive tendering obligation : The French Competition Authority clears the acquisition of an airport, subject to commitments (Aéroports de Lyon, Vinci Airports)

207

Vinci Airports, a subsidiary of Vinci, develops and operates 34 airports worldwide, including 12 in France. Aéroports de Lyon is an airport concession company that develops, operates and operates the Lyon-Saint Exupéry and Lyon-Bron airports. Prior to the operation, Aéroports de Lyon was owned 60 (...)

Alexis Baudelin, Sergio Sorinas Application for interim measure : The French Supreme Administrative Court dismisses an application for interim measures requesting the suspension of a French Competition Authority decision related to the acquisition on the grain collection market (Soufflet Agriculture & Sobra)

142

Soufflet Agriculture and Sobra have applied to the judge in charge of summary proceedings at the Conseil d’État for a stay of execution of Decision No. 16-DCC-147 of 21 September 2016 by which the Competition Authority authorised the acquisition of exclusive control by Axéréal Participations of (...)

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