Jacques Buhart

McDermott Will & Emery (Paris)
Managing Partner

Jacques Buhart focuses his practice on cross-border mergers and acquisitions. Jacques has developed substantial knowledge of various industries, including nuclear, telecommunications, technology, pharmaceutical, paper manufacturing and energy. He is head of McDermott Will & Emery’s Paris and Brussels offices. He has published widely on topics relating to mergers and acquisitions in Europe, the US and Asia. He served as chair of the International Bar Association’s section on business law between 2001 to 2003. He is a member of the board of the Sorbonne Law School. Jacques received his legal education from the Sorbonne, Paris, the Hague Academy of International Law, the Institute of Comparative Law, Paris, and the University of Paris, DESS in 1976. He also read for an MBA from the Ecole Supérieure de Commerce de Paris (ESCP).

Distinctions

Linked authors

Dechert (Paris)
McDermott Will & Emery (Paris)
ENSAE Paris-Tech
Analysis Group (Paris)
French Competition Authority (Paris)
Compass Lexecon (Paris)
European Company Lawyers Association (ECLA)
McDermott Will & Emery (Paris)

15189 | Conferences

Videos

Jacques Buhart - New Frontiers of Antitrust 2016
Jacques Buhart 13 June 2016 Paris
Jacques Buhart (McDermott Will & Emery)
Jacques Buhart 24 April 2018 Brussels
Jacques Buhart (McDermott Will & Emery)
Jacques Buhart 21 February 2018 Brussels
Jacques Buhart
Jacques Buhart 31 May 2017 Brussels

Articles

5027 Bulletin

Jacques Buhart, David Henry The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)

360

INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to (...)

David Henry, Jacques Buhart The EU Commission prohibits a merger in the railway sector and reaffirms that industrial policy objectives have no role to play when it comes to applying the EU merger control rules (Siemens / Alstom)

827

BIGGER IS BETTER . . . OR MAYBE NOT: THE SIEMENS/ALSTOM RAILWAY ME* The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the (...)

Jacques Buhart, Mai Muto, Philip Bentley The EU Commission fines a clothing company for restricting retailers from online advertising and selling cross-border to consumers in other Member States (Guess)

92

On 17 December 2018, the EC announced its decision to fine the clothing and accessories company Guess EUR 39.821 million for restricting retailers from online advertising and selling cross-border to consumers in other Member States. By doing so the company was able to maintain artificially high (...)

Jacques Buhart, Mai Muto, Philip Bentley The EU Parliament and Council adopt a directive to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN +)

156

On 4 December 2018, the Council adopted the Directive 2019/1 to enable Member State competition authorities to be more effective enforcers (ECN+). This adoption followed an agreement reached with the European Parliament at first reading. In March 2017, the EC published a proposal for a new (...)

Jacques Buhart, Mai Muto, Philip Bentley The EU Parliament, the EU Council and the EU Commission agree on a framework for the screening of foreign direct investments on the grounds of security or public order (FDI)

100

EUROPEAN PARLIAMENT, COUNCIL AND EC PROPOSE EU FRAMEWORK FOR FOREIGN DIRECT INVESTMENT SCREENING On 20 November 2018, the European Parliament, the Council and the EC agreed on a framework for the screening of foreign direct investment (FDI) on grounds of security or public order. This new (...)

David Henry, Dr. Boris Uphoff, Jacob Grierson, Jacques Buhart, Nisrin Abelin The EU Court of Justice holds that a jurisdiction clause is not excluded when it does not expressly refer to disputes relating to liability resulting from an abuse of dominant position (Apple / MJA)

103

Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action* Summary The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed (...)

