Michaël Cousin

Ashurst (Paris)
Lawyer (Partner)

Michaël Cousin is a Partner at Ashurst (Paris). He specialises in all aspects of French and EU competition law as well as in sectoral regulation. He has been involved in a number of complex mergers and high-profile antitrust cases before French and EU authorities and courts. His practice also covers follow-on damage actions and State aids. Michaël has an extensive experience assisting international clients in a number of sectors including energy, financial services, consumer goods, distribution and railways transport. He graduated from the universities of Warwick (UK) and Sarrebruecken (Ger.) and obtained a postgratuate degree in EC law from Paris II - Panthéon Assas where he now gives lectures. Michaël is General-Rapporteur of the French Competition Law Society (Association française d’Etude de la Concurrence).

Linked authors

JPTT-Vitale (Paris)
University of Paris I Panthéon-Sorbonne
French State Council (Paris)
Ashurst (London)
Ashurst (London)
Paris School of Economics
Ecole Nationale Superieure des Mines de Paris
DG COMP (Brussels)

Articles

784 Bulletin

Christophe Lemaire, Michaël Cousin The Paris Court of Appeal annuls dawn raids conducted by the Competition Authority to find evidence of an alleged price-fixing cartel in the domestic appliance sector (Whirlpool)

99

On 8 July 2020, the Paris Court of appeal ("the Court") annulled dawn raids conducted by the French Competition Authority ("the FCA") at Whirlpool’s premises in 2014. On 27 and 28 May 2014, the FCA raided Whirlpool’s premises to find evidence of an alleged price-fixing cartel in the domestic (...)

Alexi Dimitriou, Nigel Parr, Donald Slater, Michaël Cousin The EU Commission publishes a temporary framework communication to provide antitrust guidance to companies cooperating in response to urgent situations related to COVID-19 pandemic

67

On 8 April 2020, the European Commission ("Commission") published a Temporary Framework Communication ("Communication") to provide antitrust guidance to companies cooperating in response to urgent situations related to the Covid-19 outbreak. The Commission also announced that it issued a (...)

Michaël Cousin, Christophe Lemaire The French Competition Authority issues a fine totalling €1.1 billion on a big tech company for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)

116

On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

Christophe Lemaire, Michaël Cousin The Paris Court of Appeal confirms the French Competition’s Authority decision to fine several producers and wholesalers active in the sale of liquid fertilizers for domestic cultivation for imposing vertical restraints (Canna France)

15

On 16 January 2020, the Paris Court of Appeal confirmed the 2018 decision of the French Competition Authority ("FCA") to fine several producers and wholesalers active in the sale of liquid fertilizers for domestic cultivation for having imposed vertical restraints. WHAT YOU NEED TO KNOW - KEY (...)

Michaël Cousin The French State Council dismisses an appeal brought by a retailer specialising in cultural and electronic products and upholds a €20 million fine for breach of merger commitments (Fnac / Darty)

17

In a decision of 7 November 2019, the French State Council ("Conseil d’Etat") dismissed the appeal brought by Fnac Darty, a retailer specialising in cultural and electronic products, against a fine imposed by the French Competition Authority (the "FCA") for failure to comply with its obligation (...)

Christophe Lemaire, Michaël Cousin The French Competition Authority fines a group of road transport companies for organising customer allocation practices among its members (Astre)

14

On 28 October 2019, the French Competition Authority ("FCA") fined a group of road transport companies for having organised customer allocation practices among its members. Astre did not challenge the FCA’s objections and applied for settlement. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS On 27 (...)

Michaël Cousin The Paris Court of Appeal confirms the decision of the French Competition Authority’s sanctioning a leader in garden machinery who imposed clauses restricting online sales to its distribution network (Stihl)

26

The Court of appeal of Paris has confirmed the decision of the French Competition Authority ("FCA") sanctioning Stihl, a manufacturer of mechanical garden equipment, for prohibiting, between 2006 and 2017, the sale of certain dangerous products on its distributors’ websites. The Court of appeal, (...)

Christophe Lemaire, Michaël Cousin The French Competition Authority sanctions €176,000 a consumer goods corporation and its wholesaler for implementing exclusive import agreements in overseas territories (Procter & Gamble / Coty / Chanel)

17

On 8 October 2019, the French Competition Authority ("FCA") sanctioned Procter & Gamble ("P&G"), Coty and Chanel, as well as their wholesalers, €176,000 for having implemented exclusive import agreements in overseas territories. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Since March 2013, (...)

Michaël Cousin, Alexi Dimitriou The EU Commission fines €31.65 million two manufacturers of processed vegetables for participating in a canned vegetables cartel and grants full immunity to a third participant for blowing the whistle (Coroos / Groupe CECAB)

14

On 27 September 2019, the European Commission ("Commission") fined Coroos and Groupe CECAB €31.65 million for participating in a canned vegetables cartel for over 13 years, with a third participant, Bonduelle, receiving full immunity for blowing the whistle. WHAT YOU NEED TO KNOW - KEY (...)

