Jérôme Philippe

Freshfields Bruckhaus Deringer (Paris)
Lawyer (Partner)

Jérôme Philippe is a partner and head of the antitrust, competition and trade team of Freshfields Bruckaus Deringer, Paris. In addition to being a lawyer, Jérôme earned a PhD in Economics and graduated as an Engineer from the French ’Ecole Polytechnique’ and from the ’Ecole Nationale de la Statistique et de l’Administration Economique; (ENSAE). Before joining Freshfields Bruckhaus Deringer, Jérôme had been Head of the Office of Mergers and State Aids for four years in the French General Directorate for Fair Trading, Consumer Affairs and Fraud Control. In that position, he was involved in most French and European mergers, and he also took an important part in the definition of the new merger control regime in France. He advises his clients in all areas of domestic and European competition law, including inter alia: mergers, cartels, leniency applications, abuses of dominance, state aids, distribution law. He has particular experience of cases that mix law and economics. He represents his clients in front of the DGCCRF, the French Competition Authority, the European Commission and also the European Court of Justice. In 2004, he was ranked among the first ten lawyers under 40 years in competition law worldwide by the Global Competition Review. He was the only French lawyer to appear in this list. Jérôme is also a Professor in Law and Economics (Ecole Polytechnique, HEC, ENSAE, Sciences Po and at the MBA Sciences Po). He speaks French, English and Spanish.

Linked authors

Eversheds Sutherland (Paris)
US Federal Trade Commission (FTC)
Freshfields Bruckhaus Deringer (Paris)
Coty (Paris)
Edreams ODIGEO (Barcelone)
Freshfields Bruckhaus Deringer (Paris)
Orange (Paris)
Lni avocats (Paris)

Videos

Jérôme Philippe
Jérôme Philippe 22 June 2017 Paris
Jérôme Philippe - Séminaire droit et économie - 15 septembre 2016
Jérôme Philippe 15 September 2016 Paris
Jérôme Philippe - New frontiers of antitrust 2015
Jérôme Philippe 15 June 2015 Paris

Articles

95818 Bulletin

Dimitri Lecat, Jérôme Philippe, Aude Guyon The French Government implements the damages directive by way of an order which establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices

124

The French Government has just implemented the Damages Directive by way of order No. 2017 -303 (the Order). The Order establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices. In a nutshell, what are the main (...)

Aude Guyon, Jérôme Philippe The French Competition Authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural remedies due to the economic crisis (Caisse d’Epargne / Banque Populaire)

8155

Since it was granted jurisdiction over mergers, the Competition Authority (hereafter “the Authority”) gave its first decision of approval with commitments on June 22, 2009. Even though it was a Phase I decision, the Authority performed a very thorough analysis of the operation’s impact, especially (...)

Jérôme Philippe, Lucas Niedolistek The Paris Court of appeal reverses a decision of the Commercial Court which ordered the telephone incumbent to suspend the conditioned sale of its football dedicated channel to the subscription to its triple-play offer (Orange Foot-France Télécom)

1485

On 14 May 2009, the Paris Court of appeal reversed a decision of the Paris Commercial Court dated 23 February which ordered France Telecom to suspend the conditioned sale of its football dedicated channel “Orange Foot” to the subscription to its triple play offer. The Paris Court of Appeal held (...)

Jérôme Philippe, Lucas Niedolistek The French Competition Authority hands out two key decisions in relation to the concept of abuse of state of economic dependence (Concurrence) (National union of the written press distributors SNDP)

3614

A provision specific to French competition law In France, in addition to the prohibition against the abuse of a dominant position, national competition law prohibits the abusive exploitation by a company or a group of companies (not necessarily dominant) of a situation of economic dependence (...)

François Gordon, Jérôme Philippe The Paris Court of Appeal upholds the legality of two restrictions on Internet sales by authorised retailers within a selective distribution network (PMC Distribution / Pacific Création)

5181

In its decision dated 18 April 2008, S.A.R.L. PMC Distribution vs. S.A.S. Pacific Création, the Paris Court of Appeal (the "Court") takes part in the debate on the legal regime of Internet sales within selective distribution systems. Pacific Création, an undertaking which manufactures and (...)

