Linklaters (Paris)

Nicolas Zacharie

Linklaters (Paris)
Lawyer (Counsel)

Nicolas is a counsel in the Competition practice of Linklaters in Paris, specialising in EU and French competition law (merger control, horizontal cooperation, vertical restraints, abuse of dominant position, state aids, litigation before the French Competition Council and the European Commission). Nicolas also has extensive experience in advising clients on transactions involving multijuridictional merger control issues, with a specific focus on China. Particular sectors where Nicolas has expertise include the pharmaceutical industry and the retail sector. Nicolas graduated from the University of Paris I Panthéon-Sorbonne (France), the University of Nottingham (UK) and the London School of Economics (UK). Recent cases in which Nicolas has been involved include advising Sanofi-Aventis on merger control issues arising from a joint venture which would combine its animal health business with that of Merck, as well as on several antitrust matters before the French Competition Authority and the European Commission (including assisting his client during dawn raids and throughout the pharmaceutical sector inquiry). Nicolas also advised PSA Peugeot Citroën on various Article 101 – vertical restraint issues as far as the General Court and regularly advises Intermarché on various French and European competition matters in the fast-moving context of the retail sector.

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Linklaters (Paris)

Articles

28142 Review

Anne Wachsmann, Nicolas Zacharie Collective dominant position: The French Competition Authority sanctions three pharmaceutical companies for denigration practices and for spreading alarmist, even misleading, discourse to public authorities (Novartis, Roche, Genentech)

75

In a decision of September 9, 2020, the French Competition Authority ("the Authority") sanctioned Novartis, Roche and Genentech for abusive practices aimed at safeguarding sales of the drug Lucentis for the treatment of age-related macular degeneration ("AMD") to the detriment of the drug (...)

Anne Wachsmann, Nicolas Zacharie Exclusionary abuse: The French Supreme Court rejects an appeal against a judgment of the Paris Court of Appeal which validated the sanction, by the French Competition Authority, of an undertaking for a late and partial transmission of essential information in order to answer to invitations to tender and for having put in place anticompetitive prices (TDF)

126

In a judgment dated June 10, 2020, the French Supreme Court (Cour de Cassation) dismissed an appeal against the judgment of the Paris Court of Appeal (the "Court of Appeal"), which had itself confirmed, in a judgment dated October 12, 2017, Decision No. 15-D-10 of June 11, 2015 by which the (...)

Anne Wachsmann, Nicolas Zacharie Dominant collective position: The French Competition Authority rejects a complaint from a television broadcasting platform claiming to be a victim of attempted foreclosure (Molotov)

87

In a decision of 30 April 2020, the Competition Authority (the Authority) rejected the substantive referral of the Molotov company (Molotov) and, consequently, the associated request for interim measures filed against the M6 and TF1 groups. Molotov is a platform that broadcasts television (...)

Anne Wachsmann, Nicolas Zacharie Abuse of economic dependance: The French Competition Authority fines an electronic product manufacturer for an abuse of economic dependence towards its distributors (Apple, Tech Data, Ingram)

295

In a decision dated 16 March 2020 (not available at the time of writing; see press release), the Authority fined Apple €1.1 billion for practices concerning the distribution of its products (excluding iPhones) in France. Its wholesalers Tech Data and Ingram Micro were also fined €76.1 million and (...)

Anne Wachsmann, Nicolas Zacharie Pay-for-delay: The Court of Justice of the European Union condemns an originator laboratory for an abuse of its dominant position due to the cumulative effect of reverse-payment settlements concluded with generic drug manufacturers (Generics - UK)

173

In a judgment of 30 January 2020 handed down on a reference for a preliminary ruling by the Competition Appeal Tribunal of the United Kingdom, the Court of Justice of the European [Union Court of Justice] provides interesting clarifications with regard to both the concept of anti-competitive (...)

Anne Wachsmann, Nicolas Zacharie Excessive price: The Paris Court of Appeal squashes a decision of the French Competition Authority fining a company for excessive pricing (Sanicorse, Cesarini)

201

In a judgment dated November 14, 2019, the Paris Court of Appeal (the "Court of Appeal") annulled the decision of the French Competition Authority ("the Authority") rendered on September 20, 2018 which had sanctioned SANICORSE, jointly and severally with its parent company, SAS Groupe Cesarini, (...)

