Bastien Thomas

Cabinet Racine (Paris)
Lawyer (Partner)

Bastien Thomas heads the competition practice of Racine. Bastien has substantial experience in antitrust (anticompetitive agreements and abuse of dominant position) and merger control both at French and EU levels, with a sharp expertise in very specific and complex sectors such as agri-food, mobility and automotive, biotechnology, media and financial institutions. Bastien is also highly experienced in State aid. Bastien lectures on European and international competition law for the Panthéon-Sorbonne University, Columbia University and Sciences Po Master 2 academic partnership and has been a regular contributor to the review Concurrences since 2006. Bastien holds an MBA from Essec Business School and a Master’s in European business law from Pantheon-Assas University.

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Articles

80524 Review

Anne Wachsmann, Bastien Thomas Dominant position: The French Competition Authority dismisses charges in the cetirizine tablets case for lack of dominant position after a detailed analysis of the market definition (UCB pharma)

1087

Aut. conc. dec. no. 10-D-37 of 17 December 2010 concerning practices implemented on the cetirizine tablet market Under French law, the pharmaceutical sector is under the active surveillance of the competition authorities and is today one of the privileged areas of application (or attempted (...)

Anne Wachsmann, Bastien Thomas Relevant Market: The General Court overrules a decision of the Commission rejecting a complaint lodged by an association of watchmaker-repairers (CEAHR)

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Trib. EU, 15 December 2010, CEAHR v Commission, Case T-427/08 The European Confederation of Watchmakers’ Repairers’ Associations ("CEAHR") brought a case before the European Commission ("the Commission") against six manufacturers of luxury watches for alleged cartel practices and abuse of a (...)

Anne Wachsmann, Bastien Thomas Relevant market: The Paris Court of Appeal upholds the decision of the French Competition Authority rejecting the claim of a software vendor that the agency for the centralisation of university and higher education resources had denigrated its software products and tried to exclude it from the market, on the grounds that the relevant market definition was broader than that purported by the software vendor and that there was no case (Human resources software)

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CA Paris, ch. 5-7, 23 March 2010, CEGAPE v. Aut. conc., Dec. No. 09-D-16 of April 8, 2009 on practices implemented in the area of human resources data management software and payroll management for universities It will be recalled that the Cégape, a software publisher, accused the agency for (...)

Anne Wachsmann, Bastien Thomas Refusal: The Paris Court of Appeal rejects the appeal of a gas company against the fines imposed on it by the French Competition Authority for denigration of the reputation of a new entrant on the market for the supply of electricity to small-sized professional clients on the Grenoble electricity distribution network (Gaz de Grenoble)

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CA Paris, ch. 5-7, March 23, 2010, Gaz de Grenoble v. Aut. conc., Dec. No. 09-D-14 of 25 March 2009 concerning practices in the electricity supply sector Gaz de Grenoble had been sanctioned by the Competition Authority for having denigrated its competitor Poweo (Aut. conc., dec. no. 09-D-14 of (...)

Anne Wachsmann, Bastien Thomas Analysis of the anticompetitive character: The Paris Court of Appeal confirms the French Competition Authority’s decision finding the presentation of a global bid in response to the invitation to tender for the provision of shipping services to be an abuse of a dominant position, given that the incumbent operator knew that it would be impossible for its competitors to compete with such a bid (SNCM)

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CA Paris, ch. 5-7, March 9, 2010, SNCMv. Council, Dec. No. 09-D-10 on practices in the maritime transport sector between Corsica and the mainland The Paris Court of Appeal was seised of an appeal by SNCM against the latest decision of the Competition Council by which it had penalised that (...)

Anne Wachsmann, Bastien Thomas Restrictive definition of essential facilities: The Paris Court of Appeal recalls the restrictive definition of essential facilities in the publishing industry (Editions Jean-Paul Gisserot)

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CA Paris, ch. 5-7, 23 February 2010, Editions Jean-Paul Gisserot SA v. Council, Dec. No. 08-D-08 of 29 April 2008 on practices in the field of publishing and sale of tourism monographs Is this the end of the contentious saga for Éditions Gisserot? After many episodes before the administrative (...)

Anne Wachsmann, Bastien Thomas Essential facilities - Refusal to access: The French Competition Authority continues to examine the alleged practice of refusal of access to a database (Euris)

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Aut. conc. dec. no. 09-D-29 of 31 July 2009 relating to a request for precautionary measures submitted by Euris Euris, a company specializing in customer relationship management (CRM) solutions for the pharmaceutical industry, had filed a complaint with the French Competition Authority against (...)

Anne Wachsmann, Bastien Thomas Exclusive supply: The French Court of Cassation has in part reversed the judgment of the Paris Court of Appeals on the grounds that an exclusive supply clause imposed by two suppliers on their clients is not sufficient to establish joint conduct permitting them to place themselves outside market conditions (Ciments corses)

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Cass. com, July 7, 2009, Vicat and Lafarge Ciments, No. 08-15.609 and 08-16.094, Corsican Cement aff. In 2007, the French Competition Council sanctioned Lafarge Ciments, Vicat and their distributors for partitioning the market for the supply of cement to Corsica to the detriment of Italian and (...)

Anne Wachsmann, Bastien Thomas Cross-subsdidies: The French Competition Authority turns the spotlight on the electricity incumbent’s commercial communication policy and the separation of its public service activities from those of its subsidiaries in the competitive business sector (Solaire Direct)

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Aut. conc. dec. no. 09-MC-01 of 8 April 2009 relating to the referral on the merits of the case and the request for provisional measures presented by the company Solaire Direct The activities of an incumbent operator once again contribute to making competition law topical. Indeed, new (...)

Anne Wachsmann, Bastien Thomas Predatory pricing: The Court of Cassation upholds the analysis of the Paris Court of Appeal regarding the absence of predatory pricing (GlaxoSmithkline France)

3600

Cass. com, 17 March 2009, Minister of the Economy, No. 08-14.503, aff. "GlaxoSmithkline France". On March 14, 2007, the Competition Council had issued its first decision, which was particularly noteworthy, condemning a company for predatory pricing (cons. conc. déc. n° 07-D-09 of March 14, 2007 (...)

Anne Wachsmann, Bastien Thomas Call for tender: The French Competition Council confirms its analysis characterising anticompetitive behaviour during a call for tender for maritime services between Corsica and Marseilles (SNCM)

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Conc. conc. dec. no. 09-D-10 of 27 February 2009 on practices implemented in the maritime transport sector between Corsica and the mainland In December 2006, the Competition Council, acting on a complaint from the Compagnie Méridionale de Navigation (’CMN’) and Corsica Ferries, considered that (...)

Anne Wachsmann, Bastien Thomas Discrimination - Tying: The Paris Court of Appeal rejects the appeal in the Port of Le Havre case and upholds the NCA’s analysis about discrimination and tying in the sector of coal handling services (CIPHA)

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CA Paris, 1st ch. H, 5 November 2008, CIPHA and others.against Cons. conc., Dec. no. 07-D-28 of 13 September 2007 relating to practices implemented by the autonomous port of Le Havre, the Compagnie industrielle des pondéreux, the société havraise de gestion et de transport and the société Havre (...)

Anne Wachsmann, Bastien Thomas Exclusivity: The French Competition Council rejects a request for interim measures against Photomaton but continues its investigations (Cybervitrine - Photomaton)

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Council Decision No. 08-D-16 of July 3, 2008 on a request for precautionary measures presented by the company Cybervitrine against practices implemented by the company Photomaton. New developments in the field of photography! The Cybervitrine company, active in the marketing of automatic (...)

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