of the European Union, Council

Burden of proof

Institution Definition

In any national or Community proceedings for the application of Articles 101 and 102 of the Treaty, the burden of proving an infringement of Article 101(1) or of Article 102 of the Treaty shall rest on the party or the authority alleging the infringement. The undertaking or association of undertakings claiming the benefit of Article 101(3) of the Treaty shall bear the burden of proving that the conditions of that paragraph are fulfilled. © Article 2 of the Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty

Articles

Siniša Petrović, Marijana Liszt, Petra Kontić Croatia: Topical issues in the current competition law

November 2020

This paper discusses current developments in competition law in Croatia by reviewing some of the most relevant issues in these unprecedented times. One of them concerns the recent decisions of the Croatian Constitutional Court by which several judgments of the Administrative Court were quashed. (...)

Anthony M. Collins No need to bang on the table

November 2020

Two recent judgments delivered by the General Court of the EU show that where applicants challenge the facts underlying a Commission decision in the field of competition law, the Commission is required to prove those facts on pain of the annulment of that decision. In that context the General (...)

Soumya Hariharan, Nandita Sahai, Sakshi Agarwal, Akrathi Shetty India: Trends and evolution in bid-rigging cartels

May 2020

Cartels have been at the forefront of the Competition Commission of India’s (CCI) enforcement regime. This article assesses the elements of bid rigging cartels, constituents that create a case for bid rigging, the CCI’s approach in India based on the standard of proof adopted and evidentiary (...)

Georges Decocq Economics and Competition Policy, Emmanuel COMBE

May 2020

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Elsa Haïm Économie et politique de la concurrence, Emmanuel COMBE

May 2020

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Catherine Prieto Richard Whish QC (Hon) Liber Amicorum. Taking competition law outside the box, Nicolas CHARBIT and Sonia AHMAD (dir.), foreword by Wouter WILS

May 2020

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Laurence Idot The distinction between restriction of competition by object / restriction of competition by effect and Article 101 TFEU: A subject of disputatio

September 2017

Article published in Liber amicorum in honor of Claude Lucas de Leyssac, LexisNexis, 2018. The author is speaking in a purely personal capacity. 1. Political law, competition law lends itself to controversy. While, in the context of the substantial modernisation of European antitrust law (...)

Tristan Lécuyer Digital conglomerates and killer acquisitions: A discussion of the competitive effects of start-up acquisitions by digital platforms

February 2020

Digital platforms are growingly suspected to acquire promising start-up companies to “kill” future competition (the “killer acquisition” concern) and/or extend their domination by acquiring complementary services in neighbouring markets resulting in marginalisation of rivals and higher barriers to (...)

Stéphane Rodrigues Market Definition in EU Competition Law, Miguel SOUSA FERRO

November 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Ruben Maximiano, Matteo Giangaspero, Cristina Volpin Main challenges in adjudicating competition law cases (9th OECD/Korea Policy Centre Competition Law Seminar for Asia-Pacific Judges - Bangkok, May 30–31st, 2019)

September 2019

Every year the OECD/Korea Policy Centre offers judges in Asia-Pacific an opportunity to discuss competition law and competition economics in order to endow judges in the region with the tools to deal with competition cases in their jurisdictions. 1. The ninth OECD/Korea Policy Centre (...)

Geneviève Rigolot, Pascal Wilhelm Disclosure and business secrecy (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

September 2019

Practices of the Commercial Court of Paris with regard to the search for evidence Geneviève Rigolot President, Chamber of Competition, Paris Commercial Court For a long time, the Paris Commercial Court has endeavored to improve the procedures by which a litigant can search for the necessary (...)

Stéphane Rodrigues Evidence Standards in EU Competition Enforcement. The EU Approach, Andriani KALINTIRI

May 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Jacqueline Riffault-Silk La réparation des préjudices causés par les pratiques anticoncurrentielles, Rafael AMARO and Jean-François LABORDE

May 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Irène Luc, Vasil Savov Irène Luc (French Competition Authority): Actions for damages in antitrust cases - Situational analysis in France and in the European Union

May 2019

Interview realised on the occasion of the 3rd edition of the annual conference on private enforcement organised by Concurrences Review, which took place on 28 March 2019 at the Paris Court of Appeal, in the panel dedicated to damages assessment with Etienne Pfister (French Competition (...)