Anne Wachsmann, Nicolas Zacharie Denigration: The Paris Court of Appeal largely upholds the condemnation by the French Competition Authority of a pharmaceutical company for an abuse of its dominant position having delayed and then limited generic entry (Janssen-Cilag, Johnson & Johnson)

475

By a judgment of 11 July 2019, the Paris Court of Appeal largely confirmed the decision of the Competition Authority (’the Authority’) No 17-D-25 of 20 December 2017 which had sanctioned the Janssen-Cilag laboratory, and its parent company Johnson & Johnson, for first delaying and then (...)

Anne Wachsmann, Nicolas Zacharie Limitation: The European Commission fines a beer producer for abusing of its dominant position by seeking to limit parallel imports of beers between Member States (AB InBev)

377

In a decision of 13 May 2019, the European Commission (the "Commission") sanctioned AB InBev to the tune of €200 million for abuse of a dominant position on the Belgian beer market. This decision is interesting in that it concerns conduct intended to hinder parallel imports between Member (...)

Anne Wachsmann, Nicolas Zacharie Rejection of complaint: The French Competition Authority rejects a complaint in the sector for the cross-channel transportation of day-old chicks due to lack of evidence and rejects, as a consequence, the request for interim measures (Gibovendée, L’Envol de Retz / Britanny Ferries, P&O Short Sea Ferries, DFDS Seaways)

603

By a decision of 16 January 2019, the Competition Authority (the ’Authority’) found that there was no need to continue the proceedings initiated following the referral of the companies Gibovendée and L’Envol de Retz (the ’referrals’). The latter contested the fact that three shipping companies, (...)

Anne Wachsmann, Nicolas Zacharie Relevant market: The General Court of the European Union finds that the European Commission made a series of errors in defining a relevant market in the pharmaceutical sector (Servier)

327

In a judgment delivered on 12 December 2018, the Court of First Instance of the European Union (the "Court") sanctioned the European Commission (the "Commission") for having committed a series of errors in its analysis of the definition of the relevant market to which perindopril, an (...)

Anne Wachsmann, Nicolas Zacharie Excessive pricing: The French Competition Authority fines a company for excessive pricing constitutive of an exploitative and an exclusionary abuse (Sanicorse)

313

In a decision issued on 20 September 2018, the French Competition Authority ("the Authority") sanctioned Sanicorse, jointly and severally with its parent company, SAS Groupe Cesarini, for an abuse of a dominant position in the form of excessive prices. Sanicorse is a company active in the (...)

Anne Wachsmann, Nicolas Zacharie Cumulative effect: The French Competition Authority decides not to pursue practices implemented by large computer manufacturers in the sector of computer maintenance (Computer maintenance)

194

By a decision of 27 June 2018, the Competition Authority (the Authority) found that there was no need to continue the proceedings initiated following the referral by the Econocom Group (Econocom) concerning alleged practices by the IT manufacturers IBM, HP and Oracle in the hardware maintenance (...)

Anne Wachsmann, Nicolas Zacharie Exclusionary abuse: The French Supreme Court rejects a claim against a judgment of the Paris Court of Appeal which confirmed, for the most part, a decision of the French Competition Authority which sanctioned an undertaking for delaying the publication of a referential offer in the upstream market for infrastructures of TV signals diffusion in overseas territories where it has a monopoly position (TDF)

301

The Competition Authority had fined TDF for having, in the context of France Télévisions’ invitations to tender for the switchover of television broadcasting to digital format (DTT) in the overseas territories, unreasonably delayed hosting bids and for having failed to include certain decisive (...)

Anne Wachsmann, Nicolas Zacharie Exclusivity clause: The Paris Court of Appeal confirms for the most part a decision of the French Competition Authority fining an undertaking €69 million for abuse of dominant position towards its competitors by practicing, during 9 years, a trade policy aiming at constraining its distributors to supply themselves exclusively from the company (Umicore)

559

In a judgment delivered on 17 May 2018, the Paris Court of Appeal essentially confirmed Decision 16-D-14 on practices in the zinc and zinc products for the building industry (Aut. conc., dec. no. 16-D-14 of 23 June 2016 on practices in the rolled zinc and zinc products for the building (...)

