Denis Fosselard

Ashurst (Brussels)
Lawyer (Partner)

Denis is Head of Office of Ashurst Brussels and partner in the Competition and EU Law department. His practice focuses on all aspects of Italian and EU antitrust law. Denis has 20 years’ experience in advising leading European corporates in relation to behavioural and merger control cases. He also has significant experience in assisting companies in State Aid investigations. Denis regularly represents clients before both the European Commission and national competition authorities in Italy, Belgium, etc. as well as the EU General Court and Court of Justice in antitrust and other EU law proceedings. He acts for leading clients in several industry sectors, such as energy, financial services, pharmaceutical and automotive.

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Linked authors

Legance - Studio Legale Associato (Rome)
Italy 21 contributions 29887 visits
Iliad (Milano)
9 contributions 13792 visits
Banca d’Italia (Italian Central Bank)
Italy 4 contributions 9548 visits
Legance - Studio Legale Associato (Rome)
Italy 12 contributions 11989 visits
Alcon (Milan)
11 contributions 7786 visits
Bosch
Germany 1 contribution 431 visits
Ashurst (Brussels)
Belgium 2 contributions 2766 visits
Ashurst (London)
United Kingdom 3 contributions 1120 visits

Articles

35964 Bulletin

Neil Cuninghame, Denis Fosselard, Peter Armitage, Nigel Parr, Christopher Eberhardt Mergers & COVID-19: The impact on EU and national merger control

1052

While some businesses may choose to delay transactions in light of Covid-19, many transactions will clearly continue and some of these will need to be completed with some urgency, in particular in cases of financial distress. Merger control regimes are still in operation, although there have been some changes, in particular to encourage parties to delay notifications. This note considers how merger control processes can best be navigated in times of crisis, for example, where the urgent completion of a transaction may be required, or the target is otherwise in significant financial difficulty.

Duncan Liddell, Alexi Dimitriou, Donald Slater, Denis Fosselard The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)

31

On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

Alexi Dimitriou, Denis Fosselard The EU Court of Justice dismisses the appeal made by a Norwegian seafood company against the Commission’s decision in fining the company for putting into effect its acquisition of a salmon producer before getting the approval (Marine Harvest)

23

On 4 March 2020, the European Court of Justice ("ECJ") dismissed the appeal made by Norwegian seafood company Marine Harvest against a 2017 ruling of the General Court ("GC") confirming the European Commission ("Commission") 2014 decision fining Norwegian seafood company Marine Harvest for (...)

Denis Fosselard De minimis: An overview of EU and national case law

415

1. Introduction* De minimis non curat praetor (the judge does not deal with trivial matters) was already the rule in Roman law around 2,000 years ago. So why would e-competitions care about de minimis to such a point that it is dedicating a full issue to the question? In truth, the question of (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian administrative court annuls the decision of the National Competition Authority which fined a credit card company and eight Italian licensee banks for violating EU competition law in relation to domestic interchange fees (Mastercard)

387

Background The judgement in comment (Judgement of TAR of Lazio n. 6171 of 11 July 2011) has annulled the final decision of the Italian Antitrust Authority ("IAA") of 3 November 2010 ("IAA Decision") which closed the proceeding against Mastercard and eight Italian banks ( the "Parties") and (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso The Italian Competition Authority closes the proceeding against nine petrol companies finding no evidence of a cartel in the wholesale market for the supply of bitumen for road construction (Aumento Prezzi Bitume)

269

Introduction On 20 April 2011, the Italian Competition Authority ("ICA") adopted a decision closing the investigation launched in May 2010 against nine oil companies, Alma Petroli S.p.A., Api-Anonima Petroli Italiana S.p.A., ERG Petroli S.p.A., Eni S.p.A., Esso Italiana S.r.l., IES-Italiana (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso The Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)

906

Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers of (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Regional Administrative Court in Lazio partially annulls the Competition Authority’s decision to accept the commitments submitted by motorway companies in a proceeding relating to alleged abuse of dominant position in the roadside assistance market (ANAS / Società Strada dei Parchi / Società Autostrada Tirrenica)

1909

Background With two decisions issued on 22 April 2009, the Italian Administrative Tribunal (Tribunale Amministrativo Regonale, “TAR”) ruled on the power of the Italian Competition Authority (“ICA”) to accept commitments offered by undertakings under investigation for alleged anticompetitive (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority opens an investigations for violation of Art. 82 EC in the plasterboard market (Saint-Gobain)

1625

Background On 5 March 2009, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) launched an investigation for possible violation of Article 82 EC and Article 3 of Law 10 October 1990 n° 287 (corresponding to Article 82 EC) by Saint-Gobain Ppc Italia S.p.A. (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Competition Authority inflicts a fines over € 12 M upon the main 26 producers of pasta and two associations of undertakings, for allegedly exchanging information and adopting other initiatives to increase prices (Listino prezzi della pasta)

1482

Background On 26 February 2009, the Italian Competition Authority (“ICA”) fined 26 pasta producers active in Italy (representing approximately 90% of the overall relevant market) and two associations of undertakings claiming that they had entered into an agreement aimed at increasing the prices (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian Competition Authority clears the acquisition of the sole control of Castorama Italia by Groupe Adeo, concerning the market for the retail sale of do-it-yourself products (Groupe Adeo/Castorama Italia)

