French Competition Authority (Paris)

Erwann Kerguelen

French Competition Authority (Paris)
Case Handler

An engineer in agri-food with a Certificate of Aptitude for Business Administration (CAAE) and a Master 2 in Competition and Contract Law, Erwann Kerguelen joined the Île-de-France Regional Directorate for the Economy, Employment, Labor and Solidarity (DIRECTTE) in 2008 as Carrefour’s national coordinator in charge of the implementation of the system of protection against unfair commercial practices. He has been a rapporteur at the French Competition Authority since 2011, and was appointed as an expert in 2017. He worked on the investigation of the cases relating to the Auchan/Casino/Metro/Shiever (20-D-13) and Carrefour/Tesco (20-D-22) purchasing mergers, and took part in the investigation of the decisions sanctioning the lino cartel (17-D-20) and white goods (18-D-24). He also participated in the investigation of the opinion on the evaluation of the impact of the increase of the resale at a loss threshold (18-A-14). He is the author of several editions of a book, Les pratiques restrictives - l’application de l’article L. 442-6 du code de commerce à travers la jurisprudence, Revue Concurrence, and he regularly writes articles for various specialized journals.

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French Competition Authority (Paris)
French Competition Authority (Paris)
French Competition Authority (Paris)
French Competition Authority (Paris)
French Competition Authority (Paris)


217 Bulletin

Erwann Kerguelen The French Supreme Court holds that a jurisdiction or arbitration clause cannot be used by foreign undertakings to discard the application of provisions on unfair trade practices when the action is brought by the Minister of the economy (Apple)


In a recent decision, the French Supreme Court had to decide whether or not a jurisdiction clause or an arbitration clause could be used by foreign companies to discard the application of French law enforcement concerning unfair trade practices, e.g. Article L. 442-6 of the Commercial Code. (...)


Price 85€00 Les pratiques restrictives

Restrictive trade practices are at the heart of the concerns of more and more actors in economic life, in particular because of the harmful effects they have on the economy. With the main (...)

Date 30 September 2015
Author(s): Erwann Kerguelen
Price 85€00
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