Anne Wachsmann, Nicolas Zacharie Generics: The French Competition Authority fines a pharmaceutical company for an abuse of its dominant position having delayed and then limited generic entry (Fentanyl transdermal patches)

256

By Decision No 17-D-25 of 20 December 2017, the Competition Authority ("the Authority") sanctioned Janssen-Cilag, and its parent company Johnson & Johnson, to the tune of €25 million for first delaying and then limiting the development of generics of its drug, Durogesic. In so doing, the (...)

Anne Wachsmann, Nicolas Zacharie Damages: The Paris Commercial Court grants damages following an abuse of dominant position in the telecom sector in the Caribbean (Digicel Antilles Françaises Guyane / Orange Caraibe)

686

In a judgment dated December 18, 2017, the Paris Commercial Court ordered Orange to pay 179 million euros in damages to Bouygues Telecom Caraïbe, a subsidiary of the Bouygues Telecom Group, which was acquired by the Digicel Group ("Bouygues"). This is the largest damages award in the context of (...)

Anne Wachsmann, Nicolas Zacharie Relevant market: The French Supreme Administrative Court confirms the Paris Court of Appeal judgement which had confirmed a French Competition Authority decision not to send back to instruction the identification of a relevant market insufficiently defined, due to the impossibility today to define it taking account of the evolution in event sales sector (Brandalley)

162

In the sector of online event-driven sales, the Competition Authority ("the Authority") had not hesitated to rely on the shortcomings of the investigation to put an end to proceedings brought by Brandalley, which accused Vente-privée.com of having imposed exclusivity clauses on the major brands (...)

Anne Wachsmann, Nicolas Zacharie Commitments: The French Competition Authority accepts commitments to give third-party maintenance providers access to a certain number of spare parts necessary for their operations, provided they agree to undertake required training (Schneider Electric)

161

By Decision No 17-D-21 of 9 November 2017, the Competition Authority (the ’Authority’) accepts and makes binding commitments offered by Schneider Electric in the sector of maintenance of medium-voltage (’MV’) and low-voltage (’LV’) electrical distribution equipment. MV and LV electrical distribution (...)

Anne Wachsmann, Nicolas Zacharie Repair and maintenance: The General Court of the European Union upholds a decision of the European Commission considering that watch manufacturers’ refusal to supply spare parts did not constitute a violation of Article 101 and 102 TFEU (CEAHR)

129

Following a complaint lodged by the European Confederation of Watchmakers’ Repairers’ Associations ("CEAHR") against six luxury watch manufacturers (Swatch, LVMH, Rolex, Richemont, Patek Philippe and Audemars Piguet), which it accused of an agreement and abuse of a dominant position, the European (...)

Anne Wachsmann, Nicolas Zacharie Absence of dominant position: The French Competition Authority rejects a complaint for abuse of dominant position finding there was no a dominant position given the countervailing power of clients preventing the concerned undertaking to act independently from them (Non judicial auction sales)

110

In this case, the Société du Figaro accused the Drouot group, and in particular its subsidiary Drouot Enchère, of imposing on voluntary sales operators ("VSOs") the exclusive and mandatory use of the Drouot Live platform for the online retransmission of catalogued sales taking place in the rooms (...)

Anne Wachsmann, Nicolas Zacharie Exclusionary strategy: The French Supreme Court rejects a claim against a Paris Court of Appeal ruling confirming a decision of the French Competition Authority fining a newspaper’s owner for exclusionary practice during the launch of a new newspaper which had no economic sense but to hinder entry of new competitor on the daily press market for sport (Amaury)

198

In a decision dated March 1, 2017, the French Supreme Court (Cour de cassation) dismissed the Amaury group’s appeal against the Paris Court of Appeal’s decision, which had upheld the Competition Authority’s decision against the Amaury group for eviction practices against Le Journal du Sport (CA (...)

Anne Wachsmann, Nicolas Zacharie De facto exclusivity: The French Supreme Court rejects a claim against a Paris Court of Appeal ruling confirming a decision of the French Competition Authority rejecting a complaint against an alleged abuse of dominant position related to a de facto exclusivity (Roland Vlaemynck Tisseur)

429

In a judgment of 8 February 2017, the Court of Cassation dismissed the appeal of Roland Vlaemynck Tisseur against the judgment of the Paris Court of Appeal which had upheld the decision of the Competition Authority rejecting a complaint for an alleged abuse of a dominant position relating to an (...)