Damien Neven, Gregor Langus, Vilen Lipatov Standards of proofs in sequential merger control procedures

September 2018

We model merger control procedures as a process of sequential acquisition of information in which mergers can be cleared after a first phase of investigation. We find that the enforceability of clearance decisions at the end of the first phase is unattractive to the extent that it prevents the (...)

Nathalie Jalabert-Doury Current developments in European and French antitrust investigations (January – June 2018)

September 2018

This article provides an update on the rules applying to antitrust investigations carried out by DGCOMP and the French competition authorities. The new rules, case law and agency initiatives in that field over the past six months are covered. At the EU level, the Alcogroup judgment of the (...)

Douglas H. Ginsburg, Keith Klovers Common sense about common ownership

May 2018

Some scholars have argued that the phenomenon known as common ownership, particularly by large investment managers, is anticompetitive and prohibited by the U.S. antitrust laws. These proponents call for the divestiture of trillions of dollars of equities. We believe the argument for antitrust (...)

Damien Neven State aid control and tax rulings. Is there really a competition issue? (New Frontiers of Antitrust - Paris, 26 June 2017)

November 2017

This article argues that there is no presumption that tax rulings distort competition between firms. Rather, tax rulings should be considered, in the same way as subsidy races, as detrimental to the achievement in the internal market. Finally, we argue that the in the presence of complex (...)

Laurence Idot Thoughts about the evolution of proof of anti-competitive practices before the competition authorities

November 2017

The evidence of anti-competitive practices has been subject to fundamental changes over the last thirty years. The burden of proof on competition authorities is increasingly heavy and varied but, at the same time, the techniques for reducing this burden have become more diversified. The (...)

Florian Wagner-von Papp, Frank Kroes, Jochen Bernhard, Laurence Idot, Marcella Negri Disclosure of documents that lie in the control of the parties (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

September 2017

Article 5 of the Damages Directive requires Member States to enable courts to order disclosure of evidence under certain qualifying conditions, while protecting the rights of parties and third parties, in particular confidential information. This is an area in which common law jurisdictions and (...)

Nathalie Flandin Evidence, Proof and Judicial Review in EU Competition Law, Fernando CASTILLO DE LA TORRE et Eric GIPPINI FOURNIER

September 2017

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Nathalie Jalabert-Doury Current developments in European and French antitrust investigations (October 2016 – May 2017)

September 2017

This article provides an update on the rules applying to antitrust investigations carried out by DGCOMP and the French Competition Authorities. The new rules, case law and agency initiatives in that field over the past eight months are covered. At the EU level, the Commission notably published (...)

Wouter Wils Private enforcement of EU antitrust law and its relationship with public enforcement: Past, present and future

May 2017

This paper provides a short history of private enforcement of EU antitrust law and its relationship with public enforcement, from the 1957 EEC Treaty over Regulation 17 and Regulation 1/2003 until Directive 2014/104 and the current outlook. I. Introduction 1. This article provides a short (...)

Rafael P. Amaro Transposition of the EU Damages Directive in France: Views on the new title VIII of French commercial code’s book IV

May 2017

After a legislative process that lasted nearly twelve years, the epilogue has just been written: the directive 2014/104/EU is finally transposed into French law! The transposition provisions were inserted in a new Title VIII of Book IV of the Commercial Code. This title was created by the two (...)

Wouter Wils The use of leniency in EU cartel enforcement: An assessment after twenty years?

February 2017

Since 1996, the European Commission has been operating a leniency programme, under which companies cooperating with its cartel investigations can obtain immunity from fines or a reduction of fines. Leniency plays a prominent role in EU cartel enforcement today. This paper assesses the positive (...)

Rafael P. Amaro Private enforcement of anticompetitive practices in France (Oct. 2015 – June 2016)

November 2016

The most significant news in the past few months is the circulation in the very first days of September of two draft texts transposing Directive 2014/104/EU (an “ordonnance” and a “décret”). These drafts were provided for review by the department of the Minister of Justice in charge of civil matters (...)

Alejandro Guerrero Perez, Daniel G. Swanson, Peter Alexiadis Raising the EU evidentiary bar for the “single and continuous infringement” doctrine

November 2016

Viewed against the backdrop of the European Commission’s withdrawal of a number of EU antitrust investigations for alleged collusive practices, the authors analyze the overhaul of the “single and continuous infringement” doctrine which has been progressively subjected to increasing evidentiary (...)

