Clifford Chance (Paris)

David Tayar

Clifford Chance (Paris)
Lawyer (Partner)

David Tayar is a partner in the Antitrust and Competition Practice Group of Clifford Chance Paris. His areas of expertise include merger control, cartels, abusive behaviors and State aids. He regularly advises French and foreign clients in a wide variety of industries, with a special focus on the energy, media and banking sectors. Mr. Tayar has written a number of articles on various competition law issues, particularly in the field of State aid. Prior to joining Clifford Chance, Mr. Tayar was with Willkie Farr Gallagher and previously with Freshfields Bruckhaus Deringer.

Linked authors

Clifford Chance (Paris)
Clifford Chance (Paris)
Clifford Chance (Paris)

Articles

37804 Review

David Tayar, Emily Xueref-Poviac Behavioural remedies: The French Competition Authority grants a conditional clearance for the acquisition of a French public bank dedicated to development by the Caisse des dépôts et consignations (Société de financement local / Caisse des dépôts et consignations)

44

On September 18, 2020, the French Competition Authority (the "Authority") conditionally authorized the acquisition of Société de financement local ("SFIL") by Caisse des dépôts et consignations ("CDC"). CDC, which until then held 20% of SFIL’s capital, thus acquired almost all of the capital held (...)

David Tayar, Emily Xueref-Poviac Competition policy: The French Competition Authority publishes its contribution to the debate on competition policy and the challenges raised by the digital economy

176

In recent months, the competition authorities’ reflections on the issues raised by the digital economy have been particularly nourished at various levels. The issues raised by the digital economy and the role that competition law must play in this respect have been addressed at the national (...)

David Tayar, Emily Xueref-Poviac, Ana Hergouth Commitments: The French Competition Authority clears, subject to conditions, the creation of an video platform on subscription by the three main French television broadcasters (Salto)

274

The Competition Authority (the Authority) adopted on 12 August 2019 a decision authorising, subject to commitments, the creation of the Salto platform, a full-function joint venture, by France Télévision, TF1 and Métropole Télévision (M6) (the Parent Companies). The Authority has thus given the (...)

David Tayar, Emily Xueref-Poviac Joint control: The French Competition Authority clears a merger in the automobile sector and reviews, at this occasion, its method for analysing mergers in order to adapt it to developments in that sector (Emil Frey Motors France, Fiber / Bernard Participations)

342

On 12 March 2019 the French Competition Authority (the Authority) adopted Decision 19-DCC-42 authorising the acquisition of joint control of Bernard Participations by Emil Fray Motors France and Bernard Participations. This operation, initially notified to the Commission (’Commission’) and (...)

David Tayar, Emily Xueref-Poviac Commitments: The French Competition Authority fines for the first time an undertaking for the violation of structural commitments taken by an undertaking within the framework of a merger (Darty)

216

Bolstered by the Conseil d’État’s rejection of Fnac-Darty’s appeals against the decisions of the Chairman of the French Competition Authority on 26 July 2018, the Authority sanctioned this economic operator the next day in a plenary session, in the amount of 20 million euros for failure to comply (...)

David Tayar, Emily Xueref-Poviac Commitments: The French Administrative Supreme Court rejects the appeal against decisions of the President of the French Competition Authority regarding conditions in which commitments are executed (Fnac Darty)

201

On 27 July 2016, after an in-depth analysis, the French Competition Authority authorised the acquisition of Darty by the Fnac group (Competition AuthorityDecision No. 16-DCC-111 of 27 July 2016).). In order to remedy the competition concerns identified, the Fnac group undertook to divest six (...)

David Tayar, Emily Xueref-Poviac Adequacy of commitments: The French Competition Authority applies clarification provided by the French Supreme Administrative Court (Totalgaz / UGI Bordeaux)

172

By its additional decision No. 17-DCC-103 of July 3, 2017 relating to the acquisition of exclusive control of Totalgaz SAS by UGI Bordeaux Holding SAS, the French Competition Authority drew the lessons from the judgment of the Conseil d’État of July 6, 2016, following the appeal filed by Primagaz (...)

David Tayar, Maxime de l’Estang Non-compliance with commitments: The French Competition Authority imposes a €40 million fines to a telecom operator for having failed to comply with commitments undertaken during a previous merger (SFR ; Altice)

234

The acquisition of SFR by Numericable, a subsidiary of the Altice Group, was authorized by the French Competition Authority (the "Authority") on October 30, 2014 (Decision No. 14-DCC-160), subject to commitments (the "Operation"). The Authority considered that the Operation was likely to call (...)

