Covington & Burling (Brussels)

Barbara Monti

Covington & Burling (Brussels)
Lawyer (Associate)

Barbara Monti is an associate in the antitrust and EU competition team in Brussels and advises clients on all aspects of European and French/Belgian competition law from a broad range of sectors. Her practice focuses on the technology, internet, consumer brands, and energy sectors including renewable energy, market manipulation, and abuse of dominant position. She regularly counsels on vertical agreements and merger control. Her previous experience allowed Ms. Monti to gain a significant knowledge of the French Competition Authority and compliance program.

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Covington & Burling (Washington)
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Covington & Burling (Brussels)
Covington & Burling (Washington)
Covington & Burling (Washington)

Articles

157 Bulletin

Johan Ysewyn, Barbara Monti The French Competition Authority prohibits a merger in the food retail market (Soditroy / Association des Centres Distributeurs E. Leclerc / Géant Casino)

48

The French Competition Authority (“FCA”) prohibited the proposed acquisition of the hypermarket retailer Géant Casino by its competitor E.Leclerc in the French city of Troyes. It found that the transaction would create a duopoly between the two remaining hypermarkets, Carrefour and E.Leclerc, (...)

2227 Review

Alexandre Lacresse, Barbara Monti Inspections: The General Court of the European Union partially annuls the inspection decisions of the European Commission due to insufficiently strong evidence leading to the suspicion of the existence of a cartel (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

80

After three particularly developed judgments, the Court of First Instance returned to the Commission’s powers of inspection, the degree of formalism expected in relation to the evidence on which an inspection decision is based, and the protection of the material seized and the data copied under (...)

Alexandre Lacresse, Barbara Monti Inadmissibility: The General Court of the European Union upholds the decision of the European Commission rejecting a complaint when certain practices of which have already been dealt with by a National Competition Authority (LL-Carpenter)

127

Ten years of proceedings is how long it took to foresee the closure of this case, which allows the Commission to reconsider its powers to reject complaints where, under Article 13(2) of Regulation 1/2003, a complaint is ’already being dealt with by another competition authority’. It all began in (...)

Alexandre Lacresse, Barbara Monti Interim measures: The European Commission for the first time imposes interim measures in TV and modem chipset markets since the entry into force of Regulation 1/2003 (Broadcom)

150

It took 18 years for the European Commission to issue provisional measures on the basis of Article 8 of Regulation No 1/2003. Indeed, the last time the Commission imposed interim measures was in 2001 in the IMS Health case (EC Commission, press release IP/01/941 of 3 July 2001, The Commission (...)

Alexandre Lacresse, Barbara Monti Inadmissibility: The General Court of the European Union considers inadmissible an action based on general information which does not make it possible to establish that the State aid decision placed the applicant at a competitive disadvantage (Opere Pie d’Onigo)

143

On 24 September 2019, the Court of First Instance of the European Union made an order dismissing as inadmissible the action brought by a non-profit-making public body, by reference to the Montessori case-law (CJEU, 6 Nov. 2018, Scuola Elementare Maria Montessori, cases C-622/16 P to C-624/16 P, (...)

Alexandre Lacresse, Barbara Monti Private enforcement: The Court of Justice of the European Union recognises that the indirect victim of a cartel may bring an action before the courts from his domicile even if there is no contractual relationship with the defendant company (Tibor-Trans)

450

Each request for reparation has its own specificity. Here, the absence of a direct contractual link between the victim undertaking and the defendant undertaking allows the Court of Justice of the European Union once again to consider the concept of the ’place where the harmful event occurred or (...)

Alexandre Lacresse, Barbara Monti Annulment: The Court of Justice of the European Union confirms, for lack of reasons, the annulment of the fine imposed on an undertaking for its role as facilitator of a cartel (ICap)

160

Judgments recalling the European Commission’s obligation to state reasons in competition matters are legion. One recalls in particular the recent UPS judgment, in which the Court confirmed the annulment of the Commission’s decision prohibiting a merger on the grounds that the parties had not been (...)

Alexandre Lacresse, Barbara Monti Rights of defence: The Court of Justice of the European Union rules that the ne bis in idem principle does not apply to a decision of a national competition authority imposing two fines through the parallel application of national and Union law (Powszechny Zakład Ubezpieczeń na Życie)

277

At the beginning of this preliminary ruling case, a Polish company was sanctioned by the national competition authority for having abused its dominant position on the market for group life insurance, both under national law for the period 2001-2007 and under EU competition rules, but only for (...)

Alexandre Lacresse, Barbara Monti Period for appeal: The Court of Justice of the European Union confirms that an omission which does not affect the understanding of the reasons for a decision does not preclude the application of the two-month period for appeal (Eco-Bat Technologies)

121

In the present case, the Court of First Instance was criticised for dismissing as inadmissible the action brought against a corrective decision, even though the Commission had omitted in its initial decision information concerning the determination of the basic amount of the fine to be imposed (...)

Alexandre Lacresse, Barbara Monti Access to file: The Court of Justice of the European Union confirms the annulment of the European Commission’s decision prohibiting a merger because of the failure to communicate to the parties the econometric model on which that decision was based (UPS, TNT)

233

In the field of mergers, there have been few judgments annulling Commission decisions based on violation of the rights of defence. The latest was in 2002, when the Court of First Instance ruled that the lack of clarity and precision of certain Commission objections infringed the rights of (...)

Alexandre Lacresse, Barbara Monti Reasonable time: The Court of Justice of the European Union annuls several judgments of the General Court of the European Union on the ground of lack of sufficiently direct causal link between the violation of reasonable time for adjudication and the loss suffered following payment of bank guarantee fees during the period beyond this period (Gascogne ; Kendrion ; ASPLA, Amando Álvarez)

301

The judgments of the ECJ under chronicle bring to a close the judicial saga dating back to February 2006, when the companies of the Gascogne group, Kendrion, ASPLA and Armando Álvarez brought an action before the Court of First Instance to have the Commission’s decision annulled, penalising them (...)

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