Rafael P. Amaro Uncertain future of the loyalty principle in the appraisal of evidence in anti‐competitive practices trials

February 2017

In a judgment of the 7th of January 2011, the French Supreme Court (Cour de cassation) adopted a broad approach of the loyalty principle when applied to the administration of evidence in anti‐competitive practices trials before the French National Competition Authority (Autorité de la (...)

Yves Picod Unfair competition and parasitism: Indifference of the intentional nature of the breach

February 2016

Whereas the proof of fault must be admitted to ensure the success of an action in unfair competition, the nature of the misconduct is indifferent: it doesn’t matter if the fault has been committed intentionally or not. Nevertheless, this traditional solution seems to be called into question as (...)

Julie Rondu La preuve dans le droit de l’Union européenne

May 2014

For the first time, the book outlines a theory of evidence in European Union law as a legal order in its own right. This exercise of deciphering and systematization is in line with a recent doctrine which considers proof not only with regard to the office of the judge, but also with regard to (...)

David Leys EU Competition Law: Between Public and Private Enforcement

May 2014

Despite several decades’ worth of explicit directives, green papers, white papers, proposals, and communications from the European Commission, the actual enforcement of competition law across the Member States today is rife with shifting patterns that escape a clearly bounded framework. The (...)

Jean Sentenac Unconditional clearance of merger in phase II under Regulation N° 139/2004

September 2013

This article discusses the reasons the European Commission may have recourse to the second phase of an investigation in order to unconditionally clear a merger. This decision to launch a Phase II investigation often results from a myriad of factors, such as the increasing role of economic (...)

Anne Perrot, Jeanne Lubek, Olivier d’Ormesson Collective dominant position: Economic and legal points of view

September 2011

This set of three papers is derived from the training session organised by Concurrences Review that has held on 14th June 2011 in Paris. The first contribution written by Anne Perrot, is dedicated to the definition of the fundamental notions. In the second contribution, Jeanne Lubeck explains (...)

Ian Forrester Antitrust judicial review: Highlights of EU and national case laws

May 2011

The surge in demand for the application of competition law has created a need for the resolution of competition controversies; and a corresponding need for judicial review. This article provides highlights, if not a synthesis, of some 560 cases summaries which address to a greater or lesser (...)

Eric David The impact of "alternatives procedures" in the anti-competitive practices establishment before the Competition Authority and the European Commission

February 2011

The present study aims to identify if leniency programs, settlement proceedings and commitment proceedings have an impact on the definition and the proof of antitrust practices before the European Commission and the French Competition Authority. 1. Unlike their North American counterparts, (...)

Noah A. Brumfield, Wendi R. Schepler Antitrust counterclaims in US patent infringement litigation

December 2010

In view of the well-known tensions between the antitrust laws and the intellectual property laws, in any patent infringement litigation the accused infringer should always consider possible antitrust counterclaims. Such claims may include variations on monopolization under Section 2 of the (...)

Rodolphe Mesa Burden and object of proof in the case of economic parasitism

December 2010

This article deals with the evidence necessary to establish parasitism, an act of unfair practice, in French law. In principle, civil responsibility procedural provisions should apply, as parasitism is a mere fault requiring regular proofs to be assessed. But case law requires in practice (...)

Anne Perrot, Anne Wachsmann, Laurent Flochel Efficiencies and pro-competitive arguments in mergers and unilateral practices

May 2010

This three short papers summarize the main points of the training course Law & Economics held on March18th 2010 on “Efficiency gains and horizontal merger control” by Concurrences. The importance of considering efficiencies cannot be underestimated, as shown in the Guidance on the (...)

Dominique Ferré Civil sanctions against anticompetitive practices : Some French law issues

May 2007

An undertaking whose behaviour can be qualified as anti-competitive is liable to administrative, civil and criminal sanctions. While administrative and penal sanctions (fines, injunctions, publications) have a repressive purpose, tending to punish the company guilty of an illicit practice, (...)

Laurence Idot The anticompetitive object is back...

December 2009

Recent case law from the Court of justice of the European Communities has casted doubts on the interpretation of the notion of anticompetitive object, in stern contrast with economic analysis which lead to greater attention given to the effect of anticompetitive practices. It is understood that (...)