David Tayar, Maxime de l’Estang Risk of monopoly : The European Commission authorizes, subject to conditions, a combination in the diagnostic systems sector (Abbott Laboratories / Alere)

124

On 25 January 2017, the European Commission (the "Commission") approved the acquisition of Alere, a US company specialising in diagnostic solutions for infectious and cardio-metabolic diseases and toxicology, by Abbott Laboratories ("Abbott"), a US medical device giant listed on the New York (...)

David Tayar Commitments: The European Commission conditionally clears the acquisition by a French pharmaceutical company of a German competitor’s Consumer Healthcare Business (Sanofi/Boehringer Ingelheim Consumer Healthtcare Business)

124

By a decision of August 4, 2016, the European Commission (the "Commission") has approved, subject to commitments, the acquisition by the French pharmaceutical company Sanofi of the assets related to the Consumer Healthcare division ("Consumer Healthcare") of its German competitor Boehringer (...)

David Tayar Commitments: The French Competition Authority authorizes, subject to the divestment of six retail stores in Paris and the Parisian region, an operation in the electro-domestic products retail sector (Darty / Fnac)

221

Following an in-depth examination (Phase 2), and a Homeric stock exchange battle which also involved Conforama and its South African shareholder, the Competition Authority (the "Authority") has cleared the transaction, subject to disposal commitments relating to six stores in Paris and the (...)

David Tayar, Maxime de l’Estang Independence of the trustee: The Court of Justice of the European Union upholds the judgment of the General Court of the European Union and confirms the decision of the European Commission authorizing the purchase of a group in the publishing sector (Éditions Odile Jacob)

1001

Final episode of the long Odile Jacob saga (see our article in the present review Concurrencesn°4-2010, p. 160).). In this judgment, the Court of Justice of the EU (the "Court") dismissed the appeal brought by Éditions Odile Jacob ("Odile Jacob") against the judgment of the Court of First (...)

David Tayar, Katrin Hristova Conditional clearance : The General Court of the European Union dismisses the action for annulment against the Commission’s decision authorising, subject to commitments, an acquisition in the air transport sector (Niki Luftfahrt)

159

By judgment of 13 May 2015, in Case T-162/10, the Court of First Instance of the European Union (’the Court’) dismissed the action for annulment brought by the company Niki Luftfahrt (’Niki Luftfahrt’) operating the airline ’FlyNiki’, against the decision of the European Commission (’the Commission’) (...)

David Tayar Approval of the purchaser : The General Court of the European Union rejects an appeal against a decision approving the purchaser of divested assets (Odile Jacob)

210

By judgment of 5 September 2014, the General Court of the European Union (the ’General Court’) dismissed the action brought by Éditions Odile Jacob SAS (’Odile Jacob’) against the decision of the European Commission (the ’Commission’) of 13 May 2011 approving, for the second time, Wendel (...)

David Tayar Minority Shareholdings - White paper: The European Commission consults on the reform of the rules related to acquisitions of non-controlling minority shareholdings and on other improvements of EU merger control rules

332

There seems to be a move towards an obligation to inform the European Commission of minority shareholdings giving rise to horizontal overlaps or vertical relationships. Following two public consultations launched in 2009 and 2013 as part of the review of the merger control rules, the European (...)

David Tayar, Maxime de l’Estang Sanction: The French Competition Authority fines a producer of still and sparkling wines for having failed to fulfill the prior notification obligation of a merger

194

By Decision No. 13-D-22 of December 20, 2013, the French Competition Authority (hereinafter the "Authority") sanctioned Copagef SA, at the head of the Castel Frères group (hereinafter "Castel"), in the amount of 4 million euros for failing to comply with the obligation to provide prior (...)

Alice Guérin, David Tayar, Maxime de l’Estang Exclusive control: The General Court confirms that the Commission enjoys a wide margin of discretion in merger control proceedings (SPAR Österreichische Warenhandels)

182

On 7 June 2013, the General Court of the European Union (the "General Court") dismissed the action brought by SPAR against European Commission (the "Commission") decision COMP/M.5047 of 23 June 2008 authorising REWE, a leading food retail group in Austria, to acquire sole control of ADEG, a (...)

David Tayar, Maxime de l’Estang Misleading information: The European Commission suspects two parties to a merger of having provided incorrect or misleading information on market shares (Munkjsö, Ahsltrom)

143

On 24 May 2013, the European Commission (the ’Commission’) had cleared, subject to commitments, the merger between two specialty paper producers, Munksjö AB (’Munksjö’) and the labels and converting division of Ahlstrom Corporation (’Ahlstrom’). In the course of the Commission’s in-depth (...)