Anne Wachsmann, Nicolas Zacharie Exclusionary Attempt : The Paris Court of Appeal grants interim measures on the basis of Article 873 of the Civil Procedure Code considering that there was an abuse of dominant position notwithstanding main proceeding before the French Competition Authority (Pétanque Longue)

139

In this case, the company Pétanque Longue, active in the marketing of pétanque equipment and in particular Obut branded boules, contested the implementation by its supplier, the company La Boule Obut, of new pricing conditions for the year 2016. La Boule Obut had sent its resellers, a fortnight (...)

Anne Wachsmann, Nicolas Zacharie Fidelity Rebates : Advocate General Wahl considers that appeal against the imposition of a €1.06 billion fine on a manufacturer of microelectronic devices for abuse of its dominant position should be upheld (Intel)

210

Advocate General Wahl delivered his Opinion on 20 October 2016 in Intel v Commission, whose judgment of the Court of Justice is eagerly awaited, not only because in that case the European Commission had imposed the highest individual fine ever (EUR 1.06 billion) in its decision of 13 May 2009 (...)

Anne Wachsmann, Nicolas Zacharie Relevant market: The Paris Court of Appeal upholds the French Competition Authority decision not to pursue the search for a relevant market definition insufficiently defined during the inquiry, because of the impossibility to define it today due to the evolution of the sector in a case regarding online sales events (Brandalley)

196

In the field of online event-driven sales, the Competition Authority ("the Authority") had not hesitated to rely on the shortcomings of the investigation in order to terminate a procedure (Aut. conc., Dec. No. 14-D-18 of 28 Nov. 2014 on practices in the field of online event-driven sales, comm. (...)

Anne Wachsmann, Nicolas Zacharie Predatory pricing: The Paris Court of Appeal upholds a judgment from the Paris Commercial Court refusing to provide damages for an alleged abuse of dominant position due to lack of proof (Imperial Pub et Gps)

183

Swiss Post has a number of companies, including Mediapost, which specializes in the distribution of advertising leaflets in letterboxes. Two of its competitors, Imperial Pub and Gps had brought actions against La Poste and Mediapost before the Paris Commercial Court seeking compensation for (...)

Anne Wachsmann, Nicolas Zacharie Essential facility: The Paris Court of Appeal confirms a French National Competition Authority’s decision holding itself incompetent in relation to practices falling under public service of national health insurrance’s electronic data entry (Celtipharm)

197

The Competition Authority had been referred to it by the company Celtipharm, which accused the Caisse Nationale d’Assurance Maladie des Travailleurs Salariés (the "CNAMTS") and GIE SESAM-Vitale (the "GIE") of having refused it access to an essential infrastructure, namely real-time access to the (...)

Anne Wachsmann, Nicolas Zacharie Self-referral opinion: The French National Competition Authority issues, on its own initiative, an opinion on the competition context in the hearing aid market

209

Following an investigation by the consumer association UFC-Que Choisir and two reports by the IGAS and the Court of Auditors, the Authority is examining the competitive situation in the hearing aid sector. The French market is in fact characterised by a lower rate of fitting than neighbouring (...)

Anne Wachsmann, Nicolas Zacharie Tenders : The French Competition Authority fines an undertaking for a late and partial transmission of essential information in order to answer to invitations to tender and for having put in place anticompetitive prices (TDF)

270

The French Competition Authority ("the Authority") has once again sanctioned TDF, a company specialising in the broadcasting of audiovisual services and former holder of the monopoly on radio and television broadcasting, in a case involving the eviction of a competitor when renewing concessions (...)

Anne Wachsmann, Nicolas Zacharie Exclusionary abuse : The Paris Court of Appeals confirms the French Competition Authority’s decision fining the owner of a newspaper for exclusionary conduct based on the launch of a new daily newspaper, economically unjustified but aiming at preventing a competitor from entering the market of daily sports information press (Amaury)

217

In a decision dated May 15, 2015, the Paris Court of Appeal upheld in its entirety the decision of the French Competition Authority which had sanctioned the Amaury group for practices of eviction against the company Le Journal du Sport (decision no. 14-D-02 of February 20, 2014 relating to (...)