749

Background On 29 January 2009, the Italian Competition Authority (“ICA”) cleared the acquisition of the sole control of Castorama Italia S.p.A. (“Castorama”) by the French company Groupe Adeo S.A. (“Adeo”), both active in the retail sale of “do-it-yourself” (“DIY”) products. The merger met the (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority accepts the commitments submitted by motorway companies in a proceeding relating to alleged anticompetitive agreements and abuse of dominant position in the roadside assistance market in Italy (ANAS / Società Strada dei Parchi / Società Autostrada Tirrenica)

1520

Background On 20 September 2007, the ICA opened a proceeding regarding car assistance services provided in Italy on motorways, alleging that a) the motorways companies had breached Article 3 of Law 287/90 (national provision similar to art. 82 EC) and b) the roadside assistance providers, (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian Competition Authority fines for the second time € 2.22 M a company for not having complied with remedies imposed in a previous merger proceeding (Parmalat/Eurolat)

1137

Background By decision of 21 May 2008, the Italian Competition Authority (“ICA”) fined Parmalat S.p.A. (“Parmalat”, one of the major Italian players in the milk and dairy sector) for not having complied with the measures imposed by a previous merger decision. The peculiarity of this case is linked (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority closes the investigations for violations of Art. 81 and 82 EC in the equestrian sports market following commitments proposed by a sport federation (Federazione Italiana Sport Equestri)

2987

Background On 15 May 2008, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) closed the investigation launched in July 2007 for possible violations of Article 81 and/or 82 EC by the Italian Equestrian Sports Federation (Federazione Italiana Sport Equestri) (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority imposes fines of more than €4 million on two leading producers of concrete, finding violations of Art. 81 and 82 EC, including predatory pricing (Mercato del calcestruzzo cellulare autoclavato)

1709

Background On 24 October 2007, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) fined two leading producers of autoclaved cellular concrete (ACC), namely Xella International GmbH (Xella) and RDB S.p.A. (RDB) alleging that they had entered into some form of (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso, Vito Auricchio The Italian Competition Authority adopts a decision fining four ostomy device manufacturers for alleged bid rigging (Gare per la fornitura di dispositivi per stomia)

1424

Introduction On 3 August 2007, the Italian Competition Authority (ICA) adopted a decision fining four ostomy device manufacturers for an alleged bid rigging. The decision is interesting as it shows the difficulty that pharmaceutical companies face when participating in a tender procedure. In (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority finds that the circular of the Italian Bank Association, interpreting rules on unilateral unfavourable changes of banking contractual conditions (Associazione Bancaria Italiana)

4218

Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority clears in phase II the merger between the two main baby milk producers subject to remedies, including wholesale prices reduction (Koninklijke Numico / Mellin)

718

Background By decision of 15 June 2005, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) cleared the acquisition by Koninklijke Numico N.V. (Numico) of Mellin S.p.A. (Mellin). The concentration affected the baby milk sector which the Authority’s investigations (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Antitrust Authority fines € 125 M the incumbent telecommunications operator for abuse of dominant position on the fixed network telecommunications services for business customers, including price squeeze practices (Telecom Italia)

2065

Background On 16 November 2004, the Italian Competition Authority(Autorità Garante della Concorrenza e del Mercato) has imposed a fine of € 152 million on the incumbent telecommunication operator Telecom Italia S.p.A. (Telecom Italia), for abusive behaviours on the fixed network (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Antitrust Authority fines the global leader of packaging for liquids and semi-liquids for having failed to comply with a decision prohibiting the acquisition of a company (Tetra Pack - Emilcarta/Agrifood Machinery)

2106

Background With decision n. 13459 of 29 July 2004, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “Authority”) has imposed a fine of € 95 million on Tetra Pak International S.A. (“Tetra Pak”), the global leader in the manufacture of packaging for (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Antitrust Authority clears without remedies the acquisition by the national public broadcaster of 84 digital broadcasting network (Rai / Rami Di Azienda)

1558

Background On 29 April 2004, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato) cleared the acquisition by the national public broadcaster, Radiotelevisione Italiana S.p.A. (Rai), of 11 going concerns composed of 84 digital broadcasting networks, including the (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority revokes remedies originally imposed to the parties to a merger by interpretating extensively the notion of de facto control (Società Assicuratrice Industriale/La Fondiaria Assicurazioni)

2219

Background Following a specific request by the parties, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato), at its meeting on 12 June 2003, decided to revoke the conditions originally imposed on Premafin Finanziaria S.p.A. (Premafin) and Mediobanca Banca di (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Antitrust Authority declares the incompatibility with EC competition law of a national regulation requiring or facilitating the market sharing within a consortium of manufacturers of matches (Consorzio Industrie Fiammiferi)

3177

Background With decision n. 8491 of 13 July 2000, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority, hereinafter “Authority”) found the existence of a market sharing arrangement carried out within the Consorzio Industrie Fiammiferi (the consortium of the Italian (...)

1747 Review

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