Vogel & Vogel (Paris) University Paris II Panthéon‑Assas

Louis Vogel

Vogel & Vogel (Paris), University Paris II Panthéon‑Assas
Professor and Lawyer

Louis Vogel was born in 1954 and graduated from Yale Law School (LL.M, 1982) and Paris II Law School (Doctor of Law, 1985). Mr. Vogel was admitted to the Paris Bar in 1981 and to the New York Bar in 1990. Louis Vogel was the President of the University of Paris Panthéon-Assas (2006-2012). He is a Professor of Law at the University of Paris II. Director of the Institute of Comparative Law of the University of Paris, he lectures in European and Comparative Competition Law. He is also the founder of Vogel & Vogel, a French competition law firm established in 1990.Louis Vogel advises major French and international companies and represents them before French and European competition authorities. Numerous French and European institutions also consult him as an expert in the area of competition law. Louis Vogel has written numerous legal books and articles on competition and distribution law. He regularly holds conferences on competition and distribution law at various institutions.


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University Paris II Panthéon‑Assas
University Paris II Panthéon‑Assas
University Paris II Panthéon‑Assas
University Paris II Panthéon‑Assas
University Paris II Panthéon‑Assas


954 Bulletin

65864 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)


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 (...)

Alexander Italianer, Bruno Lasserre, Louis Vogel, Marc Jaeger Exchange of confidential information in private competition law enforcement (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014)


This collection of articles broaches the sensitive topic regarding exchange of confidential information in private competition law enforcement. Issues deriving from this subject were tackled at the roundtable moderated by the President of the EU General Court, M. Marc Jaeger, on the occasion (...)

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)


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 (...)

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)


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 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)


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)


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)


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)


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)


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)


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)


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 (...)

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)


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)


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)


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 (...)

Guy Gras, Louis Vogel, Michel Debroux, Paolo Cesarini Conference - Reform of vertical distribution - Roundtable III : Legal categories: Selective or exclusive distribution, franchise... Where are the borders? (Paris, 27 May 2010)


This third roundtable of the conference “Reform of vertical distribution”, Paris, 27 May 2010, is dedicated to the legal categories of the various forms of distribution. The first paper goes back over the legalistic and form-based approach that had characterised the Commission’s competition policy (...)

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)


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 (...)

Joseph Vogel, Louis Vogel Damage to the economy: The Commercial Chamber of the Court of Cassation ruled that damage to the economy cannot be presumed to result solely from the existence of a cartel (Bouygues Télécoms)


The Commercial Chamber of the Court of Cassation rules for the second time in the mobile telephony case. A first appeal judgment (Paris, 12 Dec. 2006, confirming Cons. conc., 30 Nov. 2005) had been annulled for having condemned an exchange of information per se, rather than examining whether (...)

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)


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)


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)


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 Ménéménis, Arnaud Nuyts, Catherine Kessedjian, Catherine Prieto, Christophe Lapp, Claire Favre, Denis Mazeaud, Emmanuelle Claudel, Frédéric Jenny, Hélène Gaudemet-Tallon, Jean-Louis Fourgoux, Jean-Marc Kiviatkowski, Joelle Simon, Laurence Idot, Louis Vogel, Marie-Laure Niboyet, Michael Wilderspin, Rainer Becker, Soraya Amrani-Mekki, Yves Gaudemet Conference: The EC White Book on competition private enforcement (Paris, 13 06 2008)


Whereas in the enforcement system of Articles 81 and 82 EC resulting from Regulation No 17/62, it was usual to distinguish between the application of these texts, on the one hand, by the Commission and, on the other hand, by the national authorities and courts, which led to a preference for a (...)

Louis Vogel From competition law to competition of laws


The various competition policies tend imperceptibly to approximate their rules, and even jurisprudential theories are gradually conforming to one another, in most cases through imitation of the American model. The author deals with the question of where French body of laws stands in the legal (...)

Bruno Lasserre, Francis Amand, Frank D. Reh, Guillaume Cerutti, Hans-Jürgen Ruppelt, Joachim Bornkamm, Louis Vogel, Philippe Nasse, Ulf Böge SMEs and prohibited practices under the dominance threshold (2nd German-French Competition Day, Bonn, 22 September 2006)


Introduction: In the opening speech at the second French German day of competition, Dr. Ulf Böge, president of the Bundeskartellamt (or German competition authority) insisted on the state of exchanges and on the cooperation between the two French competition authorities. Mr. Bruno Lasserre, (...)


Price 45€00 A quoi sert la concurrence ?

See the "avant-propos" of Laurence Idot, Frédéric Jenny et Nicolas Charbit the Foreword of Martine Béhar-Touchais The full list of contributors and the Table of Contents 100 contributions for the (...)

Date 30 September 2014
Author(s): Martine Behar-Touchais, Nicolas Charbit, Rafael Amaro
Price 45€00
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