Emily Xueref-Poviac is a lawyer at Clifford Chance. Prior to joining Clifford Chance, she was an associate in the White & Case’s Antitrust Practice Group. Emily joined the Antitrust and Competition practice of White & Case Paris in 2013. Emily mainly deals with cartel and abuse proceedings and merger notifications before the French Competition Authority and the European Commission. Before joining White & Case, Emily practiced during 3 years in the Paris office of Linklaters.
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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.
299
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. (...)
48
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 (...)
41
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 (...)
153
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 (...)
168
On the occasion of the 24th Competition Conference of theInternational Bar Association on 11 September 2020, the European Commission (the "Commission") through its Commissioner for Competition Policy, Margrethe Vestager, stated that it will soon be possible to review at European level mergers (...)
216
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 (...)
316
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 (...)
372
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 (...)
243
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 (...)
217
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 (...)
222
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 (...)
165
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 (...)
183
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 (...)
228
By Decision M.7995, Deutsche Börse / London Stock Exchange, of 29 March 2017, the European Commission has declared the proposed concentration by which the two previously independent undertakings Deutsche Börse AG (³cDBAG³d) and London Stock Exchange Group plc (³cLSEG³d) intend to merge, within the (...)
126
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 (...)
156
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 (...)
161
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 (...)
221
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 (...)
162
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 (...)
162
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 (...)
239
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 (...)
299
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 (...)
166
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 (...)
214
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) (...)
159
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 (...)
Price
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Grands arrêts du droit de la concurrence - Volume IV
The book attempts to describe the general principles of regulatory law before focusing on sector-specific regulation by looking at areas as varied as audiovisual and the press, electronic and (...)
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