Thierry Dahan The regulation of competition: A prospective point of view (II)

December 2009

The two purposes of competition law - economic efficiency and consumer welfare - do not spontaneously converge on the real markets. Competiton law aims at protecting market equilibriums that can reconcile these goals. To establish the possible consequences of a given economic behavior, (...)

Catherine Prieto Private enforcement: The US approach

December 2008

What could we learn from the American experience in private enforcement with its strong and weak aspects? The answer is troublesome as bias and caricature are often prevailing in France as well as in the United States. As a matter of fact, this experience is not easy to grasp because of the (...)

Emmanuelle Claudel The EC White Book on private enforcements: Towards facilitating the criteria of liability

December 2008

1. Ladies and Gentlemen, allow me first of all to express my pleasure at taking part in this symposium organized by the University of Paris II, the European College of Paris and the AFEC, and particularly at taking part in this round table, which is entitled: "Facilitating the establishment of (...)

Anne Perrot, Eleanor M. Fox, Jérôme Philippe, Lucas Peeperkorn, Philippe Nasse The law and economics of resale price maintenance: A comparative perspective

December 2008

Since the 1911 Dr. Miles case of the Supreme Court resale price maintenance has been prohibited per se in US antitrust law. The Supreme Court has recently overruled this almost one hundred years old precedent in Leegin Creative Leather Products, Inc v. PSKS, Inc (2007) and has adopted a rule of (...)

Alain Ronzano, Christelle Adjémian, Umberto Berkani Competition journals: July - Oct. 2007

December 2007

1. General - Scope of application The notary seized by Community law (XV Notarial-University Meeting), D. Fasquelle (Petites affiches, 29 August 2007, No. 173, p. 30) In this paper, written on the occasion of the XVth Notarial-University Meeting, Daniel Fasquelle tries to convince notaries (...)

Daniel Fasquelle, Rodolphe Mesa Private enforcements of EC antitrust: The EC Green book, A critical view

February 2006

On December 2005, 19, considering the loopholes of positive law, the European Commission published a Green book on private enforcement of competition rules (Art. 81-82 EC). This document shows both curative and preventive effects of such actions. It also identifies the main barriers to their (...)

Denis Waelbroeck EC Merger Jurisdictionnal Review...

December 2005

In its 2-2005 issue, the review “Concurrences” has published a much debated forword from CFI Judge Hubert Legal about a possible excessive jurisdictionnal control over the EC Commission merger decisions. This Foreword, by Prof. Denis Waelbroeck, offers a different opinion on the issue raised by (...)

Wouter Wils The reform of competition law enforcement brought about by Regulation N° 1/2003: Will it work?

December 2005

This report, prepared for the 2004 FIDE Conference, consists of two parts. The first part gives an overview of the main content of Regulation No 1/2003, in its historic context. The second part deals with a number of areas of potential concern, i.e. issues regarding which questions have been (...)

Nathalie Jalabert-Doury Oral statements in antitrust law procedure

May 2005

For a long time, competition authorities required written evidence of the infraction. At times authorities recorded oral statements, but statements were essentially used to confirm written evidence. Nevertheless, an evolution occurred : the authorities have accepted more and more statements as (...)

Events

Luca Prete, Xavier Boutin, Estelle Jegou Anticompetitive object and effect: Does the recent EU case law bring clarity or fresh doubts?

20 November 2020

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Positive Competition and White & Case, with Luca Prete (Référendaire, European Court of Justice), Xavier Boutin (Founding Partner, Positive Competition) and Estelle Jégou (Counsel, White & Case).

Tom Smith, Frederic Depoortere, Guillaume Loriot, Lorenzo Coppi, Giorgio Motta The future of EU and UK merger control enforcement

17 September 2020

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Compass Lexecon and Skadden, with Guillaume Loriot (Director - Markets and cases II: Information, Communication and Media, DG COMP), Tom Smith (Legal Director, Competition and Markets Authority), Lorenzo Coppi (Executive Vice President, Compass Lexecon), Frederic Depoortere (Partner, Skadden), and Giorgio Motta (Partner, Skadden).

Hanna Anttilainen, Peter Davis, Catriona Hatton, Stephen Weissman, Adam Shulman Global Antitrust Hot Topics #1 Mergers: A Definitive Need for Reform?

23 September 2020

1st Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts and Cornerstone Research, with Hanna Anttilainen (Head of Unit - Mergers, DG COMP), Peter Davis (Senior Vice President, Cornerstone Research), Catriona Hatton (Partner, Baker Botts), Adam Shulman (Deputy General Counsel, Celanese) and Stephen Weissman (Partner, Baker Botts).

