Clifford Chance (Paris)

Emily Xueref-Poviac

Clifford Chance (Paris)
Counsel

Emily Xueref-Poviac’s practice encompasses all fields of Competition Law, both in advice and litigation. Emily advises French and international clients in a wide variety of industrial sectors on EU and French competition law matters. Emily has developed a strong and recognised expertise on foreign investment matters, that have become essential for a number of transactions in the rapidly evolving foreign investment review landscape. Emily has been advising on complex cases involving unique legal developments and is regularly consulted by the French authorities to offer opinions on reform proposals. Emily has experience in a wide range of industries, including infrastructure, defense, energy, telecommunications, transportation, pharmaceuticals, semiconductors, banking and finance.

Distinctions

Legal 500 EMEA, France, EU Competition & Distribution, ranking

Contact

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Articles

2689 Bulletin

Emily Xueref-Poviac Foreign Direct Investment: An overview of the EU and national case law

1056

It’s a well-established fact: investment screening mechanisms have existed for a long time. The introduction of such rules, which allow governments to scrutinise individual investment proposals for their potential impact on essential security interests, can be traced back to the 1960s in some countries. Nevertheless, many countries were historically relying on single-sector authorisation requirements or similar mechanisms at most. Therefore, in practice, foreign direct investment (’FDI’) screening mechanisms had rather limited implications on transactional practice areas and only concerned investments in the defense sector.

Emily Xueref-Poviac Access to facilities in the energy sector: An overview of EU and national case law

1308

The energy sector is in transition and this will imply key areas of change to the market and its design over the coming years. In the few short pages of this foreword, we will attempt to provide an overview of the European Commission and European national competition authorities (’NCAs’) practice in this respect and in particular as regards access to facilities in the energy sector.

Emily Xueref-Poviac The French Competition Authority fines three undertakings for price fixing in the linoleum floor sector and changes its competition compliance policy (Forbo / Tarkett / Gerflor)

325

Leading French PVC and linoleum floor covering manufacturers, Forbo, Tarkett - both leniency applicants - and Gerflor together with the sector’s trade association have been sanctioned by the French Competition Authority for having implemented anticompetitive practices over more than two decades. (...)

6356 Review

Emily Xueref-Poviac Recent developments in the French FDI screening regime

863

In recent years, the world has seen a heightened level of scrutiny applied to foreign investments in the name of national security and France has been no exception to the trend. This article discusses notable recent amendments to the French foreign investment screening regime, including the (...)

David Tayar, Emily Xueref-Poviac, Éléonore Lejeune Best practices: The European Commission forms a Multilateral Working Group with leading competition authorities to exchange best practices on pharmaceutical mergers

201

In a press release dated 16 March 2021, the European Commission ["Commission"] announced the establishment, together with several other competition authorities, of a multilateral working group to analyse the effects of mergers in the pharmaceutical sector. In addition to the Commission’s (...)

David Tayar, Emily Xueref-Poviac, Éléonore Lejeune Clearance: The General Court of the European Union confirms the decision of the European Commission declaring the acquisition of sole control over a Dutch telecommunications operator compatible with the internal market (KPN)

171

By judgment of 27 January 2021 ( KPN BV. v. European Commission, Case T-691/18), the General Court of the European Union ["General Court"] upheld the decision of the European Commission ["Commission"] authorising the acquisition of sole control of Ziggo N.V. ["Ziggo"] by Liberty Global Plc (...)

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)

187

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

254

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)

377

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)

401

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 (Fnac / Darty)

272

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)

249

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 (...)

Emily Xueref-Poviac French Competition Authority’s President powers: The French Constitutional Court confirms that the power of the French Competition Authority’s President to decide alone to agree transfer of assets does not violate constitutional rights (Fnac / Darty)

250

The Act of 6 August 2015, known as the Macron Act, introduced the possibility, in merger cases, of a single-judge decision on commitment review decisions (provisions of the last sentence of Article L. 461-3 C. com.). A priority question of constitutionality was raised by Fnac Darty concerning (...)

Emily Xueref-Poviac Gun Jumping: Advocate general N. Wahl delivers its opinion on the duty to suspend the implementation of a concentration until it has been declared compatible with the common market (EY / KPMG)

186

They say it’s wrong to be right too soon. Thus, Advocate General Nils Wahl introduced the question of the scope of the obligation to suspend the implementation of a concentration prior to its clearance under Article 7(1) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of (...)

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

205

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 (...)

