Joseph Vogel

Vogel & Vogel (Paris)
Lawyer (Partner)

Joseph Vogel created Vogel & Vogel with his brother in 1990. Senior partner at one of France’s foremost competition law firms. Joseph Vogel has been a specialist in competition law for the past 30 years, 25 of which as a partner at the firm. Main areas of expertise are French and EU competition law, distribution law. Advises undertakings in the field of competition law at European and French level. Handles actions based on article 81 or 82 of the treaty, merger notifications to the Meger Task Force, competition cases before the Commission the Court of First Instance and the Court of Justice of the European Communities and advises on all issues linked to the validity and performance of exclusive distribution agreements, franchise or agency contracts including where necessary subsequent litigation. Mr. Vogel is also a recognized specialist in motor vehicle distribution and competition law, providing counsel and dealing with litigation in the areas of exclusive/selective distribution, franchise, and agency agreements.

Linked authors

Vogel & Vogel (Paris)
University Paris II Panthéon‑Assas
Université Versailles Saint-Quentin-en-Yvelines
Université Toulouse 1 Capitole
CLCV
Bredin Prat (Paris)
DG COMP (Brussels)
Orange Business Services (Paris)

Articles

62162 Bulletin

Joseph Vogel The EU General Court partially annuls the Commission’s decision on a cartel in the marine hoses market clarifying issues on continuous infringements, proof of agreement and attribution of liability for anticompetitive conduct (Marine Hose Cartel)

461

On 28 January 2009, the European Commission handed down fines of EUR 131 million to manufacturers of marine hoses for price fixing, market sharing and exchanges of sensitive commercial information between 1986 and 2007. Several of the undertakings in question lodged appeals to the General Court (...)

Joseph Vogel The Paris Court of Appeal rules that dermo-cosmetic products do not have objective properties justifying the prohibition of their sale on the Internet (Pierre Fabre)

979

In answer to the question of whether a general and absolute ban on selling cosmetics and personal care products online constitutes a hardcore restriction of competition by object, the European Court of Justice said that yes it did, if "having regard to the properties of the products at issue, (...)

Joseph Vogel The French Competition Authority fines national incumbent railway for abusing its dominant position in the context of the opening up to competition of the rail transport sector (SNCF)

265

Further to an ex-officio investigation in 2008 and a complaint filed by Euro Cargo Rail in 2009, the French Competition Authority has found the SNCF guilty of several instances of abuse of dominant position in the context of the opening up to competition of the rail transport sector. After (...)

Joseph Vogel The Paris Court of Appeal possibly puts an end to a judicial soap opera concerning investigations within press undertakings by upholding the legality of antitrust investigations on French sport newspaper (Amaury Group)

125

Referred to by the publisher of a new daily sports newspaper of practices that a competing press group implemented for driving it from the market, the Competition Authority (AdlC) conducted an investigation. At the request of its general case-handler (rapporteure générale), the Juge des libertés (...)

Joseph Vogel The EU Court of Justice validates exclusive rights for broadcasting of sports events provided they do not grant absolute territorial exclusivity (Football Association Premier League)

751

The Football Association Premier League (FAPL), holder of the television broadcasting rights for the Premier League, the leading professional football league competition for football clubs in England, grants exclusive licences in respect of those broadcasting rights to one TV channel per (...)

Joseph Vogel The French Supreme Court rules that a consumer organisation may not use the Internet to solicit victims of anticompetitive practices with a view to finding claimants for damages actions (UFC Que Choisir)

415

UFC Que Choisir had complained of practices between three telephone operators that, in its view, were anticompetitive. Before the ruling against the operators, UFC Que Choisir had set up on its website a mechanism by which those with a grievance could develop their case in an online file. The (...)

Joseph Vogel The French Civil Supreme Court rules that non-contestation of the objections by certain parties limits others’ defence to non-participation in the infringement (Manpower / Adecco / Adia / Randstad)

608

The Paris Court of Appeal had ruled against the world’s leading temporary employment agencies for a price cartel concerning their major clients. The Court of Cassation has delivered a most informative decision of rejection in respect of all the appeals – essentially procedural - against the (...)