Florence Kramer, Jérôme Philippe The Paris Court of Appeals receives observations - submitted for the first time to a national court since adoption of Reg. n° 1/2003 - from the European Commission (Garage Gremeau / Daimler Chrysler)

10683

Background According to Article 15(3) of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 January 2003, pp. 1-25), the European Commission (the “Commission”) may submit (...)

Caroline Evrard, Jérôme Philippe The Paris Court of Appeal confirms the Competition Authority’s record fine on three telephony operators for exchanging confidential information and maintaining market shares (Bouygues Télécoms / SFR / Orange France)

8842

Following the Competition Council’s decision to initiate proceedings ex officio in 2001 and a complaint lodged by the consumer association UFC Que Choisir in 2002, an investigation revealed the existence of anticompetitive agreements on the French mobile telephony market. In a decision dated 30 (...)

François Gordon, Jérôme Philippe The French Minister of Economy grants unconditional clearance to a merger in the press sector (Le Monde / Hachette Fillipacchi)

3110

In its decision dated 6 October 2006, the French Minister of Economy (the Minister) unconditionally cleared the acquisition by the Société Éditrice du Monde (SEM) of Hachette Fillipacchi Médias group’s “South Pôle” (i. e. its activities located in the southern part of France) through the medium of two (...)

Jérôme Philippe, Mathilde Mason Alline The Paris Court of Appeal confirms the NCA’s decision sanctioning hotels for operating an illegal cartel by exchanging confidential commercial information (Parisian palaces)

6652

In a decision dated 26 September 2006, the Paris Court of Appeal (the Court) confirmed in all respects the Competition Council’s decision of 25 November 2005, imposing heavy fines totalling nearly €710,000 on six Parisian palace hotels, for exchanging confidential commercial information about (...)

Jérôme Philippe The French Supreme Court lowers the standard of proof for anticompetitive practices and quashes the Paris Court of Appeal judgment in the Ténor case, regarding calls from landlines to mobile phones (ETNA / France Telecom-SFR)

6171

Following a referral by an association of telecom operators disputing the pricing policy of integrated operators (i.e. offering both landline and mobile phone services), the French Competition Council had, in its decision of 14th October 2004, found against France Télécom and SFR and fined them (...)

Charlotte-Mai Doremus, Jérôme Philippe A French Court concludes that the new motor vehicle block exemption regulation EC N° 1400/2002 amounts to a substantial change in the legal environment of car manufacturers justifying a complete reorganisation of distribution networks (Daimler-Chrysler/SO.PA.VI.A)

7671

SO.PA.VI.A had been entrusted by Daimler Chrysler France with the exclusive distribution of new motor vehicles of the Mercedes Benz trademark in the Pau/Tarbes area (i. e. south-west of France), pursuant to an agreement of 25 September 1996 complying with the previous block exemption regulation (...)

Ivan Gurov, Jérôme Philippe The French Competition Council defines relevant product market and assesses dominance on an application for preliminary ruling from the Paris district Court (Luk Lamellen/Valeo)

2997

In January 2005, the Paris district court (Tribunal de grande instance de Paris (TGI)) rejected a patent enforcement action of LuK Lamellen und Kupplungsbau (LuK) , a dual-mass flywheel (DMF) producer, against one of its direct competitors, Valéo. In a contingent counterclaim, Valéo alleged that (...)

Charlotte-Mai Doremus, Jérôme Philippe The Court of Appeal of Paris confirms absence of predatory pricing on the basis of ECJ case law (VIIV/Régie départementale des passages d’eau de la Vendée)

4664

The “Régie départementale des passages d’eau de la Vendée” (“RDPEV”) is entrusted with the operation of a public service : it operates regular ferry services (both for passengers and for cargo and vehicles) between the mainland and l’Île d’Yeu (an island off the Atlantic coast of France) all year round. (...)

