Search results - Concurrences

1 Sep 2020 R

Algorithmic antitrust (London, 6 March 2020)

Aurélien Portuese, Anne Witt • N° 3-2020

On the 6th of March 2020, few days before the Covid-19 lockdown, LL.M. Programme Director Dr Aurelien Portuese has convened a conference on “Algorithmic antitrust” in the Waldegrave Drawing Rooms of St Mary’s University London, in Twickenham. This conference was an annual conference organised as (...)

1 Sep 2020 R

Supplier-distributor relationships tested in the Covid-19 epidemic (Webinar - April 21, 2020)

Jacques Davy, Daniel Diot, Valérie Weil-Lancry • N° 3-2020

The health crisis and its consequences have had a direct impact on the trade agreements that had just been signed for the year 2020 between distributors and the food companies that supply them. This situation has led suppliers to think about the different legal mechanisms that could be (...)

1 May 2020 R

Competition law and developing countries: Overarching themes from Africa, cartels and corruption, and mergers

Paula Farani de Azevedo Silveira, Paula de Andrade Baqueiro, Mor Bakhoum, Arsenio M. Balisacan, Luis Guilherme Ahlo Batista, Laurie Binge, Kevin Davis, Eleanor M. Fox, Gönenç Gürkaynak, Timothy T. Hughes, Helen Kean, Liberty Mncube, Marcio De Oliveira Jr, Leni Papa, George L. Paul, Daniel Rubinfeld, Pablo Trevisán • N° 2-2020

In this edition we present an overarching view of competition law and developing countries, then pick up themes, such as cartels, corruption and mergers, from the “Antitrust and developing and emerging economies” annual Concurrences review Conference held on November 1st, 2019, at the New York (...)

1 May 2020 R

Jurisdiction of the French Competition Authority over the practices of professional orders

Lucile Fournereau, Cyril Rollet • N° 2-2020

This contribution was collected following up the Conference "Competition and regulation: How to coordinate the interventions of competition authorities and sectoral regulators?" organized by Concurrences in Paris on 14 November 2019. 1. If the question of the competence of the Competition (...)

1 Feb 2020 R

Is the role of the competition authorities limited to sanctions? (Paris, 17 Sept. 2019)

Daniel Fasquelle • N° 1-2020

Intervention made on September 17th, 2019 during the conference organized by Concurrences. I. Law enforcement function, decision-making function, advisory function 1. The primary mission of the Competition Authority ("ADLC" or "the Authority") is to ensure the competitive functioning of the (...)

1 Nov 2019 R

Beyond Alstom-Siemens: Is there a need to revise competition law goals? (New Frontiers of Antitrust - Paris, June 14th, 2019)

Bernard Amory, Charles de Navacelle, Henry de la Barre d’Erquelinnes, Simon J. Evenett • N° 4-2019

The present contributions were gathered following up the 10th edition of the “New Frontiers of Antitrust” annual Concurrences review Conference held in Paris on June 14th, 2019, at the French Ministry of Economy and Finance. The discussions revolved around four topics. The members of the first (...)

1 Nov 2019 R

Competition authorities: Which judicial review? (New Frontiers of Antitrust - Paris, June 14th, 2019)

Laurence Idot, Mélanie Thill-Tayara, Laurence Bary • N° 4-2019

The present contributions were gathered following up the 10th edition of the “New Frontiers of Antitrust” annual Concurrences review Conference held in Paris on June 14th, 2019, at the French Ministry of Economy and Finance. The discussions revolved around four topics. The members of the first (...)

1 Nov 2019 R

Restrictive trade practices in the food and retail sector: Is the end near, truly? (New Frontiers of Antitrust - Paris, June 14th, 2019)

Daniel Fasquelle • N° 4-2019

The present contribution was received following up the 10th edition of the “New Frontiers of Antitrust” annual Concurrences review Conference held in Paris on June 14th, 2019, at the French Ministry of Economy and Finance. The discussions revolved around four topics. The members of the first (...)

1 Nov 2019 R

Business & Personal data: Should access be shared? Should collection be confined? (New Frontiers of Antitrust - Paris, June 14th, 2019)

Sebastien Soriano, Veronica Pinotti • N° 4-2019

The present contributions were gathered following up the 10th edition of the “New Frontiers of Antitrust” annual Concurrences review Conference held in Paris on June 14th, 2019, at the French Ministry of Economy and Finance. The discussions revolved around four topics. The members of the first (...)

1 Sep 2019 R

Opening remarks (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

Daniel Fasquelle • N° 3-2019

The rewriting of Title IV of Book IV of the Commercial Code: Much ado about nothing? ---- Daniel Fasquelle Associate University Professor Member, LARJ (Legal Research Laboratory) EA 3603 Vice-Chairman, Economic Affairs Committee, National Assembly, Paris Introduction 1. Rewriting Title IV (...)

1 Sep 2019 R

Reorganisation of the Title IV (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

Martine Behar-Touchais, Julie Klein • N° 3-2019

The significant imbalance, a central figure of unfair commercial practices in the order of 24 April 2019? Martine Behar-Touchais Professor, School of Law, University of Paris I Panthéon-Sorbonne Institut de recherche juridique de la Sorbonne (IRJS-André Tunc) Former member, Collège du Conseil (...)

1 Sep 2019 R

Unfair practices (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

Vincent Malassigné, Olivier Deshayes, Marine Michineau • N° 3-2019

Price control Vincent Malassigné Professor, University of Versailles Saint-Quentin-en-Yvelines (University Paris-Saclay) Price control in so-called ’commercial’ relations has been strengthened over the last two years and, in particular, following Ordinance No. 2019-359 of 24 April 2019 amending (...)

