Eric Barbier de la Serre

Jones Day (Paris)
Lawyer (Partner)

Eric Barbier de La Serre is a partner at Jones Day. His practice is based in the firm’s Brussels and Paris offices. He focuses his practice on European and French competition law with a particular emphasis on antitrust litigation, State aid and merger control. Mr. Barbier de La Serre also regularly advises on other aspects of EU law, such as free movement of goods and services. He is a graduate of HEC, the Institut d’Etudes Politiques de Paris and Harvard Law School (LL.M.). Prior to joining Latham & Watkins, Eric Barbier de La Serre served for five years as référendaire and then Head of the Cabinet of Mr. Bo Vesterdorf, at that time President of the European Court of First Instance (today’s General Court) in Luxembourg. While at the Court of First Instance and previously as an attorney in private practice, he worked on numerous merger control, cartel and abuse of dominance cases before the European Commission and the Court of First Instance, in addition to working on US merger and antitrust litigation cases.

Distinctions

Linked authors

British Competition Authority - CMA (London)
University Paris II Panthéon‑Assas
French State Council (Paris)
French Constitutional Council (Paris)
King’s College (London)
ESSEC Business School (Cergy)
University Paris I Panthéon-Sorbonne
Fingleton Associates (London)

Articles

7342 Bulletin

Charlotte Breuvart, Eric Barbier de la Serre, Henry de la Barre, Serge Clerckx The EU Court of Justice rules that the EU Commission violated rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS)

98

In Short The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS’s rights of defense when it failed to provide UPS with the final economic model used in its decision to block UPS’s proposed acquisition of TNT in 2013. The Result: The (...)

Claire Lavin, Eric Barbier de la Serre, Matt Evans, Philipp Werner The EU Commission publishes a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules

174

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a report providing an overview of the market and the relevant (...)

Alexandre G. Verheyden, Eric Barbier de la Serre, Eric Morgan de Rivery The European Court of Human Rights rules that dawn raids carried out at the premises of two companies by the French Department for Competition, Consumer Protection and Fraud violates both the rights of defense and the right to privacy (Vinci / GTM)

627

The European Court of Human Rights (ECtHR) recently ruled that dawn raids carried out at the premises of two French construction companies by the DGCCRF (French Department for Competition, Consumer Protection and Fraud) violated both the rights of defense and the right to privacy, due to (...)

Eric Barbier de la Serre The EFTA Court sanctions for abuse of dominant position a company active in the market for business-to consumer parcel services with over-the-counter delivery addressing the issue of judicial review (Posten Norge)

792

A lesson on judicial review from the other European Court in Luxembourg* Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg, but this did not come from the European Court of Justice (the “ECJ”). Not every reader of this blog (...)

Eric Barbier de la Serre The French Court of Appeals holds that the EU principle of intragroup immunity does not apply to coordinated offers made by "seemingly" independent entities (Maquet)

509

Undertakings with a (seemingly) divided self: Beware* It is commonly accepted that, pursuant to the principle of intragroup immunity, Article 101 TFEU cannot catch agreements or concerted practices between entities that belong to the same undertaking. Article 101 TFEU requires coordination (...)

Eric Barbier de la Serre The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)

464

Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

Eric Barbier de la Serre The Paris Court of Appeals applies the EU "harmless error rule" in a commitment procedure where a party has been denied full access to the French Competition Authority’s file (Canal 9)

391

The harmless error rule and the French commitment procedure* Merely one month before the ECJ delivered its very expected judgment in the Alrosa case, a ruling of the Paris Court of Appeals confirmed that the exercise of the rights of the defense in commitment procedures raises delicate issues (...)

Eric Barbier de la Serre The Paris Court of Appeals decreases fines on cartel members in the steel industry generating the urgency for a greater convergence on the calculation of fines for antitrust infringements (AMD, Arcelor)

384

Towards greater convergence on the calculation of fines* It is not uncommon for the law to progress as a consequence of significant discrepancies and disagreements arising between courts and enforcers. This is exactly what may currently be happening to the French rules governing the (...)

6712 Review

Eric Barbier de la Serre, José María Marín-Quemada, Laurence Idot Competition authorities: Towards more independence and prioritisation? (New Frontiers of Antitrust - Paris, 26 June 2017)

380

Independence and transparency go hand by hand and are of the utmost importance for competition authorities. Transparency is a safeguard for independence. Competition authorities must be independent by definition regarding both the public and the private sector. Total independence should be (...)

Eric Barbier de la Serre, Guy Canivet, Henk Don, Laurence Idot, Siún O’Keeffe TR II - Procedural autonomy: Is it time for convergence in Europe? (New Frontiers of Antitrust Conference - Paris, February 10th 2012)

856

This second roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to procedural autonomy with regards to competition law enforcement. After a short introduction by Guy Canivet, member of the French Constitutional Council, Éric Barbier de la Serre, (...)

Books

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