Joseph Vogel The French Civil Supreme Court refers a question to the EU Court of Justice for a preliminary ruling on the required criteria for quantitative selective distribution (Auto 24 / Jaguar Land Rover France)

1093

The question of the criteria required for quantitative selective distribution continues to create intense debate in the case law in France. There are two opposing schools of opinion on the question both from legal commentators and in the case law: The first school argues that the European (...)

Joseph Vogel The European Court of Human Rights rules against the French search and seizure procedure prior to the 2008 reform, including the transitional system (Canal +, Primagaz)

752

In two important judgments, the European Court of Human Rights has partially invalidated the search and seizures procedure implemented under Article L. 450-4 of the French Commercial Code. In both cases the companies Canal Plus (Groupe Canal Plus and Sport Plus) and Primagaz challenged the (...)

Joseph Vogel The EU General Court confirms the €38 million fine imposed for breaking a seal affixed to an office of a company by the Commission during an inspection (E.ON Energie)

1075

On 15 December 2010, the General Court of the European Union (EGC) handed down a tough but very thoroughly argued decision on the infringement of breaking of an official seal. The European Commission had ordered an inspection of the premises of the company E.ON Energie AG in the context of an (...)

Joseph Vogel The French Court of Cassation quashes a ruling of the Paris Court of Appeal that had annulled a Competition Authority decision for excessive duration of the investigation procedure (Luxury perfumes)

988

A new development has arisen in the luxury perfumes case. The Paris Court of Appeal, ruling on a referral back to it from the Court of Cassation, had exceptionally annulled a Competition Council (now Competition Authority) decision for excessive duration of the investigation procedure . This (...)

Joseph Vogel The French Competition Authority rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing for generic products whereas such differences have no therapeutic value (Sanofi-Aventis)

938

Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

Joseph Vogel The Paris Court of Appeal, while confirming the NCA decision on maritime servicing of Corsica, raises more expectations on clear criteria for delineating jurisdiction between the NCA and the administrative courts and for assessing the necessity of an effect on the market (SNCM)

1576

The maritime servicing of Corsica case provided the Paris Court of Appeal with an opportunity to rule on jurisdiction between the Competition Authority and the administrative courts and on the definition of a dominant position and the necessity of an effect on the market to characterise an (...)

Joseph Vogel The French Competition Authority rules that an over-general exclusivity clause to the benefit of an undertaking in a dominant position prevents access to the market for other potential operators (Titres Cadeaux / Kadéos)

2147

The company Titres Cadeaux complained that the company Kadéos was foreclosing the markets for the distribution and redeeming of multi-store gift cards by systematically including exclusivity clauses in its contracts with traders. It therefore filed a complaint with the Competition Authority for (...)

Joseph Vogel The President of a French Commercial Court rules on the competence of the local court hearing applications for interim relief on matters involving competition law (Siac, Renault)

1053

The interim order handed down by the President of the Albi Commercial Court on 28 October 2009 is of interest insofar as it has, for the first time in France, ruled on the issue of the competence of the local court hearing applications for interim relief to rule on matters involving competition (...)

Joseph Vogel A French Court renders a new decision relative to the selection of distributors of new vehicles in a qualitative and quantitative selective distribution system (Sodac / BMW France)

3998

Legal disputes often arise relative to the selection of distributors of new vehicles in distribution systems that are both qualitative and quantitative in the various Member States of the EU. An analysis of the decisions rendered reflects the significant difficulties, after entry into force of (...)

Joseph Vogel The Paris Court of Appeal holds that the ban on resale outside the network may apply to registered cars and discrimination is no longer prohibited per se (General Motors France / Bigorre Services Automobiles / Navarre Services Automobiles)

1613

On 27 May 2009, the Paris Court of Appeal rendered a judgment that is of great interest with regard to two competition law issues. In respect of sales outside the network by distributors :- under Block Exemption Regulation n° 1400/2002 on the application of Article 81(3) of the Treaty to (...)

