Frédéric Jenny

This series of articles presents different points of view about the priorities of the newly established Commission on competition policy in Europe in the aftermath of the decision prohibiting the Siemens/Alstom merger and of the manifesto published by French and German governments. These (...)

In addition to the prohibition of anticompetitive agreements, abuses of dominant positions and the control of anticompetitive mergers, French competition law limits the freedom of negotiation of parties to commercial contracts. The goal of these limitations is to ensure a balance between (...)

At times where competition authorities face criticisms from various populisms, it should be noted that they themselves took a populist approach when they shifted from their original legitimate test of maximizing Welfare in favour of the sole maximization of the consumer surplus. Returning to (...)

Innovation today is shifting the established positions of a growing number of companies and industries. There is no shortage of qualifiers to underline the power of this phenomenon: drastic innovation, destabilising innovation, disruptive innovation, radical innovation, disruptive innovation. (...)

A great diversity of panel members composed the Seventh edition of the "New Frontiers of Antitrust" Conference held in Paris on June 13th, 2016. The Conference opened with hopes. In the context of TTIP negotiation between the EU and the US, the first panel expressed these hopes to see the links (...)

Maintaining competitive neutrality on markets where private and public firms compete is a necessary (but often ignored) complement to competition law enforcement. Indeed on such markets, competition without competitive neutrality will result in misallocation of resources and inefficiencies. The (...)

1. This year was the sixth edition of the New Frontiers of Antitrust Conference. In the name of the organizing committee, I want to thank all the participants as well as the speakers who year after year make this conference the most awaited and best attended competition conference in France as (...)

This article focuses on substantive convergence in merger controls, a topic of increasing importance and on which there is no unanimity. Two questions are discussed: First, how much substantive convergence has taken place over the last two decades? Second, how much more convergence is possible (...)

In September 2004, Concurrenceswas a project. Ten years later, in September 2014, Concurrencesis still a project, but a project in constant evolution. On the occasion of the 10 years, the founders’ wish was not so much to celebrate an anniversary, an overly narcissistic exercise, but to look at (...)

The first roundtable of the conference held in Paris, the 13th May 2014 on the recovery of antitrust harm was dedicated to the antitrust harm in foreign legal systems. Michele CARPAGNANO Professor, University of Trento Co-Director, Osservatorio Antitrust Knut PROVIDER Research Associate, (...)

This second roundtable of the conference “New frontiers of Antitrust” (Paris, 21 February 2014) was dedicated to the: “Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system?”. This roundtable acknowledges the fact that there is an increasing number of cases at the (...)

In this contribution derived from the DGCCRF workshop of the 18th October 2013 and dedicated to "the Minister of the Economy, guardian of the public interest in the mergers control", Frederic Jenny focuses on the general interest and the economic analysis. DGCCRF Workshop "Competition policy" (...)

The emphasis put on innovation as the common objective of intellectual property law and competition law, and consequently the shift of focus towards the dynamics of economic change, may well be a leitmotiv in recent policy documents and scholarly comment. By focusing on the strengths and (...)

In this short introduction, Frederic Jenny, Chairman of the OECD Competition Committee, presents the fourth edition of the "New Frontiers of Antitrust" conference. After having recalled the opening speech of Joaquin Almunia on the recent activity of the European Commission and his vision for (...)

The fourth roundtable of the conference “New frontiers of Antitrust” (Paris, 22 February 2013) was dedicated to "Industrial policy: Can a pro-competition industrial policy exist?". In the first contribution, Frederic Jenny specifies the notions in the matter. Jorge Padilla, author of the second (...)

Competition law violations give rise to various types of sanction: administrative, civil, penal or even professional. Frédéric Jenny analyzes the interest of each type of sanction, puts into context the expected deterrent effect of administrative sanctions and focuses on the need to determine the (...)

This set of three papers is derived from the training session on the Private enforcement organized by the Concurrences Review that has held on 5th July 2012 in Brussels. In the first contribution, Frederic Jenny, chairman of the OECD Competition Committee, describes the main economic and legal (...)

This set of two papers is derived from the training session on the “Determination of fines” organized by Concurrences Review that was held on 10th November 2011 in Paris. The first contribution written by Prof. Frédéric Jenny is dedicated to the economic model of the deterrence and its limits. The (...)

This set of three papers is derived from the training session on the information exchanges organised by Concurrences Review that has held on the 31th March 2011 in Paris. The first contribution written by Prof. Frederic Jenny, is dedicated to the definition of the fundamental notions. The (...)

Behavioural economics: Questioning the foundations of antitrust? Introduction Frédéric JENNY President, OECD Competition Committee President of the International board of the Review Concurrences Professor, Co-Director of the Centre Européen de Droit et d’Economie, ESSEC, Paris 1. Ladies and (...)

The context of the current financial and economic crisis raises important questions concerning the future of antitrust. First, is the compatibility between the goal of financial stability and the promotion of competition in the financial sector. Second, concern is voiced about the effects on (...)

Since its creation in 2004, the journal Concurrences has been organizing a colloquium. The topics covered have naturally been varied: from the adaptation of the French system to Regulation 1/2003 to the place of competition in the Treaty of Lisbon, through banking and finance issues and the (...)

Whereas in the enforcement system of Articles 81 and 82 EC resulting from Regulation No 17/62, it was usual to distinguish between the application of these texts, on the one hand, by the Commission and, on the other hand, by the national authorities and courts, which led to a preference for a (...)

Recent case law of the European Courts, the recent guidelines of the European Commission on non-horizontal mergers, the decisional practice of the European Commission as well as that of various national competition authorities and courts seem to focus on the possible anticompetitive foreclosure (...)

This article examines the use of economic analysis in the review of judicial decisions by the French Cour de Cassation, the highest court in the judicial order, in the area of antitrust law. In a first part, it explains why, when reviewing the legality of appeals courts decisions in this area, (...)

Presentation At a time when the Commission is publishing new guidelines on the calculation of fines in antitrust matters, it seems appropriate to question the purpose and effectiveness of the penalties imposed on undertakings that have infringed the competition rules, particularly in the case (...)

The proceedings of this colloquium are organised in two parts. In the first stage, the two main axes of the reform are studied: In substantive terms, the aim of the Community reform is to introduce a more economic analysis of aid in this area too. Following the presentation made by Ms Rabassa (...)

You were appointed on September 1, 2004 as an advisor to the Supreme Court of Appeal in extraordinary service. Can you tell us the nature of the duties entrusted to you in this high court? Why was the Court of Cassation interested in your profile and why did you, yourself, want to join the (...)

Concurrences is a workshop, a projects center dedicated to competition laws. In Europe competition law is not only part of Community law, but part of the 25 EU Member States national body of laws as well. It also reaches beyond European Economic Area. It is therefore no coincidence if a few (...)