Gibson Dunn (Paris)

Grégory Marson

Gibson Dunn (Paris)
Lawyer (Associate)

Grégory Marson is an associate in the Paris office of Gibson Dunn & Crutcher. Grégory is a member of the Paris Bar. Specialized in public economic law, his practice is focused on issues relating to state aid rules, competition law, government contracts, freedom of movement, energy related issues as well as infrastructure law. He holds particular expertise in matters regarding the rail, energy, banking and insurance sectors. He also advises companies in actions brought before the European Commission and regulatory authorities. Grégory Marson has extensive experience representing and assisting both state-owned entities (such as the French State and governmental bodies) and private entities in their development, by providing solutions to compliance issues under various regulations. In addition, he has provided assistance in administrative proceedings before all the administrative courts acting as counsel for both claimants and defendants. Grégory has had experience in priority preliminary proceedings on the issue of constitutionality before the French Constitutional Council. Grégory Marson is also a lecturer in administrative law and a member of the Research Center on Public Law at the University of Paris Ouest Nanterre La Defense. Grégory has a Phd in public economic law and authored several articles on administrative law and competition law issues in legal journals.

Articles

1615 Review

Grégory Marson Umbrella effect: The French Administrative Supreme Court specifies the legal regime of the quasi-delictual liability action available to public entities against the perpetrators of anti-competitive practices carried out in connection with the awarding of public contracts (Mersen)

132

As economists point out, "the fight against horizontal cartels is at the heart of any competition policy. The objective is to prevent price levels and market allocation from being the result of concerted decisions and not of impersonal market forces" (R. Guesnerie and D. Encaoua, Politiques de (...)

Grégory Marson Impartiality: The French Administrative Supreme Court and the Douai Administrative Court of Appeal state that the principle of impartiality is not violated merely because a public procurement contract is awarded to a local semi-public owned company (SEML) and point out that the violation of the principle of impartiality by a public purchaser must be assessed in light of an in concreto analysis of the award procedure (Port autonome de Nouvelle-Calédonie, Cabre)

129

Readers of the review are Concurrencesaware that the Conseil d’État considers "that among the general principles of law which are binding on the contracting authority, as on any administrative authority, is the principle of impartiality, the disregard of which constitutes a failure to comply with (...)

Grégory Marson Private domain: The French Ministry of Economy and Finance considers that the managing authorities of private domain must implement procedures similar to those prevailing for the public domain, in light of the Promoimpresa judgment of the Court of Justice of the European Union of 14 July 2016 (Ministerial response)

156

"Let’s make this clear" at the outset, Ministerial Reply No. 12868 of 29 January 2019 (hereinafter "the Reply") should in principle be devoid of binding effect. This absence is no longer due solely to the fact that it is a mere ministerial reply. As a result of the combined provisions of (...)

Grégory Marson Conflict of interest: The French Supreme Administrative Court and the Administrative Court of Paris specify, on the one hand, that the violation of the principle of impartiality is closely linked to the characterisation of a conflict of interest, and, on the other hand, that the processing of privileged information does not fall within the scope of this principle (SIOM ; Excelsis)

115

With the French Revolution, a new figure appears in the order of symbolic representations of the administrative system, that of the "disinterested" administrator. Imperatives emerge, particularly in the field of public procurement: "disinterestedness, probity, impartiality must be the qualities (...)

Grégory Marson Public domain : The French Supreme Administrative Court specifies the conditions in which a binding agreement to sell goods belonging in the public domain can be validly executed and indicates that a significant reduction in the scope of a concession contract constitutes a substantial change and is therefore illegal (SEMEPA)

145

On 29 December 1986, the municipality of Aix-en-Provence (the ’Commune’) concluded an agreement with the Société d’Economie Mixte d’Equipement du Pays d’Aix (SEMEPA) concerning the concession for the management of the public service of off-street paid parking and the operation of seven on-street (...)

Grégory Marson Rating methodology: The French Supreme Administrative Court points out that the judge hearing requests for precontractual interim measures cannot cancel a public procurement procedure in the field of defence procurement and that the contracting authority cannot use a rating method, which have as its effect of neutralizing the scope of criteria for the selection of applications (Techno Logistique)

115

The Atelier industriel de l’aéronautique de Clermont-Ferrand (hereinafter the "Contracting Authority"), which is part of the Service industriel de l’aéronautique de Clermont-Ferrand, had launched an invitation to tender with a view to the award of a purchase order contract for the provision of (...)

Grégory Marson Objective hardships : The European Court of Justice considers that in the absence of a clause providing for the possibility to adapt, even significantly, a public procurement contract during its performance, a settlement agreement justified by the existence of objective hardship shall not be intended to result in a substantial modification of the contract (Finn Frogne)

174

A public contract for the provision of a global communications system common to all emergency services of the Danish State and for its maintenance for several years (hereinafter the ’Contract’) was binding on the competent public authority and its holder. The Contract was worth approximately EUR (...)

Grégory Marson Public tender: The French Supreme Administrative Court postpones, in view of the requirements resulting from the fundamental right of appeal, the entry into force of the Tarn-et-Garonne legal action for the foreclosed competitors and specifies the pleas in law they can raise (Syndicat mixte des transports en commun “Hérault transport”)

126

By the very admission of the public rapporteur Bertrand Dacosta, contract law had become, on the threshold of the Tarn-et-Garonne decision, a veritable "maelstrom" (concl. B. Dacosta, CE, Ass., 4 April 2014, Département du Tarn-et-Garonne, RFDA, 2014, p. 425). Given the number of legal remedies (...)

Grégory Marson Public procurement: The French Supreme Administrative Court defines the criteria for identifying a conflict of interest affecting the regularity of an award procedure for a public contract and the means to prevent the conflict (Applicam)

173

Jean Guitton considered that to be in the wind is to have the fate of dead leaves. It is to be hoped that the notion of conflicts of interest, which is currently the subject of an abundant literature, will not meet such a fate (see in particular, "Les conflits d’intérêts", Pouvoirs n° 143, Nov. (...)

Grégory Marson Exclusive rights : The Court of Justice of the European Union considers that granting an exclusive right as a potential infringement of art. 106-1 TFEU combined with art. 102 (DEI)

350

A Greek public company, DEI, was granted an exclusive licence to explore and exploit lignite in Greece. By decision of 5 March 2008, the Commission considered that the granting and maintenance of that exclusive right was contrary to Article 106(1) TFEU read in conjunction with Article 102 TFEU (...)

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