Joseph Vogel The French Supreme Court rules that parties to a commitments procedure must have access to all documents on which the case-handler has relied and to all documents submitted to the Competition Council (Canal 9/Les Indépendants)

1967

The highest commercial court in France has for the first time addressed the question of procedural safeguards for undertakings concerned during the commitments procedure laid down in article L. 464-2, I of the Commercial Code. The aim of the procedure is “to ensure that the undertaking ceases or (...)

Joseph Vogel The French Supreme Court holds that the public policy nature of art. L. 442-6 of the French Commercial Code does not affect the application of a jurisdiction clause (Monster Cable Products v. Audio Marketing Service and Auramo France v. Seith France)

1815

Assessment of the consequences on jurisdiction of the unchallenged public policy qualification for provisions relating to restrictive practices can be derived from two decisions, rendered by different chambers of the Cour de cassation. In the first case, a French distributor brought an action (...)

Joseph Vogel The Paris Court of Appeal holds lawful reduced 12-month notice period for dealership terminations for substantial network reorganization considered necessary by supplier in order to benefit from exemption under Reg. 1400/2002, provided it can be justified by objective circumstances (DAF Trucks)

2214

Terminations on the basis of network reorganizations taking place at the time of entry into force of motor vehicle Block Exemption Regulation n° 1400/2002 have given rise to a number of decisions by the ECJ and in the courts of various Member States, and particularly in France. The latest (...)

Joseph Vogel The Paris Commercial Court finds a leading brokerage platform for remote electronic bidding liable for the infringement of selective distribution networks and unlawful acts committed against perfumers on its sites (eBay)

4273

Four perfumers sue eBay, the world’s foremost brokerage platform for remote electronic bidding, for having permitted, in violation of their rights, the sale of products marketed through unauthorized channels and counterfeit sales on its sites. eBay disputed the competence of the French courts (...)

Joseph Vogel A French Court rules that a commercial Court has no jurisdiction to withdraw the benefit of the exemption provided by a block exemption regulation (Turbo Europe/Peugeot-Renault-Citroën)

4229

The company Turbo Europe, better known under the name Automobil- Eclerc, has been in dispute with the French automobile manufacturers for a number of years. After attempting to place orders for new vehicles from Peugeot, Citroën and Renault and being turned down on the grounds of not belonging (...)

47912 Review

Joseph Vogel, Louis Vogel The Paris Court of Appeal confirms that the Competition Authority can sue anti-competitive agreements even under the threshold of the de minimis rule (SNCF/ Expedia)

181

The SNCF, which has a monopoly on the French rail transport market, had concluded a partnership agreement with a travel agency that exclusively redirected its customers to their new joint online travel agency: the voyage-sncf.com website. The Paris Court of Appeal confirms the vertical cartel (...)

Joseph Vogel, Louis Vogel The Court of Justice of the European Communities rejects the Commission’s appeal against the annulment of the rejection of exemption’s application (GlaxoSmithKline)

280

The general terms and conditions of sale applied by a drug manufacturer to its wholesalers implied, because of a differential pricing system, more onerous conditions when the products were intended for export. Since the agreement had the object of restricting parallel trade, the cartel (...)

Joseph Vogel, Louis Vogel The EU Court of First Instance confirms the sanction inflicted to an automaker for having adopted restrictions on parallel exports through its Dutch dealers (Peugeot)

170

On 5 October 2005, the Commission imposed a fine of €49.5 million on a car manufacturer for adopting a series of measures to restrict parallel exports of its branded vehicles by its Dutch dealers. Between January 1997 and September 2003, this supplier allegedly implemented a bonus system (...)

David Spector, Etienne Pfister, Joseph Vogel Distribution networks and competition law

2359

Paradoxically, competition law today is frequently used more as a weapon of defence than to challenge networks, and notably against certain rules of national law. When relied on as a means of challenging networks, competition law is mainly used either to circumvent the networks, or to gain (...)