Emily Xueref-Poviac, Orion Berg Non-discriminatory and independence obligations: The French Energy Regulatory Commission publishes its Tenth Report on independency of network operators

137

On 3 February 2017, the Commission de Régulation de l’Energie (hereinafter "CRE") published its tenth monitoring report on "Compliance with the codes of good conduct and independence of electricity and natural gas network operators in 2015 and 2016". This tenth edition of the CRE report gives an (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Electronic communications: The French Regulatory Authority for electronic communications and post exercises its newfound authority over mobile network sharing and publishes guidelines

172

Since August 2015, the Autorité de Régulation des Communications Electroniques et des Postes ("ARCEP") has the power to require mobile network operators to modify their network sharing contracts (roaming, network sharing, etc.), where this is necessary to achieve regulatory objectives. Many (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Rail transports: The French rail and road regulatory body delivers a decision on an allocation request of railway infrastructure capacities with the infrastructure manager (SNCF Réseau)

177

In July 2015, the Auvergne Region and the Rhône-Alpes Region, which since 1 January 2016 has formed a single Auvergne-Rhône-Alpes Region ("the Region"), referred a dispute with SNCF Réseau concerning the implementation of the procedure for allocating train path capacity to the Autorité de (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Net neutrality: The European Union adopts a regulation establishing the principle of net neutrality and abolishing roaming charges

272

Following the agreement reached between the three EU institutions on 30 June 2015, formally adopted by the Council on 1 October 2015 and by the European Parliament on 27 October 2015, Regulation (EU) 2015/2120 of the European Parliament and of the Council laying down measures on access to an (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Telecommunications: The French Supreme Administrative Court rules on mobile network sharing agreement and on national roaming contracts concluded between two mobile telephone operators (Bouygues Télécom)

187

In two judgments, 379579 and 384231 of October 9, 2015, the Conseil d’État returned to the conditions for sharing mobile networks and, in particular, to the execution of the national roaming contract entered into between Free Mobile ("Free") and Orange. On the one hand, it confirms that the (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Transport : The French Railway Activities Regulatory Authority calls for more transparency regarding the charges payable against services in railway stations (Stif / SNCF)

173

Since its establishment in 2010, the Rail Regulatory Authority (hereinafter "ARAF") has been supporting the rail sector in its gradual opening up to competition. ARAF, whose mission is to contribute to the proper functioning of the public service and competitive activities for the benefit of (...)

Emily Xueref-Poviac, Estelle Leclerc, Jean-Paul Tran Thiet, Orion Berg Energy : The French Energy Regulatory Commission issues a deliberation regarding the responses provided by incumbent operators and their parent companies related to their compliance with the French Energy Code

253

On June 23, 2015, the Commission de Régulation de l’Energie (hereinafter "CRE") published a deliberation on the responses provided by Électricité Réseau Distribution France (hereinafter "ERDF"), Gaz Réseau Distribution France (hereinafter "GRDF") and their parent companies (respectively EDF and GDF (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Electronic communications : The Court of Justice of the European Union considers that an undertaking has a right of appeal against a national competition authority’s decision that is likely to have an impact on its position on the market (T-Mobile Austria)

309

CJEU, 22 Jan. 2015, T-Mobile Austria, Case C-282/13 In its judgment C-282/13 of 22 January 2015, the Court clarified, in response to a question referred for a preliminary ruling, the rights of competing undertakings in the event of a procedure for the transfer of telecommunications frequencies (...)

Emily Xueref-Poviac, Estelle Leclerc, Jean-Paul Tran Thiet Electronic communications : The French Supreme Administrative Court rejects a request to suspend a decision of the French Electronic Communications and Postal Regulatory Authority publishing a report on the measurements of the quality of service for fixed Internet access (Free)

184

On November 25, 2014, the Autorité de régulation des communications électroniques et des postes (hereinafter "ARCEP") published a preliminary version of an observatory measuring the quality of the fixed Internet access service offered by electronic communications network operators in metropolitan (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Broadcasting rights : The French Competition Authority suspends the agreement concluded between the French Rugby National League and a television group regarding exclusive broadcasting rights and requires a new call for tenders (beIN Sports)

232

Following a complaint filed by beIN Sports, accompanied by a request for precautionary measures, the French Competition Authority ordered, by decision no. 14-MC-01 of July 30, 2014, the suspension of the agreement entered into on January 14, 2014 by which the French National Rugby League (LNR) (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet Online gambling: The French Competition Authority identifies a series of competition issues raised by the horse racing incumbent operator’s activities (PMU)

192

The Competition Authority has obtained from the Pari Mutuel Urbain (PMU) that it separate its online horse betting activity from that of its network of physical outlets under monopoly. The gambling sector has long been structured around monopolies, entrusted by law to La Française des Jeux (...)

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