Nicolas Petit

Liege Competition and Innovation Institute
Professor

Nicolas Petit is Professor at the Law School of the University of Liege (ULg) Belgium, and Visiting Professor at EDHEC Business School, France. He is the co-director of the (LCII) and the director of the LL.M. programme in EU Competition and Intellectual Property Law. He seats as a part time advisor in the Belgian competition authority. He was formerly an associate with a leading US law firm in Brussels and he also served as a Clerk at the Commercial Chamber of the French Supreme Court. Nicolas Petit is the co-author of EU Competition Law and Economics (Oxford University Press, 2012) and the author of Droit européen de la concurrence (Domat Montchrestien, 2013), a monograph which was awarded the prize for the best law book of the year at the Constitutionnal Court in France. In 2005 he was a member of Harvard Law School’s Visiting Researchers Programme. Nicolas Petit’s ssrn author page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=358753

Linked authors

Unibet (London)
Liège University - IEJE
Belgian Competition Authority (Brussels)
Altius (Brussels)
Liaison agency Flanders-Europe (vleva)
Sidley Austin (Brussels)
European Commission - DG COMP (Brussels)
White & Case (Brussels)

Articles

36449 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)

169

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 that given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect the interstate trade (e-books)

193

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

517

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)

801

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)

865

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)

399

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)

12828

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)

41

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 (...)

35299 Review

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

296

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

240

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

884

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)

3001

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

3197

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

4726

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

2016

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 (...)

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