Jacques Buhart, Mai Muto, Philip Bentley The EU Court of Justice refers a case back to the EU General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon)

70

CJEU REFERS SMART CARD CHIPS CARTEL CASE BACK TO GCEU, DISMISSES PHILIPS APPEAL On 26 September 2018, the CJEU considered that the GCEU had not taken into account certain possibly mitigating circumstances—namely the relatively small number of Infineon’s unlawful contacts with other cartel (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU General Court denies video-on-demand distributors’ standing to appeal a Commission decision authorising a German cinema aid scheme (Netflix / Apple)

111

All State Aid decisions taken by the EC can be subject to an action for annulment. In practice, however, it has been very difficult for complainants to successfully bring admissible actions for annulment of EC decisions approving aid because of EU courts’ strict interpretation of the locus (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice holds that the actual effects of an infringement do not have to be taken into account as part of fine calculation in abuse of dominance cases (Orange Polska)

46

On 25 July 2018 the CJEU dismissed an appeal by Orange Polska SA against a GCEU judgment upholding an EC decision that imposed a fine of more than EUR 127 million on Orange for abusing its dominant position. The CJEU confirmed that, as in the case of a cartel, the EC does not have to take (...)

Philip Bentley, Jacques Buhart, Mai Muto The French Economic and Finance minister authorises a merger in the food sector, after using his power of re-examination for the first time (Cofigéo / Agripole)

76

Article L. 430-7-1, II of the French Commercial Code provides that the French Minister of Economy and Finance has the power to re-examine a merger within 25 working days after receiving the French Competition Authority (FCA) decision, for reasons of public interest other than safeguarding (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU General Court annuls a fine imposed by the Commission on cartellists in the sea shrimp sector due to lack of reasoning (Stührk Delikatessen)

56

In this difficult case, the EC had to reduce the fines calculated for each of the cartel participants so as to remain within the unalterable limit of 10 per cent of total worldwide group turnover. The EC claimed that it had sought to treat the various cartel participants equally in making the (...)

Philip Bentley, Jacques Buhart, Mai Muto The Higher Regional Court of Frankfurt/Main, applying the preliminary ruling of the EU Court of Justice, finds that a luxury perfume provider can prohibit unauthorised distribution over third-party websites (Coty Germany)

129

This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from unauthorised (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU General Court affirms the Commission’s finding that financial investors have parental liability for the acts of an indirect subsidiary involved in the power cables cartel (Goldman Sachs / EU Commission)

92

On 12 July 2018, by its judgment in Case T-419/14 The Goldman Sachs Group v Commission, the GCEU entirely dismissed the appeal brought by The Goldman Sachs Group, Inc., against an EC decision in Case AT. 39610 Power Cables, fining Goldman Sachs EUR 37.303 million for its parental liability (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines)

82

On 5 July 2018, the CJEU handed down a judgment in response to a request for a preliminary ruling from the Lithuanian Court of Appeal in which it provided welcome clarifications of the interpretation of Articles 5(3) and 5(5) of Regulation No 44/2001 (Brussels I Regulation). These articles (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice rejects a cartel participant’s appeal concerning the inclusion of allegedly confidential information in the non-confidential version of the infringement decision (Nexans)

85

By order of 12 June 2018, the Vice President of the CJEU dismissed the appeal lodged by Nexans France SAS and Nexans SA (collectively, Nexans) against the order of the President of the GCEU of 12 July 2017. The latter rejected Nexans’s application for an interim injunction to prevent the EC from (...)

Philip Bentley, Jacques Buhart, Mai Muto The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)

101

This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU General Court annuls the Commission’s rejection of an airline’s request for a waiver of pricing commitments, ordering that they be reviewed (Lufthansa)

115

Deutsche Lufthansa AG is a joint founder member of Star Alliance, the largest global airline alliance. In addition to the Star Alliance Agreement, Lufthansa concluded with Scandinavian Airlines System (SAS) a bilateral alliance agreement, a marketing and sales agreement, and a bilateral joint (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Commission imposes a record fine of 124.5M euros for gun-jumping in relation to a merger in the telecommunications sector (Altice / PT Portugal)

60

When drawing up an acquisition agreement in a transaction that will be notifiable to the EC for clearance under the EUMR, the acquirer must ensure that any veto or similar rights that it has prior to implementation of the transaction are strictly limited to that which is necessary to preserve (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice clarifies the concept of a "competitive disadvantage" arising from discriminatory pricing by a dominant undertaking on a downstream market (MEO / Serviços de Communicações e multimedia)

62

The CJEU held that a finding of a “competitive disadvantage” as the result of discriminatory pricing by a dominant undertaking on a downstream market does not require demonstration of an actual and quantifiable deterioration of a customer’s competitive situation on that market. This notion (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other States involved in global cartels (Romano Pisciotti)

68

In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to (...)

