Nicolas Petit

Liège University, Liege Competition and Innovation Institute

Nicolas Petit is a full professor of law at the University of Liege (Belgium), research professor at the University of South Australia (UniSA) and Visiting Fellow at Stanford University Hoover Institution. In 2017 he received the Global Competition Review (GCR) award for academic excellence. In 2013 he was awarded the prize for the best law book at the French Supreme Court. Petit belongs to the top fifty law authors on the research repository His papers are regularly cited in court. Petit’s current research focuses on three areas: antitrust and digital economy firms, patent protection as an engine of innovation, and law creation in a context of technological evolution. His recent written work deals with the limits of antitrust economics in relation to technology giants and the legal frictions created by the introduction of artificial intelligence in society. Petit has been a research fellow at Harvard Law School. He received an MA in Law from the Pantheon-Assas University in Paris (II) and an LL.M from the College of Europe in Bruges. He completed his PhD at the University of Liege. He practiced law with a leading US law firm in Brussels and also served as a clerk at the Commercial Chamber of the French Supreme Court.


Linked authors

Kindred Group (London)
Liège University
Belgian Competition Authority (Brussels)
Altius (Brussels)
Liaison Agency Flanders-Europe (vleva)
DG COMP (Brussels)
White & Case (Brussels)


Nicolas Petit (Université de Liège)
Nicolas Petit 14 June 2019 Paris


38988 Bulletin

Nicolas Petit The EU Court of Justice reaffirms the distinction between the anticompetitive effect-object of an agreement caught under the prohibition in Article 101(1) TFEU without setting out clearer terms of demarcation between the two disjunctive conditions (Allianz)


Flatline* I recently had the opportunity to sift through the recent case-law of the Court. The CJEU ruling in Allianz Hungary, C-32/11 stands out. Our Lords again blurred the object/effect distinction. The Court held that “object” restrictions can be established by proof of anticompetitive (...)

Nicolas Petit The EU Commission finds in a case concerning e-books that, given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect interstate trade (E-Books)


Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

Nicolas Petit The EU Commission makes legally binding commitments by a national numbering agency to abolish fees for use of US international securities identification numbers (Standard & Poor’s)


The Rick Perry Syndrome* “Oops“, the Commission did it again… On November 15, 2011, in the S&P case, the Commission again closed abuse of dominance proceedings with an Article 9 decision. As already explained, Article 9 decisions have become the conventional procedure in Article 102 TFEU (...)

Nicolas Petit The EU Court of Justice adopts a preliminary ruling in a telecom case depriving Competition Authorities of the power to take negative decisions while enforcing competition rules under EU Reg. 1/2003 (Tele2 Polska)


The Perverse Effects of the Court’s Ruling in Tele2 Polska* In its recent Tele2 Polska ruling, the Court deprived the National Competition Authorities "NCAs" of the ability to take "negative decisions" (C-375/09, Prezes Urzędu Ochrony Konkurencji i Konsumentów contre Tele2 Polska sp. z o.o., 3 (...)

Nicolas Petit The EU Commission is called on to assess whether a company in the online search market has abused of its dominant position under Art. 102 TFEU (Microsoft, Google)


Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational material (...)

Nicolas Petit The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)


Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

Alexandre Defossez, Nicolas Petit The Belgian Competition Council assesses the validity of opening days/hours and advertising provisions for pharmacy outlets as set by the pharmacists professional associations (Belgian Pharmacists Associations)


1. Parties The present case arose from three complaints lodged in 1998 by several retail pharmacy outlets before the Belgian Competition Council (“the Council”). The complaints were directed against the Belgian Pharmacists Association as well as various local pharmacists association (...)

Nicolas Petit The EU General Court rejects the application for annulment dismissing the argument that the reluctance of retailers to sell products of other ice-cream manufacturers could not be attributed to the exclusivity clause (Van den Bergh Foods/Commission)


Twilight of the Idols* The Van den Bergh Foods case, aka the Ice Cream case, if often cited as one of the best Article 101 TFEU judgments ever handed down by the General Court. Many praise its modern, unformalistic approach of vertical ties. They like its focus on the economic magnitude of (...)

38258 Review

Allen Grunes, Lauren Leblond, Laurence Idot, Maurice Stucke, Nicolas Petit, Thomas Cheng Kin-Hon Search engines (Competition law enforcement in the digital sector - Nanterre, 17 November 2016)


Case 1 was dedicated to the practices of search engines in the scope of Chinese, American and European laws. An economist has also shared his point of view on the matter. 1. Rant est un moteur de recherche particulièrement efficace, présent dans tous les pays du monde. Sur le marché de la (...)

Nicolas Petit Chinese State capitalism and Western antitrust policy


Enthused by China’s conversion to the free market system in 1978 and its adoption of Western-style market institutions, the world has spent the last few decades turning a blind eye to China’s real “governance” problem: that a shadow Party-State system permeates all branches of the economy. Whatever (...)

Nicolas Petit About conflicts of interests in EU competition proceedings


The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less, if none attention has been paid to the rules and remedies that govern conflicts of (...)

Alexander Gee, Bruno Lasserre, Charlotte Lousberg, Ian Forrester, Nadia Calvino, Nicolas Petit, Peter Freeman Sector inquiries: Complements or substitutes for antitrust enforcement? (New Frontiers of Antitrust Conference, 15th February 2010)


Sector inquiries: Complements or substitutes for antitrust enforcement? General introduction Frédéric JENNY President, OECD Competition Committee President of the International board of the Review Concurrences Professor, Co-Director of the Centre Européen de Droit et d’Economie, ESSEC, Paris (...)

Nicolas Petit How much discretion do, and should, competition authorities enjoy in the course of their enforcement activities? A multi-jurisdictional assessment


La présente étude s’intéresse à la question de l’étendue du pouvoir discrétionnaire détenu par les autorités de concurrence (« AC »), et tente de déterminer si ce pouvoir devrait, ou non, être sujet à limitations. A cette fin, elle passe en revue quatre domaines dans lesquels les AC sont susceptibles (...)

Nicolas Petit EC settlement procedure: A chart


The new settlement procedure introduced by the Commission in July 2008 brings about significant changes in conventional antitrust procedure. To cast light on theses changes and their practical implications, the present article and table provide a snapshot of the settlement procedure. 1. Le (...)

Nicolas Petit Non-competition concerns under the ECMR - An overview


The attached table (see pdf) lists the EC merger cases where non-competition concerns were raised (industrial policy, social concerns, personal data protection etc.). A short article summarizes the issues raised by non-competition concerns in the ECMR. This short article is published with a (...)


Price 45€00 A quoi sert la concurrence ?

Voir l’avant-propos de Laurence Idot, Frédéric Jenny et Nicolas Charbit, la préface de Martine Béhar-Touchais, la liste complète des contributeurs ainsi que la table des matières. Valérie Benabou:100 (...)

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