Mark D. Powell, Nicholas Forwood, Katarzyna Czapracka, Thilo Klein The General Court’s CK Telecoms ruling: Is Three the New Magic Number? Towards a re-assessment of unilateral effects in merger review

1 July 2020

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with White & Case and Compass Lexecon, with Sir Nicholas Forwood QC (Counsel, White & Case - Former Judge, Court of Justice of the European Union, General Court), Katarzyna Czapracka (Partner, White & Case), Thilo Klein (Executive Vice President, Compass Lexecon) and Mark Powell (Partner, White & Case).

Dominique Gilles, Gildas de Muizon, Nathalie Dostert, Mélanie Thill-Tayara, Anne-Sophie Choné-Grimaldi Private Enforcement #3 Assessment of damages, passing on…

19 June 2020

3rd Webinar of the « 5th Private Enforcement Conference » organised by Concurrences, in partnership with Dechert and Deloitte, with Anne-Sophie Choné (Professor, University Paris Nanterre), Dominique Gilles (Counsellor, Paris Court of Appeal), Gildas de Muizon (Partner, Head of the Economic Advisory practice, Deloitte), Nathalie Dostert (Vice President, Paris Commercial Court) and Mélanie Thill-Tayara (Partner, Dechert).

Peter Meier-Beck, Ellen Braun, Kai-Uwe Kühn, Lukas Rengier Private Enforcement in German Courts: Between Law and Economics

5 September 2019

Law & Economics workshop organised by Concurrences with Prof. Dr. Peter Meier-Beck (German Federal Court of Justice), in partnership with Allen & Overy and The Brattle Group.

Bill Batchelor, Bruce Macaulay, Deborah Wilkie, Jon Turner, Oliver Latham The future of cartels: Classes, claims and criminals

28 November 2018

Workshop organised by Concurrences Review with Deborah Wilkie (CMA), in partnership with Skadden and CRA.

Marc Israel, Oliver Latham, Peter Freeman, Sylvia Evers Litigating Private Enforcement in the UK and the Netherlands

22 January 2018

Law & Economics workshop organised by Concurrences Review in partnership with White & Case and CRA.

Craig Pouncey, Filip Kubik, Kim Dietzel, Laurent Eymard, Michael Dietrich, Peter Roth Strategic considerations in cartel follow-on litigation

2 June 2016

Law & Economics Workshop organized by Concurrences Review in partnership with Herbert Smith Freehills and MAPP.

Emmanuel Combe, Koen Platteau, Ombline Ancelin, Philippe Février Competition in the Pharmaceutical Sector — What’s new?

14 April 2016

Law & Economics Workshop organized by Concurrences Review in partnership with Simmons & Simmons and MAPP.

Jérémiah Juts, Koen Platteau, Laure Dosogne Varaire, Ombline Ancelin Exchange of information between competitors within professional associations

27 January 2016

Law & Economics Workshop with Laure Dosogne-Varaire (Autorité de la concurrence), in partnership with Simmons & Simmons and Compass Lexecon.

Laurent Ayache, Laurent Benzoni, Lionel Lesur, Nathalie Dostert Private enforcement: Damage assessment

8 June 2015

Law & Economics Workshop organized by Concurrences in partnership with McDermott Will & Emery and Tera Consultants.

Christian Riis-Madsen, David Spector, Frédéric Jenny, Nicholas Banasevic Proof of abuse of dominant position

3 June 2015

Workshop organized by Concurrences Review in partnership with O’Melveny & Myers and MAPP.

Béatrice Charlier-Bonatti, Bernd Pill, Charlotte Tasso de Panafieu, Frank Gentin, Frédéric Jenny, Gildas de Muizon, Guy Canivet, Laurence Idot, Laurent Geelhand, Ludovic Bernardeau, Nick Rowles-Davies, Olivier Fréget, Pascale Déchamps 1st Private Enforcement Conference - EU Damages directive: What consequences for litigation?

18 May 2015

Half-day conference organized by Concurrences at Paris Commercial Court in partnership with Burford Capital, Fréget-Tasso de Panafieu, Hausfeld, Microeconomix and Oxera.

Christian Riis-Madsen, David Spector, Frédéric Jenny, Nicholas Banasevic Proof of abuse of dominant position

13 May 2015

Nicholas Banasevic
Christian Riis-Madsen
David Spector
Frédéric Jenny...

