McDermott Will & Emery (Paris)

Frédéric Pradelles

McDermott Will & Emery (Paris)
Partner

Frédéric Pradelles is a partner in the Paris office of Mcdermott Will & Emery, previously a partner at Latham & Watkins. He specializes in French and European competition law, in contentious and non-contentious matters, and regularly advises clients on cartels and abuse of dominant position cases, notably in the context of litigation matters before the jurisdictions or competition authorities, antitrust investigations, and setting up of antitrust compliance programs. Mr. Pradelles assists clients in the context of European and French merger control cases, including in Phase II cases and coordinates multi-jurisdictional filings. Mr. Pradelles has developed strong experience in the setting up of strategic alliance, joint venture, and commercial contracts and distribution (distribution networks, selective, and exclusive distribution). On the litigation side, he represents clients before the competition authorities, EC and French jurisdictions, and the French Supreme Courts (Cour de Cassation and Conseil d’Etat). He also represents clients in engagement procedures. Mr. Pradelles advises clients active in various economic sectors, particularly in industry, distribution, media, hotel, paper, finance, and information technology. He is a member of the APDC’s board of directors (Association des avocats Pratiquant le Droit de la Concurrence) which comprises about 200 experienced lawyers in competition, and a member of the AFEC (Association Française d’Etude de la Concurrence). Before joining the firm, Mr. Pradelles worked in the antitrust and trade group department of a Magic Circle firm.

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Articles

1345 Bulletin

Jacques Buhart, Frédéric Pradelles, Mary Hecht The Paris Court of Appeal rules that a Big Tech firm did not abruptly terminate a contract with an advertising partner because the termination was objectively justified and a legitimate exercise of commercial freedom (Ulysse / Google)

337

On March 11, 2022, the Paris Court of Appeals overturned in its entirety a May 31, 2019 judgment of the Paris Commercial Court, which had ordered Google to compensate an advertiser, Ulysse Service (’Ulysse’), for the abrupt termination of established commercial relationships. In this case, the (...)

Frédéric Pradelles, Mary Hecht The EU General Court confirms Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping)

83

Google’s flagship product is the Google search engine, which provides search results to consumers, who pay for the service with their data. Almost 90% of Google’s revenues stem from adverts, such as those it shows consumers in response to a search query. In 2004, Google entered the separate (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht, Max Küttner The EU Commission investigates a merger between two genomics companies (Grail / Illumina)

185

The EC’s review of Illumina’s acquisition of GRAIL raises two novel issues: the assertion of jurisdiction by the EC over transactions that do not meet any national or EU jurisdictional merger control tests, and the use of interim measures to stop parties closing a transaction where the EC has (...)

Frédéric Pradelles, Mary Hecht The EU Court of Justice dismisses an appeal from a member of the Car Battery Cartel requesting leniency on the grounds that they did not provide novel information (Recylex)

34

On 3 June 2021, the CJEU issued a judgment rejecting Recylex’s appeal against the GCEU’s dismissal of Recylex’s challenge to the EC’s infringement decision in the car battery recycling cartel. By this decision the EC rejected Recylex’s request for an increase in leniency reduction beyond the level (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht, Max Küttner, Karolien Van der Putten The EU Commission fines investment banks €371M for participating in a European bonds trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)

79

By decision of 20 May 2021, the EC found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) breached EU antitrust rules through the participation of a group of traders in a cartel on the primary and secondary markets for European Government Bonds (...)

Frédéric Pradelles, Mary Hecht The EU Commission fines a pharmaceutical company €7.5M for providing inaccurate information during review of an acquisition application (Merck / Sigma-Aldrich)

55

On 3 May 2021, the EC fined Sigma-Aldrich EUR 7.5 million for providing incorrect or misleading information during the EC’s review of Merck’s planned acquisition of the company. Background On 21 April 2015, Merck notified the EC of its plan to acquire Sigma-Aldrich. On 15 June 2015, the EC (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht The EU Commission imposes fines totalling €48M on 3 railway companies for participating in a cross-border customer allocation cartel (ÖBB / DB / SNCB)

71

On 20 April 2021, the EC issued its settlement decision by which it fined Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen (SNCB) a total of approximately EUR 48 million for participating in a cross-border customer allocation (...)

Frédéric Pradelles, Mary Hecht The EU Court of Justice upholds a fine after affirming caselaw that a parent company may be held jointly and severally liable for: allocating markets and customers, price fixing, bid rigging and sharing commercially sensitive information (Italmobiliare)

32

On 24 June 2015, the EC fined 10 manufacturers of retail food packaging trays a total of EUR 115.8 million for having participated in a single and continuous infringement consisting of five separate cartels aimed at fixing prices, allocating customers and markets, bid-rigging and exchanging (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht, Max Küttner, Karolien Van der Putten The EU Court of Justice dismisses all appeals brought by a Danish pharmaceutical company and five generic manufacturers against the judgments of the General Court and upholds a decision of the Commission on patent settlement agreements between the companies (Lundbeck)

91

On 25 March 2021, the CJEU dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S and five generic manufacturers against the judgments of the GCEU, thus upholding a decision of the EC on patent settlement agreements between Lundbeck and five generic manufacturers (...)

Max Küttner, Mary Hecht, David Henry, Hendrik Viaene, Frédéric Pradelles, Jacques Buhart, Philip Bentley The EU Court of Justice reduces a fine imposed on a steel abrasives cartel on grounds of breach of the principle of equal treatment (Pometon)

68

On 18 March 2021, the CJEU ruled on the appeal by Pometon SpA against the GCEU’s judgment in the steel abrasives cartel case. The CJEU ruled that the GCEU had breached the principle of equal treatment when recalculating the EC’s fine imposed on Pometon, the only non-settling party in this case. (...)

Frédéric Pradelles, Mary Hecht The EU General Court rejects a rival’s challenge to the Commission’s decision allowing two Dutch cable operators to merge subject to conditions (KPN)

48

On 27 January 2021, the GCEU confirmed the EC’s decision declaring the merger of the two main Dutch cable operators, Ziggo N.V. and Liberty Global Plc, compatible with the internal market, thus rejecting the action introduced by their competitor, KPN BV, a provider of retail television offers (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht The EU Commission imposes fines totalling €7.9M on a digital distribution company and 5 publishers for geo-blocking (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)

42

On 20 January 2021, the EC fined Valve Corporation and five publishers, Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax, a total of EUR 7.9 million for breaching antitrust rules by partitioning the EEA market. Background Valve, together with the five publishers, restricted (...)

Frédéric Pradelles, Mary Hecht The EU Commission rejects a gun jumping complaint by a company subject to a hostile takeover on the grounds that despite the case involving a series of transactions it can be seen as a single concentration and therefore the public bid exemption that is applicable to the second stage applies to the whole transaction (Veolia / Suez)

46

On 17 December 2020, the EC rejected Suez’s gun-jumping claim and provided further clarifications on the scope of the exemption to the standstill obligation in the case of two-step acquisitions encompassing a public bid. Background On 30 August 2020, the French company Veolia announced its (...)

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