Charlotte-Mai Doremus, Jérôme Philippe The Paris Court of Appeal holds that a selective distribution system is compatible with EC Reg. n° 2790/1999 (LCJ Diffusion / La Roche Posay / Cosmétique Active France)

3666

La Roche Posay is specialised in the manufacturing and marketing of dermo-cosmetics products and has established a selective distribution system throughout the European Economic Area (EEA). La Roche Posay and its distributor in France, Cosmétique Active France, brought an action against LCJ (...)

Charlotte-Mai Doremus, Jérôme Philippe The French Competition Council makes a rigorous analysis of the criteria of effect on trade between Member States and a broad application of the notion of agreement under Art. 81 EC and national provisions (Browning Winchester)

6626

Browning Winchester France (”BW”), a manufacturer of guns and ammunitions, had set up a distribution network in France by entering into “pilot resellers’ agreements” with several gunsmiths. Pursuant to these agreements signed between 1997 and 2001, the gunsmiths undertook to order minimum volumes (...)

Charlotte-Mai Doremus, Jérôme Philippe La Cour de cassation confirme que, même lorsqu’il applique les articles 81 et 82 CE, le Conseil de la concurrence doit mettre en oeuvre les règles françaises de procédure (Pharma Lab, GlaxoSmithkline et Pfizer)

2922

Dans l’affaire Pharma Lab, GlaxoSmithkline et Pfizer la société Pharma-Lab, grossiste-exportateur en spécialités pharmaceutiques, avait dénoncé auprès du Conseil de la concurrence des pratiques qu’elle estimait constitutives de refus de vente en vue de restreindre le commerce parallèle de médicaments. (...)

171378 Review

Frédéric Jenny, Jérôme Philippe Populism and competition

786

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 (...)

Aude Guyon, Jérôme Philippe Behavioural commitments - Financial crisis: The French Competition Authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural commitments due to the economic crisis (Caisse d’Épargne/Banque Populaire)

2872

Aut. conc. dec. no. 09-DCC-016 of 22 June 2009 relating to the merger between the Caisse d’Epargne and Banque Populaire groups Since the transfer of merger control to the Competition Authority (hereinafter ’the Authority’), the Authority issued its first clearance decision with commitments on 22 (...)

Aude Guyon, Jérôme Philippe Buying power: The French Minister of Economy, following the Competition Council’s opinion, unconditionally approves a merger leading to duopoly taking into account the publishers’ buying power together with printers’ overcapacities (Quebecor/Maury)

3293

Min. Éco, March 4, 2009, Quebecor / Maury, aff. C2008-89, BOCCRF No. 2bis of April 2, 2009 Conc. conc. opinion n°09-A-01 of February 6, 2009 relating to the acquisition of the companies of the Maury Group by CirclePrinters, BOCCRF n° 2bis of April 2, 2009 Following the Competition Council’s (...)

Aude Guyon, Jérôme Philippe Judicial review: The CFI confirms that the european Commission was entitled to suspend the review of a merger in case some information provided was incomplete or incorrect, even though the Commission had initially and prima facie accepted the information provided and had only realised at a later stage that it was incomplete or incorrect (Omya)

3129

CFI, 4 February 2009, Omya v Commission, Case T-145/06 By judgment of 4 February 2009, the Court of First Instance of the European Communities (the ’Court’) dismissed the action brought by Omya AG (Omya) against the decision of the European Commission (the ’Commission’) which had suspended the (...)

David Sevy, Frédéric Jenny, Jérôme Philippe, John Kallaugher, Kay Parplies, Laurence Idot, Luc Gyselen Anticompetitive foreclosure and the coherence of competition policy towards vertical restraints

6643

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 (...)

Aude Guyon, Jérôme Philippe Declining market: The French Minister of Economy unconditionally approves an acquistion by which the French Post, that runs an integrated bank, acquires the leader of check processing, taking into account the shrinking of the market, and thanks to additional parameters, like internal organization of the postal group and previous commitments that originated from a former transaction (Doc@Post/Experian Holding France)

2899

Min. Éco, October 30, 2008, Doc@Post / Experian Holding France, aff. C2008-95, BOCCRF n°1bis of January 29, 2009 On 30 October 2008, the Minister authorised the acquisition of Experian Holding France (hereinafter "Experian") by Doc@Post, a subsidiary of La Poste Group. Doc@Post carries out (...)