Laurent Ayache, Laurent Benzoni, Lionel Lesur, Nathalie Dostert Private enforcement : damage assessment

6 May 2015

Nathalie Dostert
Lionel Lesur
Laurent Benzoni
Laurent Ayache

Marta Giner Asins, Martine Behar-Touchais, Stéphane Gervasoni Restriction of competition by object or by effect: What else?

17 April 2015

Antitrust Procedure Workshop organized by Concurrences in partnership with Norton Rose Fulbright.

Béatrice Charlier-Bonatti, Bernd Pill, Charlotte Tasso de Panafieu, Frank Gentin, Frédéric Jenny, Gildas de Muizon, Guy Canivet, Laurence Idot, Laurent Geelhand, Ludovic Bernardeau, Olivier Fréget, Pascale Déchamps Damages directive — What consequences for litigation?

19 March 2015

Frédéric Jenny
Gildas de Muizon
Guy Canivet
Bernd Pill...

Dennis Davis, Eleanor M. Fox, Frédéric Jenny, Geeta Gouri, Harry First, Maria-Blanca Rodriguez Galindo, William E. Kovacic Antitrust in Emerging and Developing Countries: Press Reports

24 October 2014

Reports by RYAN LYNCH, PaRR (c) Competition enforcers should put cards ‘face up’ Competition authority leaders ought to provide a clear sense of an agency’s priorities, according to William Kovacic, former chairman of the Federal Trade Commission (FTC). Most of the world’s competition agencies (...)

Agustin Ros, André Marques Gilberto, Daniel Rubinfeld, Eleanor M. Fox, Elizabeth Xiao-Ru Wang, Frank Fine, George Paul, George S. Cary, Huang Yong, Mariana Tavares de Araujo, Nadine Kiran Meetarbhan, R. Shyam Khemani, Randolph Tritell, Robert Ian McEwin, Simon Roberts, Stephen Harris, Tania Begazo-Gomez Antitrust in Emerging and Developing Countries: Inaugural Conference

24 October 2014

Conference organized by Concurrences Journal and NYU School of Law. Panel sponsors: AGON, AZB & Partners, Chaves, Gelman, Machado, Gilberto e Barboza Sociedade de Advogados, Cleary Gottlieb Steen & Hamilton, CRA, Levy & Salomão Advogados, Linklaters, NERA, White & Case, and Winston Strawn. Social event sponsors are Google and Qualcomm.

Antoine Choffel, Catherine Prieto, Francesco Rosati, Stéphane Hautbourg Restriction "by object" after the Cartes Bancaires ruling

14 October 2014

Law & Economics workshop organized by Concurrences in partnership with Gide Loyrette Nouel and RBB Economics.

Antoine Choffel, Catherine Prieto, Francesco Rosati, Stéphane Hautbourg Restriction "by object" after the Cartes Bancaires ruling

26 September 2014

Catherine Prieto
Stéphane Hautbourg
Francesco Rosati

Dennis Davis, Eleanor M. Fox, Frédéric Jenny, Geeta Gouri, Harry First, Maria-Blanca Rodriguez Galindo, William E. Kovacic Antitrust in emerging and developing countries featuring China, India...

14 April 2014

Eleanor Fox
Simon Roberts
William Kovacic
Stephen Harris...

Francesco Rosati, Frédéric Jenny, Johan Ysewyn Economic evidence in cartel cases

1 April 2014

Law & Economics workshop organized by Concurrences in partnership with Clifford Chance and RBB Economics

Francesco Rosati, Frédéric Jenny, Johan Ysewyn Economic evidence in cartel cases

28 February 2014

Frédéric Jenny
Johan Ysewyn
Francesco Rosati

Emmanuel Durand, Laurence Idot, Umberto Berkani Evidence in Cartel Cases: Proof of documents on file

6 November 2013

Antitrust Procedure Workshop organized by Concurrences in partnership with Clifford Chance.

Ilene Gotts, Joshua D. Wright, Eric Stock, George A. Rozanski Dinner in honor of Joshua Wright & Eric Stock

26 September 2013

Joshua D. Wright - FTC Commissioner - and Eric Stock - Chief of the NY Attorney General Antitrust Bureau - delivered remarks about the U.S. Supreme Court’s recent “reverse payment” settlement decision in FTC v. Actavis at the Concurrences Journal Annual Dinner. A summary of those remarks follows. (...)