Philip Bentley, Jacques Buhart, Mai Muto The Higher Regional Court of Hamburg, applying Coty, finds that a ban on selling products through online sales platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers (Aloe2Go)

114

The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the (...)

Philip Bentley, Jacques Buhart, Mai Muto The Higher Regional Court of Düsseldorf finds that sellers of high quality cosmetics cannot invoke "exhaustion of rights" under the EU Trademark Regulation if they have not presented the products in a way which avoids impairment of the brand’s reputation (Kanebo)

79

The Higher Regional Court of Düsseldorf decided that neither online nor offline sellers can invoke exhaustion of rights under Article 15(1) of the EU trademark regulation if they sell high-quality, prestigious cosmetic products without appropriate presentation to avoid impairment of reputation. (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice sets aside the General Court’s annulment of the Commission’s decision concerning state aid granted to a Danish bank (FIH)

57

When considering whether a measure constitutes State aid for the purposes of Article 107(1) TFEU and applying the well-established private operator principle, one should take into account both the private creditor test and that of the private investor depending on the nature of the transaction. (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU General Court confirms the Commission’s decision in refusing access to its files during a cartel proceeding in the financial sector (Edeka-Handelsgesellschaft)

74

This judgment arises out of an application by Edeka- Handelsgesellschaft Hessenring mbH (Edeka) for access to the EC’s decision and table of contents of the file in settlement proceedings concerning four banks involved in the Euro Interest Rate Derivatives (EIRD) cartel. The judgment illustrates (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU General Court annuls a Commission finding that state measures in favour of health insurance organisations did not constitute state aid, and holds that the economic nature of an activity is determined by the presence of operators seeking to make a profit (Dôvera Zdravotná Poist’ovña)

57

This State aid case gives interesting indications regarding the definition of an undertaking and the economic or non-economic nature of its activities. The GCEU pointed out that merely being in a position of competition on a given market does not determine the economic nature of an activity, (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice clarifies the application of competition law to the pharmaceutical sector in relation to off-label use of medicine and the dissemination of misleading information about product characteristics (Hoffman-La Roche)

79

On 23 January 2018, the CJEU rendered its judgment in the case Hoffman-La Roche and Others v AGCM, providing clarification on important aspects of competition law in the pharmaceutical sector. The CJEU rendered its judgment pursuant to a request for a preliminary ruling by the Italian Council (...)

Lionel Lesur, Jacques Buhart The French Competition Authority imposes a €25 m fine on a pharmaceutical laboratory for delaying entry into the market of the generic version of a drug and for hindering its development through disparagement campaigns (Janssen-Cilag)

26

THE FRENCH COMPETITION AUTHORITY FINES A PHARMACEUTICAL LABORATORY EUR 25 MILLION FOR ANTI-GENERIC PRACTICES* On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version (...)

Daniel von Brevern, Jacques Buhart The EU General Court confirms the EU Commission’s decision of imposing a €20 m fine on a seafood company for gun jumping (Marine Harvest)

23

BEWARE OF "GUN JUMPING": EU COURT UPHOLDS EUR 20 MILLION FINE IMPOSED ON NORWEGIAN SEAFOOD COMPANY* Between 2012 and 2013, Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, acquired Morpol ASA (“Morpol”), a Norwegian producer and processor of salmon. Marine Harvest notified the (...)

Lionel Lesur, Jacques Buhart The French Competition Authority imposes a €302 m fine on three leading companies in the PVC and Linoleum floor coverings sector for price-fixing, sharing commercially sensitive information and signing a non-compete agreement on environmental performance advertising (Forbo / Gerflor / Tarkett / SFEC)

29

SIGNIFICANT FINE IMPOSED BY THE FRENCH COMPETITION AUTHORITY IN FLOOR COVERINGS CARTEL* On October 18, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as (...)

