Didier Theophile

Darrois Villey Maillot Brochier (Paris)
Lawyer (Partner)

Didier Théophile is a partner at Darrois Villey Maillot Brochier. He is the founder and head of the firm’s antitrust and competition law practice. His practice covers all aspects of competition law counseling and litigation at the European and National levels, including on matters of merger control, non-merger conduct, and state aids. Mr. Théophile frequently represents clients before the European and French competition authorities and courts and has vast experience in large cross-border transactions and high-profile antitrust litigation. He is particularly recognized for his antitrust law expertise in regulated sectors, such as media, the bank industry, and postal services. Didier Théophile was educated at the Institut d’Etudes Politiques de Strasbourg (Diploma, magna cum laude, 1986), the University (law school) of Strasbourg (LLL Industrial Property, summa cum laude, 1989) and the College of Europe, Brugge, Belgium (LLL Legal European Studies, summa cum laude, 1990). Didier Théophile has written articles on a wide range at antitrust and competition law topics, including a recent paper on the interaction of merger control rules with the rules governing public tender offers. He also recently co-authored an article on the application of the unilateral effects theory by the French merger control authorities. Didier Théophile is member of the IBA (International Bar Association) and of the AFEC (French Association of Competition Study). He is a frequent speaker and has led numerous debates on antitrust and competition law issues.

Linked authors

DG COMP (Brussels)
Viguié Schmidt & Associés (Paris)
DG COMP (Brussels)
Service du Premier Ministre
Banque de France
Moskvina Law
Simpson Thacher & Bartlett (London)
Kluge (Oslo)

Articles

37135 Bulletin

Didier Théophile, Natasha A. Moskvina The French Minister of Economy approves a concentration in the frozen baked dessert products industry after ruling out vertical and horizontal effects on competition (Vandemoortele)

2053

Vandemoortele contemplated acquiring sole control of Panavi. The SPA contained non-competition and non-solicitation clauses, which the Minister considered necessary for acquiring the totality of Panavi’s assets and know-how. The parties’ activities overlap in (i) frozen baked dessert products (...)

Didier Théophile, Natasha A. Moskvina The French Minister of Economy approves without remedies, a concentration in the sector of agricultural cooperatives despite high market shares on several markets (Agrial / Union Set)

2088

Agrial is an agricultural cooperative with over 24,000 members. Union Set is another agricultural cooperative with nearly 16,000 members. The concentration results in overlaps in the following markets : the sale of live animals for laughter; retail of hardware, gardening and landscaping tools ; (...)

Didier Théophile, Natasha A. Moskvina The French Minister of Economy approves a concentration in the sector for organization of fairs and shows subject to phase II undertakings (Unibail Holding / CCIP)

3899

The Paris Chamber of Commerce and Industry (CCIP), among other activities, organizes fairs, shows and congresses. Unibail is a leading French commercial property investor and developer, active in shopping centers, offices, and conventions and exhibitions. The latter branch manages sites and (...)

Didier Théophile, Virginie Viallard The French Minister of Economy grants Phase I clearance to a merger in the market for property services without remedy (Banque Federale des Banques Populaires / Foncia)

5182

In his decision dated 26 March 2007, the French Minister granted a clearance to the acquisition of sole control of Foncia Groupe by Banque Fédérale des Banques Populaires (“BFBP”). BFBP, which is controlled by 19 Banque Populaire regional banks, CASDEN Banque Populaire, and Crédit Coopératif, is (...)

Didier Théophile, Virginie Viallard The French Minister of Economy grants clearance to a merger in the measurement and billing of energy sector, subject to divestiture and granting of software and brand licenses (Ista / Celliande)

8280

In its decision dated 28 September 2006, the French Minister of Economy granted a conditional clearance of the acquisition of all of shares of the French company Celliande by Ista International GmbH (hereinafter “Ista Group”). The Minister required that the acquirer divest its own company as a (...)

45325 Review

Catherine Prieto, Laurence Idot, Martine Behar-Touchais, Florian Bien, David Bosco, Jose-Maria Carpi-Badia, Etienne Chantrel, Marta Giner Asins, Didier Théophile, Simon Vande Walle, Jérôme Vidal Towards a European merger control network

249

The European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition (...)

Didier Théophile, Anne Faber Failing firm defence – a tool in crisis?

443

The failing firm defence, although a well-established principle of EU and numerous national merger control rules worldwide, is only very rarely successful because of the strict interpretation and high evidentiary burden imposed by competition authorities. The current Covid-19 crisis has plunged (...)

Didier Théophile Relevant market - Commitments : The European Commission refines its analysis of relevant markets in the seed sector after in-depth investigation and authorises the acquisition of a sunflower seed business in exchange for commitments to divest sunflower hybrid as well as the parental lines used in the creation of those hybrids or currently under development in Spain and Hungary (Syngenta/Monsanto’s Sunflower Seed Business)

1361

Eur. comm. 17 November 2010, Syngenta/Monsanto’s sunflower Seed Business, COMP/M.5675 On November 17, 2010, the European Commission cleared the acquisition of the global sunflower seeds business of the US company Monsanto by the Swiss company Syngenta following a Phase II procedure with (...)

Didier Théophile Commitments: The French Competition Authority clears an acquisition in the construction sector in exchange for commitments to divest six quarries in France (Tarmac, Eurovia)

1162

Aut.conc., dec. no. 10-DCC-98 of 20 August 2010 relating to the acquisition of exclusive control of assets of the Tarmac Group by Eurovia. On 10 June 2010, the European Commission partially approved, under the European Union’s Merger Regulation, the proposed acquisition of six Tarmac (...)

Didier Théophile, Henrik Nordling Modification of network sharing agreement: The European Commission clears a merger between two mobile operators in the UK subject to commitments relating to the divestment of spectrum and reinforced guarantees regarding a network sharing agreement concluded with the sectoral “maverick” (T-Mobile ; Orange)

1393

Eur. Comm, 1 March 2010, T-Mobile/Orange, Case COMP/M.5650 On 1 March 2010, the European Commission cleared, subject to commitments, the combination of T-Mobile’s and Orange’s activities in the UK on the markets for the provision of mobile telecommunications services and broadband internet (...)

Didier Théophile, Henrik Nordling Merger clearance: The European Commission unconditionally clears a concentration between two main competitors on the online advertising market as they would form a more credible competitive force together than separately, thus allowing them to compete on a market characterised by a particularly strong leader (Microsoft/Yahoo! Search)

2187

Eur. Comm, 18 February 2010, Microsoft/Yahoo! Search Business, case COMP/M.5727 In a decision of 18 February 2010, the European Commission has cleared the proposed acquisition of Yahoo’s online search business and related announcements by Microsoft. Microsoft is the world leader in the design, (...)

Didier Théophile, Henrik Nordling Acquisition of competitor: The European Commission, identifying local overlaps in Germany in a transaction with effects in several Member States, authorises the acquisition of a maverick competitor in exchange for commitments to divest both intellectual and physical property rights at a national level (Vattenfall/Nuon Energy)

2061

Eur. Comm. 22 June 2009, Vattenfall/Nuon Energy, Case COMP/M.5496 By decision of 22 June 2009, the European Commission has approved the acquisition of N.V. Nuon Energy (Nuon) by Vattenfall AB (Vattenfall), subject to conditions and obligations. The purchaser is a Swedish company, ultimately (...)

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