Principle of equal treatment

Institution Definition

(...) "207. It should be noted that, in claiming discrimination between companies established in continental Europe and Scandinavia and companies established in the United Kingdom and the United States, the applicant relies, in essence, on the principle of equal treatment. According to settled case-law, the general principle of equal treatment and non-discrimination requires that comparable situations are not treated differently unless differentiation is objectively justified (...)". Judgement of the General Court (Fifth Chamber) 26 October 2017, Marine Harvest ASA v European Commission

Articles

Romain Ferla Exemption from the suspensive effect of merger control: Should European and French decision-making practices be harmonized?

May 2022

The standstill obligation in merger control procedures is not an absolute principle. Both the French Competition Authority and the European Commission recognise the possibility of exceptional derogations to this principle. In times of crisis, requests for such derogations are more frequent, and (...)

Frédéric Buy, Gaël Chantepie, Jean-Christophe Grall, Audrey Illouz, Helen Coulibaly-Le Gac, Marie Doisy, Luc-Marie Augagneur Retail distribution law reformed once again: EGalim 2

February 2022

A law dated 18 October 2021 aiming at protecting the payment of farmers, known as "EGalim 2", reforms distribution law by targeting the food sector. Upstream, the "contractualization" regime between producers and their first buyers is reinforced. Downstream, suppliers and distributors must (...)

Vasiliki Brisimi, Sophia Dipla Hellenic Republic: Recent Greek cases on restrictions of parallel trade in the pharma sector - The application of Sot. Lélos criteria by the NCA and civil courts, and an alternative approach

September 2021

This article discusses recent Greek cases on restrictions of parallel trade in pharmaceuticals by the Hellenic Competition Commission and Greek Civil courts that implement the two criteria established in Sot. Lélos kai Sia EE CJEU judgment determining when wholesalers’ orders of medicinal (...)

Walid Chaiehloudj Will digital regulation law marginalize competition law? Reflections in the light of Epic Games v. Apple

September 2021

Is competition law the appropriate instrument for disciplining big digital companies? Shouldn’t we admit its limitations in apprehending certain deviant behaviors recently detected on many digital markets? The development of digital regulation law suggests that competition law cannot do (...)

Gaël Bouquet Insights on connected mobility in the automotive sector

November 2020

Vehicle data for commercial use is currently a subject of heated discussion at both the EU and national level. The questions around obtaining and pricing access to such data has led government authorities to consider the introduction of regulating measures. However, the analysis suggests that (...)

Laurence Folliot Lalliot, Christopher R. Yukins COVID-19: Lessons learned in public procurement. Time for a new normal?

September 2020

The COVID-19 crisis upended markets and assumptions in public procurement, and posed an almost existential threat to traditional procurement systems. Seismic changes in economic relationships – governments were no longer monopsonists, government officials failed as economic intermediaries (...)

Wouter Wils Fundamental Procedural Rights and Effective Enforcement of Articles 101 and 102 TFEU in the European Competition Network

February 2020

This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable (...)

Estefania Santacreu-Vasut, Chris Pike Competition policy and gender

November 2019

This paper calls attention to the opportunity for competition authorities to contribute to the fight for gender equality. We also argue that adopting a gender lens can be helpful in achieving the efficiency-based objectives of competition authorities. We conclude by providing a menu of options (...)

Stéphane Rodrigues Droit antitrust de l’Union européenne et droits fondamentaux des entreprises. Approche contentieuse, Mathieu LE SOUDEER

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 (...)

Frédérique Berrod, Luc Besançon, Philippe Besset, François Blanchecotte, Gilles Bonnefond, Céline Devienne, Martial Dubonnet, Luis Godinho, Thomas Piquereau Competition enforcement in the health sector

September 2019

This series of articles analyses the French competition policy in the health sector, including the notice issued by the French Competition Authority in April 2019 relating to the sectors of medicines distribution and medical biology. Each article deals with the topic from a different (...)

Olivier Peiffert Comparisons are odious: Clarification of the state aid’s criterion of selectivity

September 2017

Pursuant to the law as it stands, the criterion of selectivity of a State aid within the meaning of Article 107 (1) TFEU remains to be clarified. This article suggests to take into account the fact that this criterion calls for a comparison of the treatments reserved for different categories of (...)

Doris Hildebrand The equality and social fairness objectives in EU competition law: The European school of thought

February 2017

The protection of free competition based on equality is the most important social principle in a social market economy. Post-Lisbon, EU competition law is supposed to implement the social market economy concept as defined in Article 3 TEU. The European School of thought is the economic frame (...)

Emmanuel Frot, Jacques Buhart, Lionel Lesur Antitrust sanctions under French competition Law: 1 year of Guidelines

May 2013

One year after the publication of the French Competition Authority’s notice on fines, it is possible to take stock of its application. The three contributions in this article describe its implementation and evaluate its impact on the level of fines imposed on undertakings. Moreover, the authors (...)

Bruno Lasserre, Jean-Paul Tran Thiet, Nils Wahl, Wouter Wils Procedural fairness: How much remains to be done? (New Frontiers of Antitrust Conference - Paris, 11 February 2011)

May 2011

This fourth roundtable of the conference "New frontiers of Antitrust", Paris, 11 February 2011, is dedicated to the procedural fairness. In the first contribution, Nils Wahl, Judge of the General Court of the European Union examines the judge’s role in the competition proceedings. In the second (...)

Neelie Kroes “Free competition" is not an end in itself...