Anne Wachsmann, Nicolas Zacharie Commitments : The Paris Commercial Court recognises, within the terms of succinct reasoning, the existence of fault of two companies who benefited from the commitments procedure before the French Competition Authority, and thereby concludes that this results in damages for the claimant which must be addressed (DKT/Eco-Emballages and Valorplast)

415

The decision of the Paris Commercial Court (the "Court") of 30 March 2015 is part of the so-called follow-up civil actions, initiated by plaintiffs who consider themselves victims of anti-competitive practices, following decisions adopted by the French Competition Authority (the "Authority"). (...)

Anne Wachsmann, Nicolas Zacharie Discriminating practices : The Paris Court of Appeals confirms the Competition Authority’s sanction of de facto exclusivity clauses in the sector of accounting and tax on-line declaration (ECMA)

257

CA Paris, Feb. 26, 2015, ECMA The Paris Court of Appeal confirmed the decision of the Competition Authority which had sanctioned the Order of Chartered Accountants and the ECMA association, created by the latter to market the accounting and tax declaration portal "jedeclare.com", in the sector (...)

Anne Wachsmann, Nicolas Zacharie Monopole : The French Competition Authority fines an undertaking for having delayed the publication of a reference offer on the upstream market of broadcasting infrastructure for overseas television signals in which it holds a monopolistic position and whose access was necessary for competitors to enter the downstream market of television broadcasting (Broadcasting infrastructure for overseas television signals)

272

Decision No. 15-D-01 of 5 Feb. 2015 on practices in the sector of over-the-air television broadcasting in overseas territories. The French Competition Authority ("the Authority") has shown on numerous occasions that it ensures compliance with competition law in the overseas territories and (...)

Anne Wachsmann, Nicolas Zacharie Public domain : The French Competition Authority dismisses charges in a case regarding ship repair yards for lack of jurisdiction and, for the rest, dismisses the accusation of discrimination and other abuses for lack of proof

541

The Competition Authority ("the Authority") is issuing a new decision on the borderline between public law and competition law, following a referral by Nautech, a company active in ship repair, and more particularly in the repair of large and very large pleasure craft (over 40 metres in (...)

Anne Wachsmann, Nicolas Zacharie Public administrative service : The French Competition Authority declines competence regarding practices in the public administrative sector of electronic health insurance data

182

The Competition Authority had been seized by the company Celtipharm, which accused the Caisse Nationale d’Assurance Maladie des Travailleurs Salariés (the "CNAMTS") and GIE SESAM-Vitale (the "GIE") of having refused it access to an essential infrastructure, namely real-time access to the data (...)

Anne Wachsmann, Nicolas Zacharie Refusal to sale : The Paris Court of Appeals sanctions a local journal for a refusal to sale with a foreclosure effect in the sector of online obituaries and books of condolence (La Montagne, Aviscom)

314

If the respect of competition law in the funeral market raised interesting questions in its time, it is the obituary publication sector that is now the subject of a ruling by the Paris Court of Appeal (the "Court"), handed down on appeal from a judgment of the Lyon Commercial Court of 30 April (...)

Anne Wachsmann, Nicolas Zacharie Disparagement : The French Competition Authority fines a producer of dairy products for denigration against one of its competitors leading to its delisting by several distributors (SNYL)

249

The Competition Authority ("the Authority") has just issued a new decision on abusive disparagement, imposing a fine of €1.67 million on Société Nouvelle des Yaourts de Littée ("SNYL"). SNYL is active in the dairy production sector. Established in Martinique, it manufactures in particular (...)

Anne Wachsmann, Nicolas Zacharie Abuse of dominance : The Paris Court of Appeals confirms the French Competition Authority’s dismissal decision in a dominant position case in the Internet advertisement sector (E-Kanopi)

223

The company E-Kanopi ("E-Kanopi"), which operates several websites, has "Adwords" and "AdSense" accounts opened with Google in order to use the latter’s online advertising services. Google had suspended those accounts for a period of time due to non-compliance with its general terms and (...)

Anne Wachsmann, Nicolas Zacharie Fidelity rebates : The General Court of the European Union upholds the Commission’s decision and clearly reiterates that rebates conditional on exclusivity and payments aimed at preventing competitors from reaching the market are capable of restricting competition and foreclosing competitors from the market without the need to demonstrate any potential or actual effect on the market (Intel / Commission)

609

The judgment of the Court of First Instance in the Intel case was eagerly awaited. Not only had this case led the European Commission (the "Commission") to impose the highest individual fine ever imposed (EUR 1.06 billion) in its decision of 13 May 2009 (EC Commission, Dec. C(2009) 3726 final (...)