36064 Review

Jean-Marie Garinot, Mary-Claude Mitchell, Michaël Cousin, Pauline Debre, Simon Corbineau-Picci Currentness of intellectual property rights and competition law (Paris, June 26th, 2015)

792

The conference that took place in Paris on 26th of June, 2015 provided the opportunity to return to the actuality of intellectual property law and competition law. Simon Corbineau-Picci and Pauline Debré open the debates about the rights and duties of the holder of an essential patent to the (...)

Alain Ronzano, Alexandre Glatz, Anne-Sophie Bodin, Camille Paulhac, Marie Koehler de Montblanc, Mathilde Boudou, Michaël Cousin Comments on the Commission’s consultation related to the White Paper on the modernization of the EU merger law

802

On 9 July 2014, the European Commission published its White Paper - Towards More Effective EU Merger control and invited third parties to submit comments. This White Paper mainly focuses on the control of non-controling minority shareholdgins which the Commission intends to control through a (...)

Jean-Patrice de La Laurencie, Joffrey Sigrist, Michaël Cousin, Michel Ponsard The regulation of commercial practices - A reform of the French law while waiting for the European law? (AFEC, Paris, 20 juin 2013)

580

This article brings together contributions from the second panel of the AFEC’s General Assembly of 20 June 2013 in Paris dedicated to the regulation of commercial practices INTRODUCTION Jean-Patrice DE LAURENCIE Lawyer at the Paris Bar 1. It is an honour for which I thank the organisers, (...)

Catherine Vautrin, Claire Chambolle, Clémence Christin, Etienne Pfister, Marie-Laure Allain, Michaël Cousin, Serge Papin, Thierry Dahan New aspects of grocery retail sector regulation

2710

Both aspects of the grocery retail sector regulation, i.e. the rules on unfair behaviours and those governing the market structures have evolved in different ways since 2005. Further to the Competition Authority’s opinion of 17 December 2010 discussions moved toward the relevance of more (...)

Christophe Lemaire, David Spector, François Lévêque, Michaël Cousin, Philippe de Ladoucette, Simon Genevaz NOME act I : A legislative framework for the opening of the French electricity market

2329

The law establishing a New Organisation for the Electricty Market provides for a temporary regulation which aims at removing the obstacles to the development of competition on the French electricity market. Its purpose is in particular to solve the margin squeeze resulting from the difference (...)

Christophe Lemaire, Michaël Cousin Non-contest procedure – Leniency: The French Competition Authority accepts to apply the non-contest procedure and the leniency programme outside their formal scope of application (Road signs cartel)

1038

Concordance No. 10-D-39 of 22 December 2010 on practices implemented in the vertical road signage industry The present case, which concerns a cartel for the allocation of public procurement contracts in the road sign market and to which were added exclusionary practices, two of which have been (...)

Christophe Lemaire, Michaël Cousin Inspections : The European Court of Human Rights censures the French inspections regime which existed before the ordinance of 13 November 2008 and calls the transitory regime into question (Canal Plus ; Primagaz)

1351

ECHR, 21 December 2010, Canal Plus a.o. v. France, 29408/08 ECHR, 21 December 2010, Primagaz v. France, 29613/08 The Canal Plus and Primagaz judgments of the European Court of Human Rights ("ECHR") are likely to have a significant impact on ongoing litigation that gave rise to nationwide (...)

Christophe Lemaire, Michaël Cousin Failure to comply with commitments: The French Competition Authority fines for the first time failure to comply with commitments in the context of a non contest procedure (Neopost/Satas)

1702

Aut. conc. dec. no. 10-D-21 of 30 June 2010 relating to compliance by Neopost France and Satas with the commitments made in Competition Council decision no. 05-D-49 of 25 July 2005. The Neopost v Satas decision is the first in which the AdlC sanctions non-compliance with commitments made in (...)

Christophe Lemaire, Michaël Cousin Passing-on defence: The Court of Cassation cancels a decision of the Court of Appeal refusing the “passing-on defence” (Ajinomoto Eurolysine/Doux aliments Bretagne e.a.)

2943

Cass. com, 15 June 2010, Ajinomoto Eurolysine v/ Doux aliments Bretagne e.a., n° 09-15816 While the end of the year is marked by the relaunch at Community level of the debates on private action (see not. J. Alumnia, "Common standards for group claims across the EU", Speech 10/554 of 15 Oct. (...)

Catherine Hammon, Christophe Lemaire, Jean-Paul Tran Thiet, Michaël Cousin, Nigel Parr, Pierre-Alain Jeanneney Market Regulators: Towards a better institutional and procedural framework?

6811

The multiplication of "market authorities" - competition authorities and sectoral regulators - and the development of their means of action on the market raise the question of the coherence and the convergence of the institutional and procedural framework in which they operate. After a general (...)

Michaël Cousin Potential competition: Some legal thougts on an economic notion

7618

1. As the current reflections on a more economic approach to Article 82 EC or Stateaid control show, competition authorities are confronted with the constant need to bring the rule of law into line with the rule of economicreasoning. The legal treatment of potential competition, as reflected in (...)

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