
Florian Bien
Prof. Dr. Florian Bien holds a Chair in Global Business Law, International Arbitration Law and Civil Law at the Julius-Maximilians-University Würzburg, Germany, since 2011. Before, he was a Senior Lecturer at the Eberhard Karls University of Tübingen, Germany (2007 - 2011) and at the University Paris 1 (Panthéon-Sorbonne), France (2004-2007). Education included a Master in European and International Law ("Maîtrise en Droit"), University of Aix-Marseille III, France (1999), First and Second State Examination, Tübingen, Germany (2001 and 2003), Doctorate in law and Habilitation, both University of Tübingen (2006 and 2011). Prof. Bien regularly publishes in the field of German and European Competition Law. He is the founder and organizer of the "Studienkreis Wettbewerb und Innovation", a Discussion Group bringing together both legal and economic scholars and practitioners specialising in Competition Law.
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2987 | Conferences
Articles
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The European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition (...)
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The transposition of the rules on the limitation period for bringing an action for damages into national law - Comparative remarks Florian Bien Professor, University of Würzburg In its Manfredi and Cogéco judgments on the limitation period for actions for damages for breaches of competition (...)
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The European Commission, and in particular the Commissioners responsible for competition law, have so far been very successful in countering political influence on their merger control decisions. The prohibition of the Siemens-Alstom merger is the latest proof of this. On the economic front, (...)
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Conceptions of ordoliberalism - particularly influential in Germany to some extent up to the present day - emphasize the role of competition as a means of protecting the individual freedom of economic power. In view of the above, competition is one of the essential conditions for freedom of (...)
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1. As of June 2017, the majority of the EU Member States have implemented the EU Directive on Private Damages Actions (2014/104/EU). In doing so, the national legislators bring the sustained efforts of the Commission, namely to foster the private enforcement of EU competition law to a (...)
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The majority of Member States have implemented the European Directive on Private Damages Actions for Breach of Competition Law, into their respective law, albeit with some delay. In particular, England, Germany, and the Netherlands, but also France and Italy have faced a certain number of (...)
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Case 3 illustrates the practices of an intermediation platform referencing professionals; The case was studied in the scope of UE, German, French, American, Chinese and Japanese laws. An economist has also shared his point of view. 1. The Moov’ is an intermediation platform with a network of (...)
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"Europe has the means to develop [world] champions as long as it does not prevent concentrations of its companies against giants like Google or Facebook. We need to build up large European […]groups. This requires a change of approach on the part of the European Commission on the application of (...)
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The directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...)
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CA Düsseldorf, 18 Feb. 2015, Az: VI U (Kart) 3/14 - Zement II (Cartel Damage Claims) This note is an extension of the commentary on the judgment of the Düsseldorf Regional Court of 17 December 2013 in the case between the Belgian company specialising in the recovery of damages from victims of (...)
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In European law, sanctions against infringements of antitrust law primarily concern companies. They are the addressees of the rules laid down in competition law. They alone can be ordered to pay the fines imposed by the European Commission. On the other hand, national legislation also focuses (...)
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A case is pending before the German Federal Court of Justice, the outcome of which may have consequences not only for German arbitration but also for international sports arbitration. The case concerns the revision of the judgment in the Pechstein case, named after the plaintiff and famous (...)
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The implementation of private actions for damages for violations of competition law is a real challenge for victims. The main difficulties relate mainly to proving the occurrence of damage and its extent. It is clear that it is easier for public authorities than for private individuals to (...)
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The decisions of the competition authority do not only concern the economic situation of the respective addressees. They often affect third parties in their legally protected interests. The clearest example comes from merger control. While the approval of such operations by the competition (...)
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Regional Court of Düsseldorf, Judgement of 17 December 2013, 37 O 200/09 (Kart.) U. - Zementkartell II (Cement II) Despite a large number of innovations introduced by the 7th and 8th amendments to the Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen - GWB) and (...)
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Bundesgerichtshof, 11/12/12 - Az. KVR 7/12 - Puttgarden II An undertaking with a dominant market position is in principle not obliged to share its networks and infrastructure with its competitors. There is, however, one exception highlighted by the so-called "essential facilities" doctrine, (...)
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Cologne Regional Court, judgment of 6 February 2013, Phonak v. Federal Republic of Germany, 5 O 86/12 The Cologne Regional Court (Landgericht) is the first German court which, following the judgments of the Court of Justice and the Court of the European Union in Schneider v Legrand (judgment (...)
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Bundesgerichtshof (Federal Court of Justice), 26.02.2013, Grey cement, KRB 20/12 The illegal cement cartels concluded in Germany in the 1990s and the legal debates that followed them constitute an important page in the history of German cartel law. This applies both to the enforcement of (...)
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The development of fuel prices at German service stations remains an issue of continuing concern to consumers. Under the eighth amendment of the German Act against Restrictions of Competition, it is planned to amend the German Act against Restrictions of Competition (see Concurrences n° 3-2012), (...)
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The principle of double control of joint ventures in German competition law ---- The merger of the companies’ activities into a joint venture may cause two kinds of competition problems. Firstly, there is the change in the market structure resulting from the merger, in particular the possible (...)
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After the final judgment of the Bonn District Court in the Pfleiderer case (see Concurrences n° 2-2012pp. 174-176), the question of access to the documents provided to the Bundeskartellamt under the leniency programme seemed to be practically settled. There appeared to be little need for (...)
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Bundestag, 31 May 2012, Draft Bill, Bundestags-Drucksache 17/9852 The German government wants the eighth amendment to the Act against Restraints of Competition to enter into force on 1 January 2013. The first of three readings took place in the Bundestag on 15 June 2012. One of the most (...)
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Bundesgerichtshof, 28 Juni 2011, ORWI, Az. KZR 75/10 With the adoption in 2005 of the 7th amendment to the Law against Restrictions of Competition (Gesetz gegen Wettbewerbs¬beschränkungen), the German legislator introduced important innovations designed to make the legal protection of victims of (...)
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Amtsgericht Bonn, judgment of 18 January 2012, Pfleiderer, aff. 51 Gs 53/09 The Pfleiderer case has created quite a stir. The enforcement of competition rules by public authorities on the one hand and by private parties on the other risks hampering each other. As a general rule, the easier (...)
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Bundeskartellamt, dec. of 12 January 2012, Bundesliga, aff. B 6-114/10 With revenues of more than EUR 400 million per annum, revenue from the sale of match broadcasting rights is one of the most important sources of income for the 36 professional clubs in Germany, hence the interest of the (...)
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Bundeskartellamt, Decision of 19 May 2011, case B 3 - 139/10 - Merck Rebate schemes are a widespread form of price discrimination used by dominant firms to foreclose competitors. The European Commission has already taken a number of decisions in relation to such practices, notably in (...)