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
Marguerite Lavedan
United Kingdom’s Competition Authority - CMA (London)
Laurence Idot
University Paris II Panthéon‑Assas
Bruno Lasserre
French State Council (Paris)
Guy Canivet
French Constitutional Council (Paris)
Richard Whish
King’s College (London)
Frédéric Jenny
ESSEC Business School (Cergy)
Christophe Lemaire
University Paris I Panthéon-Sorbonne
John Fingleton
Fingleton Associates (London)
4463 | Conferences
Articles
8265 Bulletin
290
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 (...)
313
In December 2018, the French Competition Authority ("FCA") published a notice clarifying the FCA’s settlement procedure in competition cases ("Notice"). The FCA’s General Rapporteur may offer settlement to companies that agree not to challenge the allegations made against them in the statement of (...)
208
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 (...)
301
This week, the French Competition Authority ("FCA") imposed a EUR 80 million fine on the Altice Group, a major French telecommunications operator, for implementing two transactions before approval by the FCA (so-called "gun jumping"). The full text is not yet available, but this decision (...)
866
Ask a lawyer to name the most basic procedural right, he/she will likely reply: “the rights of defence”. To many lawyers, these rights appear – maybe even before access to justice – as the most immediate and natural guarantee in criminal or quasi-criminal proceedings. After all, before Adam and (...)
744
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 (...)
173
The French Constitutional Council has declared constitutional the French Competition Authority’s power to (i) withdraw its decision authorizing a merger, for failure by the parties to comply with their commitments and (ii) has required that the parties re-notify their transaction. This is an (...)
880
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 (...)
700
Unlimited jurisdiction: the end of a misnomer?* The past decade has seen a flurry of articles published trying to make sense of the degree of control that the EU Courts exercise on complex economic reasoning. By contrast, much less has been written about the Courts’ unlimited jurisdiction on (...)
1448
The literature on the modernisation of EU competition law has paid little attention to interim measures ordered by the European Commission and national competition authorities (NCAs). Yet their asymmetric development under the modernised system has proven to be a fascinating area for the (...)
552
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 (...)
523
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 (...)
433
Dawn raids vs. the freedom of the press* Relying on what seems to be unprecedented reasoning, the President of the Paris Court of Appeals has quashed a judicial order authorizing a dawn raid against several companies belonging to Amaury, a French news group that publishes mainly sports (...)
422
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 (...)
412
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 (...)
7295 Review
457
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 (...)
1916
Firms often choose to sell several products as a bundle, associated with a rebate. In other cases, they offer rebates to those clients who commit to buy their products for a long period of time, or for a high volume. In many cases, these various rebates only pass on to consumers the economies (...)
939
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, (...)
1661
The Ryanair/Aer Lingus case has recently revived a debate regarding the need for an ex ante review by competition authorities of the acquisition of minority shareholdings. Indeed, the concept of "control", which is used by a majority of the competition authorities, is in essence an ill-suited (...)
1020
This article attempts to define the main features of orders handed down in the field of competition law by the judges of the European Union, using the period between 1999 and 2011 as a basis for its analysis. It shows that the scope of competition law orders is in practice limited. It also (...)
1302
Les mesures conservatoires constituent un outil essentiel à l’application du droit de la concurrence. Cet outil ne s’est toutefois développé que récemment en Europe, les autorités de concurrences n’adoptant encore que rarement des mesures conservatoires. Mais les temps changent, puisque les autorités (...)
Books
Price
290€00
2018 Competition Case Law Digest - A Synthesis of EU and National Leading Cases
This 3rd edition of the Competition Law Digest provides a synthesis of EU and national leading antitrust cases from 1990 to 2016. The book is structured in two parts: Part I deals with (...)
Date
7 September 2017
Price
290€00
2013 Competition Case Law Digest - A Synthesis of EU and National Leading Cases
The purpose of this book is to compare and contrast EU competition case law with European Members States competition case law, and Members States competition case law with each other. To the best (...)
Date
12 December 2012