September 2007

Faced with globalisation, Europe has to choose between defense, trying to resist change, and dynamism, actively seeking out the opportunities the international scene has to offer. We should firmly choose the latter. Europe need not fear globalisation. The “regional globalisation” in Europe over (...)

Events

Sophie Depelley, Sylvaine Poillot-Peruzzetto, Nathalie Dostert, Olivier Fréget, Gildas de Muizon, Rafael P. Amaro Classification of damages due to anticompetitive practices

26 January 2022

Webinar organised by Concurrences, in partnership with Deloitte, Fréget Glaser & Associés and Orrick, with Sophie Depelley (Conseillère à la chambre concurrence et distribution (5/4), Cour d’appel de Paris), Nathalie Dostert (Présidente de la chambre de droit de la concurrence et Vice-présidente honoraire, Tribunal de commerce de Paris), Sylvaine Poillot-Peruzzetto (Conseillère à la chambre commerciale, financière et économique, Cour de cassation), Olivier Fréget (Partner, Fréget Glaser & Associés), Gildas De Muizon (Partner - Economic Advisory, Deloitte) et Rafael Amaro (Professor, Université de Caen Normandie).

Estefania Santacreu-Vasut, Kristina Nordlander, Elizabeth Xiao-Ru Wang, Ingrid Vandenborre Competition Policy & Gender

8 March 2021

Webinar organised by Concurrences and Women’s Competition Network (WCN), in partnership with Compass Lexecon and Skadden, with Kristina Nordlander (Partner, Sidley Austin | Founder, Women’s Competition Network), Estefania Santacreu-Vasut (Associate Professor, ESSEC Business School), María Luisa Tierno Centella (Deputy Head of Unit, DG COMP), Ingrid Vandenborre (Partner, Skadden) and Elizabeth Xiao-Ru Wang (Executive Vice President, Compass Lexecon).

Charles Bankes, Koen Platteau, María Luisa Tierno Centella, Peter Freeman EU settlement procedure, hybrid settlements and the judicial point of view

23 February 2016

Workshop organized by Concurrences Review in partnership with CAT and Simmons & Simmons.

Kai Struckmann, Laurent Eymard, Mark D. Powell, Max Lienemeyer The EC tax probe : When State Aid met tax

25 January 2016

Lunchtalk organised by concurrences in partnership with MAPP and White & Case.

Anthony Dawes, Laurence Idot, Marc van der Woude, Stéphane Hautbourg The General Court of European Union and competition case-law

15 January 2016

Lunchtalk organised by Concurrences in partnership with Gide Loyrette Nouel.

André Marie, Catherine Gonzalez, Emmanuel Laurentin, Marie Hindré, Thomas Sely, Virginie Beaumeunier Digital investigations, e-discovery: what’s new?

2 July 2015

Workshop organized by Concurrences in partnership with DLA Piper, Kroll Ontrack and AFJE.

Francesco Martucci, Leo Flynn, Michel Debroux The private investor principle in the recent State aid case law

17 March 2015

Workshop organized by Concurrences in partnership with Reed Smith.

Emmanuel Frot, Jacques Buhart, Lionel Lesur, Thibaud Vergé Sanctions: One year of Sanction Guidelines

9 January 2013

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

Books

Chapters

Daniel Muheme, Randolph Tritell Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Due Process in Antitrust Proceedings and the Quest for Global Convergence

9 Dec 2020

147 Due Process in Antitrust Proceedings and the Quest for Global Convergence randOlPh t rItell, P aul O'B rIen and d anIel M uheMe * Office of International Affairs, US FTC University of Liège Abstract Effective antitrust enforcement is predicated on the agency's provision of procedural (...)

Eleanor M. Fox Ian Forrester - A Scot Without Borders Liber Amicorum Vol. II Industrial policy, China and the world: are there norms?

1 Dec 2015

131 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume II Industrial policy, China and the world: are there norms? ELEANOR M. F OX I. Introduction It is my pleasure to write this essay in honour of Ian Forrester, person of wit and wisdom; a great lawyer, an unequalled advocate, (...)

Ian Forrester - A Scot Without Borders Liber Amicorum Vol. I In search of a status: where does the jobseeker fit in EU free movement law?

23 Sep 2015

139 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume I In search of a status: where does the jobseeker flt i n EU free movement law? N IAMH N IC S HUIBHNE I. Introduction Re?ecting on the occasion of happy returns that this volume celebrates, two notable judgments of the (...)

Ian Forrester - A Scot Without Borders Liber Amicorum Vol. I For the love of God: the value of advocati pauperum

23 Sep 2015

271 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume I For the love of God: the value of advocati pauperum From poor tenants of the lands of Grenok to overturning ‘don’t ask, don’t tell’ JO W EISS * I. Even this road leads to Scotland King James V of Scotland was not happy. ‘We (...)

a b c d e f g h i j k l m n o p r s t u v w

a

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

b

Barriers to entry • Bertrand (Nash) equilibrium • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Bundling • 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) • Collusion • Comity • Commission Notice • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concentration indexes • Concerted practices • Concession • Concurrent jurisdiction • Consortium • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Cournot (Nash) equilibrium • Criminal sanctions • Cross subsidisation

d

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

f

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

g

GAFAM • Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement • HSR Filing (US)

i

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

j

Joint control • Joint venture • Judicial review

k

Know-how

l

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

m

Mandatary (distribution) • Margin squeeze • Marginal costs • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Monopoly

n

Ne bis in idem • Network effect • Non-compete obligation • Notification • Nullity

o

Oligopoly

p

r

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

t

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

u

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

v

Variable costs • Vertical agreement • Vertical restraints (or restrictions)

w

White clause