Jacques Buhart The EU Court of Justice hands down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers are not provided with information on the different format or size of shops where the products are sold (ITM / Carrefour)

17

UNFAIR COMMERCIAL PRACTICES: THE EUROPEAN COURT OF JUSTICE SPECIFIES CRITERIA FOR COMPARATIVE ADVERTISING* On 8 February 2017, the European Court of Justice (ECJ) handed down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers (...)

Jacques Buhart The Italian Competition Authority takes into account the compliance programs of companies in setting up the fines for having implemented anticompetitive agreement in the home ventilotherapy and home oxygentherapy supply services sector (Medicale / Medicair Italia / Medigas Italia / Sapio Life / Vitalaire Italia / Viviso...)

25

Compliance Programs – The Italian Competition Authority Highlights the Importance of an Effective Implementation and Update* On 19 January 2017, the Italian Competition Authority (the Authority) issued a decision concerning alleged anticompetitive agreements in the home ventilotherapy and home (...)

Jacques Buhart The Italian Competition Authority signs a memorandum of understanding with the Italian Communication Authority concerning several aspects of their cooperation in the application of the rules to protect the consumer in electronic communications markets

21

Unfair Commercial Practices – The Italian Competition Authority and The Italian Communication Authority Sign a Memorandum of Understanding* On 13 January 2017, the Italian Competition Authority (AGCM) and the Italian Communication Authority (AGCOM) signed a memorandum of understanding (...)

Jacques Buhart The Italian Regional Administrative Court of Lazio annuls the decision of the Italian Competition Authority concerning an alleged violation of Art. 101 on the sale of broadcasting rights (Sky / RTI / Lega Calcio / Infront)

20

SALE OF SERIE A BROADCASTING RIGHTS, THE REGIONAL ADMINISTRATIVE COURT OF LAZIO ANNULS THE DECISION OF THE ITALIAN COMPETITION AUTHORITY* On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), (...)

Wilko Van Weert, Jacques Buhart The EU General Court upholds the EU Commission’s fine of €150 m on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)

33

EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic (...)

Philip Bentley, Jacques Buhart The EU Commission accepts commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for containerised shipping services (Liner Shipping case)

15

EUROPEAN COMMISSION CHALLENGES PUBLIC PRICE ANNOUNCEMENTS BY SHIPPING LINER COMPANIES* On 7 July 2016, the European Commission adopted a decision accepting commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for (...)

Jacques Buhart The EU Court of Justice confirms that the presence of the same person in either the managerial or supervisory boards of two companies does not establish a relationship of dependency between two undertakings (Odile Jacob / VUP & Lagardère)

13

THE EU COURT OF JUSTICE BRINGS TO AN END ODILE JACOB’S FIGHT AGAINST LAGARDÈRE’S PURCHASE OF VIVENDI UNIVERSAL PUBLISHING* By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (...)

Jacques Buhart The EU Court of Justice overturns the EU General Court’s judgement which reduced the fine imposed on companies engaged in a cartel behaviour on the basis that it exceeded its jurisdiction by considering facts not previously introduced (Galp)

29

EU COURT OF JUSTICE REDUCES CARTEL FINE: GENERAL COURT OF THE EU EXCEEDED ITS JURISDICTION* The Court of Justice of the European Union (Court),the EU’s highest court, recently issued a judgment in case C-603/13 P, Galp Energía España SA and others v Commission, reducing the fine imposed on (...)

Jacques Buhart The US Circuit Court of Appeals for the Third Circuit annuls a district court’s order which certified a class of direct purchasers in a price-fixing suit in the blood reagents market (Ortho Clinical Diagnostics)

17

On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re Blood Reagents, case number 12-4067. Plaintiffs allege that (...)

Jacques Buhart The US Court of Appeals for the Seventh Circuit refuses a petition for a rehearing in a price fixing claim against foreign manufacturers in the liquid crystal display sector (Motorola / AU Optronics)

17

On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola Mobility LLC v. AU Optronics Corp., et al., case number 14-8003. Motorola (...)