Anne Wachsmann, Nicolas Zacharie Competence : The Paris Cour of Appeals confirms the application by the French Competition Authority of the case law of the French Tribunal des Conflits and its consideration of which potential abusive conducts fall within its jurisdiction (Baggage Home)

175

By a judgment of 27 February 2014, the Paris Court of Appeal confirmed in its entirety Decision 12-D-21 of 18 October 2012 issued by the French Competition Authority ("the Authority") (Aut. conc., 18 October 2012, dec. no. 12-D-21 relating to practices identified in the baggage delivery sector (...)

Anne Wachsmann, Nicolas Zacharie Exclusion: The French Competition Authority fines the owner of a newspaper for an abusive exclusionary conduct based on the economically unsound launch of a new daily newspaper in order to stop the market entry of a competitor on the market for daily sports press

184

The decision of the Competition Authority (hereinafter ’the Authority’) of 20 February 2014 concerning daily sports newspapers provides an interesting example of exclusionary abuse based on economically non-rational behaviour, i.e. giving rise to a financial sacrifice going beyond the usual (...)

Anne Wachsmann, Nicolas Zacharie Dismissal: The French Competition Authority rejects a complaint regarding an allegedly abuse of a dominant position in relation to a de facto exclusivity in the sector of industrial towels (RWT / Mewa)

200

In a decision of 6 April 2012, the Competition Authority (’the Authority’) partially dismissed the complaint of Roland Vlaemynck Tisseur (’RVT’) against Mewa (’Mewa’) and postponed the investigation of a possible de facto exclusivity (’Aut. conc, Dec. No 12-D-11 of 6 April 2012 concerning a referral (...)

Anne Wachsmann, Nicolas Zacharie Exclusionary abuse - Fidelity rebates : The French Competition Authority fines a pharmaceutical company for denigration and fidelity rebates granted to pharmacists with a view to hamper the market entry of a generic company

771

With the publication on the same day of a decision and an opinion, the Competition Authority (the "Authority") closes a rich year for the pharmaceutical sector in 2013. The European Commission adopted two decisions (not yet published) on pay-for-delay in the Lundbeckcases of 19 June 2013. (...)

Anne Wachsmann, Nicolas Zacharie Economy of means: The Paris Court of appeal confirms all aspects of the partial dismissal of the case and referral of a part of the investigation file to the French Competition Authority in the industrial wipes case (Roland Vlaemynck Tisseur)

160

In a decision of 6 April 2012, the Competition Authority had partially dismissed the case by rejecting the complaint of Roland Vlaemynck Tisseur (’RVT’) against Mewa (’Mewa’) and by referring the examination of a possible de facto exclusivity to the investigation (see Aut. conc, Dec. No. 12-D-11 of (...)

Anne Wachsmann, Nicolas Zacharie Incompetence: The French Competition Authority does not have jurisdiction over decisions made by the Conseil supérieur des messageries de presse (CSMP) (Messageries lyonnaises de presse)

135

The Messageries lyonnaises de presse (MLP) had referred the matter to the Authority to challenge certain decisions adopted by the Conseil supérieur des messageries de presse (CSMP). The MLP also accused Presstalis, another press messaging company, of several anti-competitive practices. This (...)

Anne Wachsmann, Nicolas Zacharie Exclusivity - Discriminatory practices: The French Competition Authority sanctions exclusivity practices in the online tax-filing sector (FNAGA)

218

Following a complaint lodged by the Fédération nationale des associations de gestion agréées ("FNAGA") concerning practices implemented in the sector of the remote transmission of accounting and tax data from enterprises and the liberal professions to the tax authorities, the Competition Authority (...)

Anne Wachsmann, Nicolas Zacharie Repair the damage suffered: The Cour de cassation rejects an appeal in the absence of evidence of an infringement of the competition (E-Kanopi)

173

The company E-Kanopi, which operates several websites, has "Adwords" and "AdSense" accounts opened with Google in order to use the latter’s services in terms of online advertising. Google had suspended those accounts for a time because of non-compliance with its general terms and conditions and (...)