Jérôme Philippe Change of control : The French Minister of Economy holds that a shift from joint control to sole control in the absence of any change in the shareholding is only due to a change in the control over another joint-venture owned by the same parent companies (Adrexo)

3205

Min. Eco, 11 August 2008, S3G, aff. C2008-40, BOCCRF No. 8 bis of 23 October 2008 By decision of 11 August 2008, the Minister authorised, in the press sector, the acquisition by the company Adrexo, a subsidiary of the Spir Communication group (Spir), from the Société des Gratuits de Guyenne et (...)

Aude Guyon, Jérôme Philippe Standard of proof - Annulment: The ECJ confirms the CFI ruling having annuled the EC merger clearance Sony-BMG and rules on the standard of proofs in merger proceedings (Bertelsman - Sony / Impala)

4307

ECJ, 10 July 2008, Bertelsmann AG and Sony Corporation v Impala and Commission, Case C-413/06 P In a clear departure from the Opinion of Advocate General Julian Kokott delivered on 13 December 2007, the Court of Justice of the European Communities (hereinafter the "Court of Justice" or the (...)

Aude Guyon, Jérôme Philippe Non-execution of conditions imposed by the EC: The ECJ considers that Spain has infringed EC law by not withdrawing the conditions imposed by the national authorities to a foreign acquisition of a national leader (E.ON’s/Endesa)

4301

ECJ, 6 March 2008, Commission v. Kingdom of Spain, Case C-196/07 On 21 February 2006, E.ON AG, a German company active in the energy sector, submitted a public bid for all the shares of Endesa SA, a Spanish company active in the energy sector. This operation, which constituted a concentration (...)

Jérôme Philippe Behavioural undertakings: The European Commission authorises a merger in the pay TV sector subject to behavioural undertakings mitigating the risk of discriminatory practices by the buyer following the acquisition (SFR/Télé 2 France)

3708

EC Commission, 18 July 2007, SFR/Télé 2 France, Case COMP/M. 4504. On July 18, 2007, the European Commission (the Commission) authorized in phase II the acquisition of sole control of the Internet access and fixed telephony activities of Télé 2 France (Télé 2) by the French mobile telephone (...)

Jérôme Philippe Bottlenecks - Vertical cross-market effects: The European Commission approves an horizontal merger in the sector of electronic travel distribution services via global distribution systems due to the development of the negotiation power of operators of such systems (Travelport/Worldspan)

4351

EC Comm, 21 August 2007, Travelport/Worldspan, Case COMP/M.4523 In a decision of 21 August 2007, the Commission cleared in phase II, but without commitments, the acquisition of sole control of Worldspan by Travelport in the sector of electronic travel distribution services via Global (...)

Aude Guyon, Jérôme Philippe Failure of notification: The French Minister of economics has imposed a moderate fine to the SNCF Participations for failure of notification (SNCF Participations/Novatrans)

4751

Min. Eco, decree, 28 January 2008, SNCF Participations / Novatrans, aff. C2007-99, BOCCRF n° 2 bis of 28 February 2008 By order of 28 January 2008, the Minister for the Economy imposed on SNCF Participations (hereinafter ’SNCF P’), a subsidiary of the SNCF group, a fine of EUR 250 000 for having (...)

Jérôme Philippe Tender markets: The French DGCCRF highlights the specificity of tender markets in the analysis of dominance, unilateral and coordinated effects, and vertical integration (Colas/Spie Rail)

4571

Min. Éco, May 14, 2007, Colas/Spie Rail, aff. C2007-22, BOCCRF n° 5 bis of May 31, 2007 In a decision dated May 14, 2007, the Minister authorized, subject to structural and behavioral commitments, the acquisition of Spie Rail by Colas, a subsidiary of the Bouygues Group. Following the (...)

Jérôme Philippe Fines & Sanctions: European and foreign regimes

4629

For several months now, competition authorities, both at the Community and national levels, have undoubtedly intensified their action against anticompetitive practices and more specifically against cartels. As a result, the activity in this field has been sustained and sanctions have become (...)

