Hogan Lovells (Paris)

Eric Paroche

Hogan Lovells (Paris)
Lawyer (Partner)

Eric Paroche leads the Paris office’s Antitrust, Competition and Economic Regulation practice. Through his past experience at the European Commission and his diverse practice in many industry sectors, Eric is able to look at issues from all angles and to put forward workable solutions. He provides strategic advice to companies on managing merger control constraints and assists them in their filings with the European Commission, the French Competition Authority and other authorities worldwide. Eric also advises companies in antitrust proceedings before the European Commission and the French Competition Authority, and represents them before the European and French Courts. In particular, Eric helps management teams define the most appropriate strategies to minimize financial and reputational risks in cases of alleged infringements. In State aids, clients benefit from his in-depth knowledge of the European Commission’s practice. Eric lectures on competition law at Sciences Po.

Distinctions

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Hogan Lovells (Madrid)
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Hogan Lovells (Madrid)
Hogan Lovells (London)
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Articles

1641 Bulletin

Eric Paroche, Sabrina Borocci, Casto Gonzalez-Paramo, Mark Jones, Suyong Kim, Falk Schöning, Marc Schweda The EU Commission authorises State aid measure following the COVID-19 outbreak to help companies cover their immediate liquidity needs through bank loans guaranteed by EU member states

366

The first State aid measures authorized by the European Commission (Commission) following the COVID-19 outbreak were aimed at helping companies to cover their immediate liquidity needs, mainly through bank loans guaranteed by EU Member States. The significant losses incurred by companies as a (...)

Falk Schöning, Christopher Thomas, Sabrina Borocci, Myrto Tagara, Suyong Kim, Eric Paroche, Ákos Kovách The EU Commission announces that companies were encouraged to delay new merger notifications until further notice because of the complexities and disruptions caused by the current COVID-19 outbreak

98

The current COVID-19 pandemic is posing unprecedented challenges on our public health systems and communities. It is also heavily impacting economic activity, including for companies in the midst of M&A or joint venture transactions. Deals that are subject to merger control review in the (...)

Christian Ritz, Eric Paroche, Victor Levy, Myrto Tagara, Alexandra Bray The German and French Competition Authorities find a need for higher compliance standards in their joint study on the competition risks resulting from the use of algorithms

80

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Digital ubiquity, and the resulting rules, do not only concern tech giants. To the contrary, digital regulation is relevant for companies in all market sectors (...)

Eric Paroche, Flora Oriot The French Competition Authority fines €80M a group and its recently acquired subsidiaries for having coordinated their business strategies and commercial behaviour prior to merger control clearance (Alice & SFR / OTL)

340

This article was first published in Concurrences Review N° 2-2017, Art. N° 83875, pp. 231-239 I. Introduction In November 2016, the French Competition Authority (“FCA”) fined French-based Altice/Numericable group and its recently-acquired telecom subsidiaries SFR and Virgin Mobile France for (...)

3477 Review

Eric Paroche, Céline Verney Clearance: The French Competition Authority clears, after a first phase and without conditions, the takeover of a French magazine group by one of the main French media groups (Vivendi / Prisma media)

70

Although authorized after an unconditional phase 1 review, Vivendi ’s acquisition of the magazine group Prisma Media has given rise to interesting developments in a sector characterized by ever-increasing convergence between the various advertising markets, which involves the development of (...)

Eric Paroche, Victor Levy Referral: The French Competition Authority authorises, after phase 1 and subject to significant divestiture commitments, the strengthening of one of the main players in the French poultry slaughterhouse and poultry meat marketing markets (LDC Volaille / Ronsard)

83

The LDC group is one of the main French players in the poultry slaughtering sector and the marketing of poultry meat and products made from poultry meat. It markets its products under the Le Gaulois, Marie, Loué and Maître Coq brands. Context elements The transaction in question concerns the (...)

Eric Paroche, Pierre Chellet Jurisdictional thresholds: The European Commission publishes a Staff Working Document on evaluation of procedural and jurisdictional aspects of EU merger control and launches an initial impact assessment

70

In March 2021, announcement that the European Commission [the “Commission”] would review its assessment of referrals under Article 22 of Regulation n° 139/2004 [the “Merger Regulation”] has attracted much attention from practitioners and academics. Under this new approach, the Commission will (...)

Eric Paroche, Victor Levy Structural commitments: The French Competition Authority clears, subject to the divestment of 9 stores, the acquisition of several hard discount stores while adopting a new approach to take into account asymmetrical competition between hard discount stores and other food retail stores (Franprix Leader Price / Aldi)

144

The acquisition of the 554 Leader Price stores and 2 Casino stores by Aldi [the "Operation"] was first notified to the European Commission before being referred, at the request of the notifying party, to the Competition Authority ([the "Authority"] on 4 June 2020. Context elements In view of (...)