Joseph Vogel, Louis Vogel The Paris Commercial Court condemns a telecom operator to pay € 10 millions to a cable company for the loss of profit resulting of defamation practices (Telecom / Numéricâble)

215

Numéricâble, a cable operator, obtained compensation before the Commercial Court of Paris for the damage suffered as a result of practices by France Telecom, or its subsidiary Wanadoo, that constitute disparagement (Cons. conc., Oct. 15, 2007) and predatory pricing (Comm. EC, July 16, 2003, (...)

Joseph Vogel, Louis Vogel The French Supreme Court states that the supplier in a system of exclusive distribution is free to choose its distributors (Salento Cars / General Motors France)

169

After terminating the contracts of all the members of its network, a manufacturer grants one of its former partners the distribution of certain ranges of vehicles of its brand, excluding commercial vehicles (LCVs). The dealer holds the supplier liable for the loss of distribution of the LCVs, (...)

Joseph Vogel, Louis Vogel The French Supreme Court states that the effect on trade between Member States of a local agreement is assessed primarily in terms of sales volume in national level (Total Réunion, Total Outre-Mer, Shell, Air France, Chevron, Esso Saf)

197

The Paris Court of Appeal (Nov. 24, 2009, LawLex200900003448JBJ) had condemned, on the basis of Article 101 TFEU, several oil companies for their participation in a cartel during the call for tenders organised by Air France for the supply of fuel for its stopover in Reunion Island. The Court (...)

Joseph Vogel, Louis Vogel The Court of Justice of the European Union confirms the fine of 500 000 euros imposed on a video game producer for its participation in a cartel on the market of game consoles and game cartridges (Activision Blizzard Germany)

183

Following a complaint, the Commission carried out an investigation in the video games sector, which revealed that between 1991 and 1997 a major Japanese producer and its distributors agreed to obstruct parallel trade and thus maintain artificially high prices in several Member States. As a (...)

Joseph Vogel, Louis Vogel The French Competition Authority punishes three container handlers for prices’ collusion on their services (Secteur de la manutention portuaire à La Réunion)

179

The Competition Authority (AdlC) has taken up ex officio cases of practices implemented by companies operating in the port handling sector in Réunion. At the end of its investigations, it found that, after the entry into force of the Order of 1 December 1986 which liberalised the prices (...)

Joseph Vogel, Louis Vogel The Paris Court of Appeal interprets extensively the concept of the judicial review within a reasonable time (Secteur du béton prêt à l’emploi dans la région Provence-Alpes-Côte-d’Azur)

2905

On December 21, 2010, the European Court of Human Rights had condemned the transitional arrangements for the judicial review of visits and seizures in the Canal Plus and Primagaz cases (CDC 01/2011). As early as 13 January, the Paris Court of Appeal ordered the reopening of the proceedings in (...)

Joseph Vogel, Louis Vogel The French Supreme Court reaffirms that a civil court can not take into account the recordings of telephone conversations made without the knowledge of the author to take its decision (France Company Philips, Sony France Company)

196

The French Competition Authority (AdlC) has self-examined the obstacles to competition in the food-dominated retail sector posed by affiliation and franchise agreements and commercial property management arrangements. The AdlC underlines the excessive concentration of the sector: six groups (...)

Anne Perrot, Jeanne Lubek, Joseph Vogel The restrictions on Internet distribution

2979

This set of three papers is derived from the training session on the restrictions on Internet distribution organised by Concurrences Review that has held on 16th November 2010 in Paris. For Ms Lubek the current trade-off between the pro-competitive effects of Internet distribution and the (...)

Joseph Vogel, Louis Vogel Abuse - Fine: The Court of Justice of the European Union confirms the condemnation of the German telecom incumbent for abuse of dominant position and the fine of 12.6 millions euros (Deutsche Telekom)

190

In 2003, the Commission found that Deutsche Telekom (DT) had abused its dominant position on the fixed telephony market by charging its competitors wholesale charges for local loop access which were higher than the retail prices it charged its subscribers, thereby preventing its competitors (...)