Jacques Buhart The US Court of Appeals for the Sixth Circuit upholds the dismissal of price-fixing claims against two home brokerage service firms because circumstantial evidence did not exclude the possibility of independent conduct (Hyland / HomeServices of America)

18

On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v. HomeServices of America Inc., et al., case number 12-5947. The plaintiffs, (...)

Jacques Buhart The US District Court for the Southern District of New York denies motions for summary judgment in 2 class action suits alleging anticompetitive conduct in markets for TV & internet sports broadcasting (Laumann / National Hockey League) (Lerner / Office of the Commissioner of Baseball)

19

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these organizations and television providers conspired to hinder competition in (...)

Jacques Buhart The US Court of Appeals for the Federal Circuit finds that antitrust liability can attach to sham administrative petitions and that the sham litigation exception is not limited to court litigation (Tyco Healthcare / Mutual Pharmaceutical)

12

Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s summary judgment of no antitrust liability, finding that antitrust liability can attach to sham administrative (...)

Andrea L. Hamilton, Jacques Buhart, Lionel Lesur The EU Commission publishes a White Paper on the application of merger control rules to the acquisition of non-controlling minority shareholdings to provide a more effective EU merger control regime

19

COMMISSION PUBLISHES WHITE PAPER ON MINORITY SHAREHOLDINGS* On 9 July 2014, the EU Commission (Commission) published a White Paper (White Paper) entitled Towards more effective EU merger control. The White Paper sets out the Commission’s current thinking on the application of merger control (...)

Jacques Buhart The US Court of Appeals for the Second Circuit clarifies that a patent holder’s contractual duty to deal is not necessarily subject to an antitrust duty to deal (Louisiana Wholesale Drug Company / Shire)

18

Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust class action challenge to a drug manufacturer’s refusal to fully supply (...)

Jacques Buhart The US FTC appeals the US District Court for the District of New Jersey decision that a “no authorized generic” agreement cannot be an antitrust violation (King Drug Company / SmithKlineBeecham)

13

On May 2, 2014, the Federal Trade Commission (FTC) filed an amicus brief with the U.S. Court of Appeals for the Third Circuit requesting that the court reverse the district court’s decision in Lamictal Direct Purchaser Antitrust Litigation, finding that a “no authorized generic” agreement between (...)

Jacques Buhart The EU Commission opens a State aid investigation into the German Renewable Energy Source Act for giving unlawful advantages to energy-intensive companies in Germany

11

EUROPEAN COMMISSION INVESTIGATES EXEMPTION FROM RENEWABLE ENERGY SURCHARGE FOR ENERGY-INTENSIVE COMPANIES IN GERMANY* The European Commission today opened a State aid investigation into the German Renewable Energy Source Act (the EEG), claiming that the EEG may have given unlawful advantages (...)

Jacques Buhart The US District Court for the Northern District of Illinois certifies a class action in challenging a consummated merger in the healthcare system services (Evanston Northwestern)

16

On December 10, 2013, Judge Edmond Chang of the Northern District of Illinois certified a class of plaintiffs who filed a proposed class action against NorthShore University Health System (formerly Evanston Northwestern Healthcare) on behalf of all end-payors who purchased inpatient and (...)

Jacques Buhart The EU Court of Justice holds EU national courts must assume that a measure qualifies as State aid if the Commission has opened an in-depth investigation into that measure (Lufthansa / Flughafen Frankfurt Hahn)

19

EU NATIONAL COURTS MAY HAVE TO ORDER RECOVERY OF STATE AID BEFORE EUROPEAN COMMISSION MAKES FINALE DECISION* The European Court of Justice decided on 21 November 2013 that EU national courts must assume that a measure qualifies as State aid, if the European Commission has opened an in-depth (...)

Jacques Buhart The US FTC clears merger of second and third largest national office supplies superstores after an in-depth seven-month investigation because they face competition from online retailers and mass merchants (Office Depot / OfficeMax)

17

On Friday, November 1, 2013 the Federal Trade Commission (FTC) ended a seven-month investigation of the proposed merger between Office Depot Inc. and OfficeMax Inc., allowing the transaction to move forward. The merger between the second and third largest office supply superstores (OSS) is not (...)