Eric Paroche, Pierre Chellet Notion of undertaking: The General Court of the European Union confirms in all respects the decision of the European Commission prohibiting a merger among several cement companies, clarifies the notion of undertaking concerned where the acquisition is carried out by a full-function joint venture and confirms a broad interpretation of the criterion of substantial effect on trade between Member States (HeidelbergCement)

227

Case law on merger control is all the more scrutinised as litigation is rare. However, the year 2020 has enabled the Court of First Instance to rule on several occasions on the application of Regulation 139/2004 by the European Commission in prohibition decisions. In particular, by the CK (...)

Eric Paroche, Victor Levy Phase II: The European Commission acknowledges the decision made by two aircraft manufacturers to abandon their planned joint-ventures in commercial aviation and military transportation and leave questions open as to competition on the single-aisle commercial aircrafts’ market (Boeing / Embraer)

129

On April 25th, 2020, Boeing and Embraer announced that they abandoned their planned partnership which had a long stop date of April 24th, 2020. The partnership consisted in the creation of two joint ventures: (i) a first joint venture solely controlled by Boeing covering Embraer’s commercial (...)

Eric Paroche, Céline Verney Phase I: The European Commission authorizes, following a phase I review and subject to remedies, two mergers in the pharmaceutical sector (GlaxoSmithKline / Pfizer Consumer Healthcare Business, AbbVie / Allergan)

137

The Commission has recently decided on two transactions in the pharmaceutical sector, both of which have been cleared subject to divestitures: the acquisition of Allergan by Abbvie and the acquisition of Pfizer’s consumer health division by GlaxoSmithKline (GSK). Although they concern very (...)

Eric Paroche, Céline Verney Sanction: The French Supreme Administrative Court confirms the French Competition Authority’s decision imposing a EUR 20 million fine on a French electrical household distributor for breach of its commitments undertaken in the context of a merger (Fnac / Darty)

219

In the context of the acquisition of sole control of Darty by Fnac, which was authorised by the French Competition Authority by a decision of 27 July 2016Fnac had undertaken to sell six stores in Paris and the Paris region before 1 August 2017. However, for three of these stores, namely the (...)

Eric Paroche, Céline Verney Commitments: The European Commission clears a merger, subject to several commitments, between two global manufacturers of aluminium flat rolled products (Novelis / Aleris)

149

On 1 October 2019, the European Commission authorised the merger between two global manufacturers of flat-rolled aluminium products: Novelis, the US subsidiary of the Indian group Hindalco, and Aleris, a US group also specialising in the production of semi-finished aluminium products. Both have (...)

Eric Paroche, Céline Verney Gun-jumping: The European Commission imposes two fines totalling EUR 28 million upon one of the world major suppliers of optical products for having infringed the Merger Regulation prior notification and standstill obligations (Canon / Toshiba Medical Systems)

687

Warehousing – or portage – transactions, which consist in parking the target with an interim buyer in view of its onward sale to the ultimate acquirer, are no exceptions to the prohibition of gun jumping: this is, in a nutshell, the conclusion drawn by the European Commission in its decision of (...)

Eric Paroche, Victor Levy Clearance: The French Competition Authority considers having jurisdiction to examine, under merger control rules, the creation of a joint venture operating a public transport service concession and approves, subject to commitments, its creation (RATP, Keolis)

216

In January 2017, the State published a call for tenders for the operation of CDG Express, the future direct rail link between Paris (Gare de l’Est station) and Paris-Charles de Gaulle airport, for a period of 15 years. In November 2018, the State awarded the service concession to the consortium (...)

Eric Paroche, Céline Verney Clearance: The European Commission approves, subject to conditions, the creation of six joint ventures by two manufacturers in the sector of mobility services (Daimler / BMW)

162

On November 7, 2018, the Commission approved a concentration whereby the two German car manufacturers Daimler and BMW planned to pool their mobility service businesses, including in particular their car sharing services. The two German car makers’ project consists in the creation of six (...)

Eric Paroche, Céline Verney Structural remedies: The European Commission approves a $30 billion horizontal merger in the aviation industry, subject to the divestment of several businesses in actuators, pilot controls, ice protection and oxygen systems (UTC / Rockwell Collins)

180

On 4 May 2018, the European Commission approved the acquisition by United Technologies Corporation (’UTC’) of the whole of Rockwell Collins, after a phase I investigation but subject to important structural remedies. UTC is a provider of high-technology products and services for the building and (...)

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