Anne Wachsmann, Nicolas Zacharie Refusal of supply: The French Competition Authority considers that a manufacturer, even in a dominant position, remains free to choose which products it wants to create and manufacture through a commercial partnership (Residential electrical equipment)

376

The Competition Authority (the "Authority") recalls, under the terms of its Decision No 13-D-08 of 15 April 2013, that competition law is not intended to give small businesses complete freedom to establish themselves as partners of dominant companies. In this case, the Centr’Halles company held (...)

Anne Wachsmann, Nicolas Zacharie Connected markets - Tying: The French Competition Authority accepts commitments from a sport federation by which the Federation stops tying the delivery of sport licences with supplementary insurances (Distribution of insurance products to golfers)

338

Aut. conc. dec. no. 12-D-29 of 21 December 2012 relating to practices identified in the sector of distribution of supplementary insurance for golf players By a decision accepting commitments, the Competition Authority closes a new case combining a public service remit and separate economic (...)

Anne Wachsmann, Nicolas Zacharie Market definition - Abusive use of regulatory procedures: The Court of Justice sanctions definitively the abusive use of regulatory procedures to prevent or delay the arrival of generic drugs on the market (AstraZeneca)

465

CJEU, 6 December 2012, AstraZeneca AB and AstraZeneca plc v Commission, C-457/10 P The judgment of the Court of Justice of 6 December 2012 brings to a close the judicial saga relating to the decision of the European Commission (the "Commission") which for the first time sanctioned the misuse (...)

Anne Wachsmann, Nicolas Zacharie Jurisdiction: The French Competition Authority applies the case law of the French Tribunal des Conflits and establishes which potential abusive conducts fall within its jurisdiction (Luggages)

186

Aut. conc., 18.10.12, Dec. No. 12-D-21 relating to practices noted in the baggage delivery sector at Paris-Charles de Gaulle airport. The Competition Authority has decided on its competence to examine certain practices of Aéroports de Paris (ADP). In this case, the complainant was a newly (...)

Anne Wachsmann, Nicolas Zacharie Food sector: The European Competition Network publishes a report showing competition law enforcement across the EU to the food sector (ECN Subgroup Food)

264

ECN Subgroup Food, ECN Activities in the food sector, Report on competition law enforcement and market monitoring activities by European competition authorities in the food sector, May 2012 It was recently noted in this column that the competition situation in the food distribution sector was (...)

Anne Wachsmann, Nicolas Zacharie Abuse of economic dependence – Refusal of purchase – Exclusivity clauses: The French Competition Authority rejects a complaint for abusive early termination of a contractual relationship but refers the case back to the investigation body with regard to the analysis of exclusivity clauses and their potential anticompetitive effects (Roland Vlaemynck Tisseur)

479

Aut. conc. dec. no. 12-D-11 of 6 April 2012 concerning a referral by Roland Vlaemynck Tisseur against practices implemented in the sector of manufacturing and marketing of industrial towels The Competition Authority (hereinafter the ’Authority’) reminds us, in its Decision No 12-D-11 of 6 April (...)

Anne Wachsmann, Nicolas Zacharie Misuse of the patent system : The General Court essentially upholds the Commission decision but reduces the fine imposed on a pharmaceutical group (AstraZeneca)

1429

The decision of the European Commission (the "Commission") of 15 June 2005 in the AstraZeneca case (Commission, 15 June 2005, AstraZeneca, Case 37.507) was one of the first cases in the field of pharmaceuticals dealing with the commercial policy of a laboratory holding an originator product in (...)

Anne Wachsmann, Nicolas Zacharie Abuse of power - Large retail distribution : The European Parliament issues a declaration on investigating and remedying abuse of power by large supermarkets operating in the European Union

3046

European Parliament, Declaration on the need to investigate and remedy abuses of power by large supermarkets established in the European Union, P6_TA(2008)0054, OJEU No C. 184E of 6 August 2009, p. 23. During the month of August, a "Declaration of the European Parliament on the need to (...)

Anne Wachsmann, Nicolas Zacharie Predatory pricing: The French Competition Authority rejects the request for interim measures in a predatory pricing case in the pharmaceutical sector but continues its investigations on the merits of the case (Janssen-Cilag France)

2041

Aut. conc. dec. no. 09-D-28 of 31 July 2009 relating to practices of Janssen-Cilag France in the pharmaceutical sector The Commission’s sector inquiry, which is still very much in the public eye, ended with the publication of a report on 8 July (Final Report of the Commission available on its (...)

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