Emmanuel Durand, Laurence Idot, Umberto Berkani Proof and competition law

18 September 2013

Laurence Idot
Umberto Berkani
Emmanuel Durand

Muriel Chagny, Ombline Ancelin, Pierre de Montalembert, Virginie Beaumeunier Dawn raids and inquiries: Rights and obligations

26 February 2013

Antitrust Procedure Workshop organized by Concurrences in partnership with Hogan Lovells.

Andrea Lofaro, Bernard Amory, Bruno Lasserre, Carles Esteva Mosso, Damien Geradin, Elie Cohen, Fleur Pellerin, Francis Kramarz, Françoise le Bail, Frédéric Jenny, Howard Shelanski, Isabelle Falque Pierrotin, Joaquín Almunia, Jorge Padilla, Kai-Uwe Kühn, Laurence Idot, Maurice Stucke, Maxime Lombardini, Patrick Hubert, William E. Kovacic New Frontiers of Antitrust 2013

22 February 2013

Annual Conference organized by Concurrences in partnership with Allen & Overy, Covigton & Burling, Clifford Chance,Compass Lexecon, Jones Day, RBB Economics (Panel Sponsors), Cleary Gottlieb, CRA, Norton Rose Fullbright, Allen & Overy, Herbert Smith, Mayer Brown, RBB Economics, Jones Day (Social Event Sponsors).

Emmanuel Combe, Joseph Vogel, Laurent Flochel Making good competition damages

6 February 2013

Law & Economics breakfast organized by Concurrences in partnership with Vogel & Vogel and Charles River Associates.

Muriel Chagny, Ombline Ancelin, Pierre de Montalembert, Virginie Beaumeunier Dawn raids and inquiries: Rights and obligations

11 January 2013

Muriel Chagny
Virginie Beaumeunier
Ombline Ancelin

Emmanuel Combe, Joseph Vogel, Laurent Flochel Private enforcement

22 November 2012

Emmanuel Combe
Joseph Vogel
Laurent Flochel

Anne Perrot, Dirk Arts, Frédéric Jenny, Jürgen Schindler, Kai-Uwe Kühn Standard of proof for economic evidence

21 November 2012

Law & Economics Workshop organized by Concurrences in partnership with MAPP and Allen & Overy.

Catherine Prieto, Emmanuel Durand, Irène Luc, Michel Petite Antitrust complaints: How to file? Where to file?

12 November 2012

Workshop organized by Concurrences in partnership with Clifford Chance.

Anne Perrot, Frédéric Jenny, Jürgen Schindler, Kai-Uwe Kühn Standard of proof for economic evidence

9 November 2012

Kaï-Uwe Kuhn
Frédéric Jenny
Dirk Arts
Anne Perrot

Catherine Prieto, Emmanuel Durand, Irène Luc, Michel Petite Antitrust complaints: How to file? Where to file?

15 October 2012

Catherine Prieto
Patrick Hubert
Irène Luc

Andrea Lofaro, Bernard Amory, Bruno Lasserre, Carles Esteva Mosso, Damien Geradin, Elie Cohen, Francis Kramarz, Frédéric Jenny, Isabelle Falque Pierrotin, Joaquín Almunia, John Terzaken, Kai-Uwe Kühn, Laurence Idot, Maurice Stucke, Patrick Hubert, William E. Kovacic New Frontiers of Antitrust 2013

31 July 2012

Joachin Almunia
Carles Esteva Mosso
Bill Kovacic
Fred Jenny...

David Sevy, Frédéric Jenny, Mark D. Powell Private enforcement

5 July 2012

Frédéric Jenny
Mark Powell
David Sevy...

A B C D E F G H I J L M N O P R S T U V

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Applicable law • Arbitration • Article 11 letter • Automotive distribution

B

Barriers to entry • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Contract • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Economies of scale • Effect on trade between Member States • Effective judicial protection • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND • Free riding

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Hearing officer • Horizontal agreement

I

Independence and impartiality • Individual exemption • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Lerner index • Letter of rejection of complaints • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Misinformation

N

Ne bis in idem • Network effect • Non-competition clause • Notification • Nullity

O

Oligopoly

R

Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Substitutability • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service • Upstream market

V

Vertical agreement • Vertical restraints (or restrictions)