Jérôme Philippe Unconditional clearance: The Ministry of Economy clears unconditionally a merger of publishing companies in Southern France with regards to the narrow scope of the local markets due to the absence of any overlaps (Le Monde/Hachette Filipacchi)

3989

Min. Éco, October 6, 2006, Société Éditrice du Monde / Hachette Filipacchi Médias, aff. C2006-82, BOCCRF No. 10 bis of December 18, 2006. On October 6, 2006, the French Minister of the Economy authorized the acquisition by Société Éditrice du Monde (SEM) of exclusive control of the companies making up (...)

Aude Guyon, Jérôme Philippe TV Merger - Remedies: The French Minister of Economy clears a major merger in the pay-TV sector subject to 59 behavioural remedies (TPS / CanalSat / VivendiUniversal)

5008

Min. Éco, August 30, 2006, TPS / CanalSat / VivendiUniversal, aff. C2006-02 In a Phase II decision dated August 30, 2006, the Minister authorized, subject to 59 behavioral commitments, the acquisition of exclusive control of TPS and CanalSat by Vivendi Universal (Vivendi). In other words, (...)

Jérôme Philippe Gas and electricity markets: The European Commission confirms the primarily national dimension of the markets for gas and electricity in order to favour transnational concentrations (E.ON/Endesa)

3914

Dimension encore essentiellement nationale des marchés du gaz et de l’électricité : La Commission favorise les opérations transnationales dans l’énergie EC Comm, 25 April 2006, E.ON / Endesa, case COMP/M.4110 The European Commission cleared on 25 April 2006 the proposed acquisition of the Spanish (...)

Jérôme Philippe Absence of unilateral effects: The Minister of Economy holds that behavioural remedies and regulation counterbalance vertical integration between construction group and motorway (Vinci/Autoroute du Sud de la France)

4135

Le ministre autorise l’intégration verticale entre groupe de BTP et société d’autoroute grâce à des engagements comportementaux Min. Éco, March 6, 2006, Société Vinci / Société Autoroute du Sud de la France and its subsidiary ESCOTA, aff. C2006-03 On 6 March 2006, the Minister authorised the Vinci group (...)

Jérôme Philippe Unilateral effects: The Minister of Economy issues its two first decisions after a referral based upon article 4(4) EC Merger Reg. (Entremont/Unicopa - Carrefour/Penny Market)

4137

Renvoi vers les autorités françaises : Deux premières décisions du Ministre statuant après renvoi de la Commission sur le fondement de l’article 4, paragraphe 4 - Autorisation dans le secteur des fromages - Autorisation sous conditions dans le secteur de la distribution alimentaire Min. October 28, (...)

Jérôme Philippe Suspension: The French Council of State disrupts national merger control by an innovative decision to refer a case to the Conseil de la concurrence in an appeal procedure (CCMX/Cegid)

4739

Concentration horizontale: Pouvoir du juge des référés du Conseil d’État de suspendre la décision d’autorisation de concentration prise par le Ministre de l’économie / Pouvoirs d’instruction du Conseil d’État en matière de concentrations CE, Order of 19 May 2005, Société Fiducial Informatique and Société (...)

Jérôme Philippe Vertical integration : The new European Commission renders its first prohibition decision, due to loss of potential competition and vertical integration (EDP/ENI/GDP)

4118

EC Commission, 9 December 2004, EDP / ENI / GDP, case COMP/M.3440 On 9 December 2004, the European Commission prohibited the proposed joint acquisition of the Portuguese gas incumbent Gas de Portugal (GDP) by the Portuguese electricity incumbent Electricidade de Portugal (EDP) and the Italian (...)

Jérôme Philippe Private labels: The French Minister of Economy rules on unilateral effects and competition between suppliers’ brands and distributors’ private labels (Lesieur/Puget)

4790

Effets unilatéraux et concurrence entre marques de fournisseurs et marques de distributeurs Min. Éco, November 18, 2004, Lesieur / Puget, aff. C2004-130 On 18 November 2004, Lesieur’s proposed acquisition of several Puget assets from Unilever Bestfoods France, including in particular the olive (...)

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