Joseph Vogel, Louis Vogel The French Competition Authority condemns eleven banks for agreements on the amount of interchange fees received in respect of payments by check (Agreement in banking sector)

173

The Competition Authority has just condemned eleven banks for agreeing for five years on the fixed amount of interbank commissions charged for payments by cheque on the national territory. The consultation took place during meetings of the Inter-Network Commission, which was preparing the (...)

Joseph Vogel, Louis Vogel The Court of the European Union confirms the Commission decision condemning an abuse of a dominant position on the market for automatic recovery of beverages packaging (Tomra)

193

By a decision of 29 March 2006, the Commission condemned the abuse of a dominant position by the Tomra group, which had implemented an exclusionary strategy on the German, Dutch, Austrian, Swedish and Norwegian markets for automatic beverage packaging reclaimers by concluding agreements with (...)

Fabien Curto Millet, Joseph Vogel Complex pricing strategies

3151

This two short papers summarize the main points of the training course Law & Economics held on April 14th 2010 on “Complex pricing strategies” by Concurrences. In the first paper, the author underlines that complex pricing strategies deployed by dominant undertakings have often been targeted (...)

Joseph Vogel, Louis Vogel The Court of the European Union confirms the condemnation of a pharmaceutical company for abuse of dominant position but reduces the fine imposed (AstraZeneca)

274

On 1 July 2010, the General Court of the European Union upheld the conviction of the AstraZeneca group for abuse of a dominant position. In 2005, the Commission had found two abusive practices: the group’s misleading statements to various national patent offices had allowed it to unduly extend (...)

Andrei Gurin, Catherine Brel, Jacqueline Riffault-Silk, Joseph Vogel, Laurence Idot, Marie Malaurie-Vignal, Muriel Chagny, Nicolas Guérin, Reine-Claude Mader Saussaye, Robert Saint-Esteben, Thibaud Vergé, Wilfried Guerrand Conference: Distribution on Internet and Antitrust (AFEC, Paris, 5 October 2009)

5487

Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences 1. Mr President of the Commercial Court, Ladies and Gentlemen. Today is a first, and I am pleased about it. It is indeed the first time that an AFEC (...)

Joseph Vogel, Louis Vogel The French competition authority specifies the conditions in which a merger can harm competition in the local markets (Caisse d’Epargne et Banque Populaire)

116

The merger between Banque Fédérale des Banques Populaires (BFBP) and Caisse Nationale des Caisses d’Epargne (CNCE), which had been in the making since the creation of their joint subsidiary Natixis at the end of 2006 and which was precipitated by the financial crisis, has just given rise to the (...)

Joseph Vogel, Louis Vogel Relevant market: The Paris Court of Appeal states that the definition of the relevant market must be specific when the competitor in position of abuse of dominant position is a service of general economic interest (Vedettes Vendéennes)

220

The Pôle 5 Chambre 7 of the Paris Court of Appeal has just handed down a decision, following a referral from the Court of Cassation, which is surprising in terms of both its operative provisions and its reasoning. It will be remembered that the Competition Council (Cons. conc, 23 Dec. 2004), (...)

Joseph Vogel, Louis Vogel Causality - Presumption: The EU Court of Justice states that the causality’s presumption between the concerted practice and the market conduct must be applied by the national court (T‑Mobile Netherlands)

151

Five mobile phone operators participate in a single meeting concerning a reduction in the remuneration of subscription resellers, during which they exchange confidential information. The anti-competitive purpose of the meeting is clear: resellers’ remuneration determines the price paid by the (...)

Alain Ronzano, Jean-Bernard Blaise, Joseph Vogel Distribution exclusivity: Short reaction on the comment related to the suspension of Orange’s exclusivity on Apple’s iPhone (Orange / iPhone)

152

Short reaction on the comment related to the suspension of Orange’s exclusivity on Iphone Apple. Having had to deal with this case as Bouygues’ counsel Telecom, we would like in a few sentences to recall the evidence that appear to have guided the Court in its review of the Council’s decision. (...)

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