David Tayar Prohibition of takeover: The European Commission prohibits for the second time the proposed takeover of an airline company by its direct competitor (Ryanair / Aer Lingus)

249

A new chapter has just been written in the now famous "Ryanair saga". On 27 February 2013, the European Commission (the "Commission") prohibited, for the second time, the proposed acquisition of the airline Aer Lingus by Ryanair (the "Parties"), its most direct rival (the "Operation"). This (...)

Alice Guérin, David Tayar, Maxime de l’Estang Phase 2 with commitments: The European Commission uses a new theory of harm related to an increased bargaining power of the parties to impose significant commitments (Universal Music Group / EMI Music)

236

On September 21, 2012, the European Commission (the "Commission") conditionally approved the acquisition of sole control of the core business of UK-based EMI Group Global Limited ("EMI") by Universal Music Group ("Universal", together the "Parties"), a subsidiary of French media and (...)

David Tayar, Thibaud Vergé Concentrative vs. cooperative joint-ventures

948

This set of two papers is derived from the training session organized by the Concurrences Review that was held on 20th March 2012 in Paris. The contributions examine the legal and economic issues that joint ventures may raise in the context of the implementation of merger control rules. (...)

David Tayar, Maxime de l’Estang Acquisition of business – Commitments: The European Commission authorizes the acquisition of the European paper products branch of an American group by a Swedish company conditional upon commitments (SCA/Georgia-Pacific Europe)

178

Eur. Com. dec. art. 6, § 1(b) R.139/2004, 5 July 2012, SCA/ Georgia-Pacific Europe, case COMP/ M.6455. The European Commission (the ³cCommission³d) has approved, subject to commitments, the acquisition of sole control of Georgia-Pacific Europe (³cGPE³d), the European arm of the US company (...)

David Tayar, Maxime de l’Estang Acquisition of business: The French Competition Authority authorizes the acquisition of six companies by a group in the wine distribution sector (Patriarche, Castel Frères)

153

Aut. conc, 02.07.12, N° 12-DCC-92, Acquisition of six companies of the Patriarchal Group by the company Castel Frères The French Competition Authority (the "Authority") has authorized, after a "phase II" review, the acquisition and acquisition of exclusive control by the Castel Frères group (...)

David Tayar Vertical effects – Conglomerate effects: The European Commission cleares in phase I an acquisition in the mobile phone sector (Acquisition of sole control of Motorola by Google)

321

Eur. Comm. dec. art. 6(1)(b), Reg. 139/2004, 13 February 2012, Google/Motorola Mobility, case COMP/M.6381 In August 2011, Google announced its intention to acquire Motorola Mobility (MM), a subsidiary of the eponymous mobile phone manufacturer, for $12.5 billion. Google is the world leader in (...)

David Tayar Vertical effects – Conglomerate effects: The French Competition Authority cleared in phase I an acquisition in the sector of electricty and gas supply subject to conditions (Enerest, Électricité de Strasbourg)

226

Aut. conc. dec. no. 12-DCC-20 of 7 February 2012 relating to the acquisition of sole control of Enerest by Électricité de Strasbourg The operation, which was cleared subject to commitments, consisted in the acquisition of sole control of Enerest by Electricité de Strasbourg (ES), an 88.82% (...)

David Tayar Phase II - Unconditional Clearance: The European Commission unconditionally clears the combination of the activities of two orange juice producers following a phase II (Votorantim/Fischer/JV)

592

Eur. comm., dec. art. 8, §1 R.139/2004, 4 May 2011, Votorantim/Fischer/JV, case COMP/M.5907 The present case is another example of an unconditional approval decision at the end of Phase II, which is becoming less and less rare (see, for example, until recently, the UPM/Myllukoskiand Rhein (...)

Anne Perrot, David Sevy, David Tayar Economics of multiproducts competition

1894

This set of three papers is derived from the training session on the multiproducts competition organised by Concurrences Review that has held on the 15th March 2011 in Paris. In the first contribution, Anne Perrot, Vice President of the Competition Authority, exposes the specificities of (...)

David Tayar Collective dominant position: The French Council of State confirms the Minister’s decision having cleared a merger in the audit and accountancy sector and applies the EC criteria for collective dominant position (Fiducial Audit et Fiducial Expertise ; Deloitte/BDO Marque et Gendrot)

2750

CE, 31 July 2009, Fiducial Audit and Fiducial Expertise, No. 305903; against Min. éco, 15 December 2006, Deloitte/BDO Marque et Gendrot, aff. C2006-91 There have been few judgments of the Conseil d’Etat in merger control cases. What is more, the Conseil d’Etat rules on an important issue, that of (...)

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