Philip Bentley, Jacques Buhart The EU General Court issues a provisional order suspending the EU Commission’s decision to communicate to the High Court of England a copy of a customer’s reply to the statement of objections in the gas insulates switchgear cartel (National Grid)

16

RELEASE OF CONFIDENTIAL CARTEL INFORMATION BY EUROPEAN COMMISSION TO ENGLISH HIGH COURT SUSPENDED* On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s (...)

Jacques Buhart The EU Commission adopts a new legislative package known as the Services of General Economic Interest which simplify the procedure of automatic exemption to a larger number of services

23

EUROPEAN COMMISSION ADOPTS NEW STATE AID RULES ON SERVICES OF GENERAL ECONOMIC INTEREST * On December 20, 2011, the European Commission adopted a new legislative package on the application of State aid rules on services to public services – known as Services of General Economic Interest (SGEI). (...)

Jacques Buhart The Italian Competition Authority finds that four health care insurance providers participated in anti-competitive behaviour and imposes a total fine of €13 m (HDI / Gerling / Faro Assicurazioni / Navale Assicurazioni / Primogest)

14

HEALTH CARE INSURANCE COMPANIES IN ITALY FINED OVER €13 MILLION FOR ANTI-COMPETITIVE BEHAVIOUR* The Italian Competition Authority has found that four health care insurance providers—HDI-Gerling Industrie Versicherung AG, Faro Compagnia di Assicurazioni e riassicurazioni S.p.a., Navale (...)

Jacques Buhart The German Competition Authority initiates a sector inquiry in the food retail sector by sending questionnaires to retailers and producers in the food and beverages industry

24

GERMAN COMPETITION AUTHORITY STARTS SECTOR INQUIRY INTO FOOD RETAIL* The German Competition Authority has started a sector inquiry in the food retail sector yesterday and has sent questionnaires to 21 retailers and over 200 producers in the food and beverages industry. According to the press (...)

Jacques Buhart The Italian Competition Authority imposes fines totalling €5,5 m on firms producing and selling electro-medical equipment for diagnostic imaging representing 68% of the Italian sales (Alliance Medical / Toshiba Medical / Philips / Siemens)

15

ITALIAN COMPETITION AUTHORITY FINES SUPPLIERS OF MAGNETIC RESONANCE EQUIPMENT €5.5 MILLION * On 5 August 2011, the Italian Competition Authority levied fines totalling €5,538,750 on Alliance Medical S.r.l., Toshiba Medical Systems Italia S.r.l., Philips S.p.A. and Siemens S.p.A. Each firm (...)

Jacques Buhart The Italian Competition Authority blocks a proposed acquisition of two active undertakings in the retail sale of electricity sector due to the parties market shares and the increased barriers to entry (Compagna Valdostana delle Acque / Deval / Vallenergie)

16

ITALIAN COMPETITION AUTHORITY BLOCK PROPOSED ACQUISITION* On 8 August 2011, the Italian Competition Authority blocked the proposed acquisition by Compagnia Valdostana delle Acque (CVA) of Deval and Vallenergia, both active in the retail sale of electricity in Valle d’Aosta, a mountain region in (...)

Jacques Buhart The German Supreme Court upholds that members of a cartel are able to defend themselves against a claim for damages by raising the passing-on defence onto a downstream market (Carbonless Paper Cartel)

16

SUPREME COURT ALLOWS THE PASSING-ON DEFENSE IN ANTITRUST DAMAGES ACTIONS * The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants (...)

9450 Review

Frédéric Jenny, Damien Neven, Jacques Buhart, David Henry, Thomas Funke, Mathew Heim, Catarina Midões, Nicholas Levy, David R. Little, Henry Mostyn, Ioannis Lianos, Massimo Motta, Martin Peitz, Cristoforo Osti, Almos Papp, Christian Wik, Kristian Hugmark, Julia Vahvaselkä, Antoine Winckler, Thierry Boillot Which competition and industrial policies for the new EU Commission after Siemens/Alstom?

4810

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 (...)

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