1 Sep 2019 R

Implementation of the new Title IV (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

Cyril Grimaldi • N° 3-2019

The Minister’s action in the implementation of article L. 442-1 C. com. : autonomous action, to what extent? Cyril Grimaldi Professor, University of Paris 13 The action of the Minister of Economy, is often called ’autonomous’. This term does not mean much and, in any case, it must one should (...)

1 Sep 2019 R

Opening remarks (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

Chantal Arens • N° 3-2019

Introducing the annual Concurrences Paris conference of March 28, 2019, Mrs. Chantal Arens stressed that the work was in line with the reflection that leads the Paris Court of Appeal with universities and practitioners around future legislative developments. In addition, this conference was (...)

1 Sep 2019 R

Temporal application of the rules for transposing the “damages” directive (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

Enrico Camilleri, Fayrouze Masmi-Dazi • N° 3-2019

Damages claims for anticompetitive conduct after the Directive 2014/104/EU: Is it (still) worth talking about a private law remedy? Enrico Camilleri Professor, University of Palermo Directive 2014/2014/EU puts the private law remedy of non-contractual liability as the pivot of the entire (...)

1 Sep 2019 R

Limitation period for actions for damages (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

Florian Bien, Sylvaine Poillot-Peruzzetto, Mercedes Pedraz Calvo • N° 3-2019

The transposition of the rules on the limitation period for bringing an action for damages into national law - Comparative remarks Florian Bien Professor, University of Würzburg In its Manfredi and Cogéco judgments on the limitation period for actions for damages for breaches of competition (...)

1 Sep 2019 R

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)

Geneviève Rigolot, Pascal Wilhelm • N° 3-2019

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 (...)

1 Sep 2019 R

Injury assessment: Topical issues (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

Aymeric Discours • N° 3-2019

In search of a way to make up for lost time Aymeric Speech Associate Lawyer, McDermott Will & Emery, Paris While it has long been the prerogative of economists, the issue of compensation for the harmful effects of time is now at the heart of the latest case-law developments in the (...)

1 Sep 2019 R

Case study: ABB/BritNed (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

Luis Campos • N° 3-2019

ABB/BritNed Luís Campos Associate Director, Frontier Economics, Paris/London On 9 October 2018, the High Court of England and Wales issued its judgement on the litigation opposing ABB and BritNed, following a 2004 decision by the European Commission (EC) which found that ABB had participated (...)

1 Sep 2019 R

Conciliation with EU law (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

Émilie Prouzet, Laurence Idot • N° 3-2019

The Unfair Commercial Practices in the Food Supply Chain Directive Emilie Prouzet European Public Affairs Director, Federation of Commerce and Distribution, Brussels 1. In thirty years, European agriculture has experienced numerous crises, the intensity of which has particularly increased in (...)

1 Sep 2019 R

Expectations of economic operators (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

Anne-Sophie Choné-Grimaldi, Patrick Bénézit, Hugues Beyler, Jacques Davy, Antoine Suau, Valérie Weil-Lancry • N° 3-2019

A round table, moderated by Professor Anne-Sophie Choné-Grimaldi, allowed the representatives of the various links in the sectors to express themselves and discuss the content of the new texts. From upstream to downstream, this roundtable brought together: For the production: Patrick Bénézit, (...)

1 Sep 2019 R

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

Ruben Maximiano, Matteo Giangaspero, Cristina Volpin • N° 3-2019

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 (...)

1 May 2019 R

The settlement procedure: Introduction (Rendez-Vous de l’Autorité - Paris, October 2nd, 2018)

Isabelle de Silva • N° 2-2019

Three years after the introduction of the settlement procedure into the tools available to the Competition Authority, the Authority was able to witness the success and the very strong development of this procedure, with companies increasingly soliciting its application. Before the adoption of (...)

1 May 2019 R

The settlement procedure: Which enforcement in Europe? (Rendez-Vous de l’Autorité - Paris, October 2nd, 2018)

Stephen Blake, Laurent Geelhand, Laurence Idot, Katrin Roesen, Corinne Dussart-Lefret • N° 2-2019

Three years after the introduction of the settlement procedure into the tools available to the Competition Authority, the Authority was able to witness the success and the very strong development of this procedure, with companies increasingly soliciting its application. Before the adoption of (...)

1 May 2019 R

The settlement procedure: Which enforcement in France? (Rendez-Vous de l’Autorité - Paris, October 2nd, 2018)

Muriel Chagny, Nicolas Guérin, Irène Luc, Stanislas Martin, Anne Wachsmann • N° 2-2019

Three years after the introduction of the settlement procedure into the tools available to the Competition Authority, the Authority was able to witness the success and the very strong development of this procedure, with companies increasingly soliciting its application. Before the adoption of (...)

1 Feb 2019 R

Buyer power and supplier platforms merger: What role for competition authorities? (Paris, 21 Febr. 2019)

Daniel Fasquelle, Romain de Nijs • N° 1-2019

These articles were collected following the Seminar ’Buyer power and supplier platforms merger: What role for competition authorities?’ organized by Concurrences on 21 February 2019 in Paris. The first contribution focuses on the legislative and jurisprudential difficulties in containing the rise (...)

1 Nov 2018 R

Introduction (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Hanhong Wu, Wei Tan • N° 4-2018

The article below introduces 9 articles related to the conference "10 years of Anti-Monopoly Law in China" held in Beijing on July 14, 2018 and published in this issue of Concurrences N°4-2018. Introduction Wei Tan Managing Director, Mingde Economic Research Inc., Washington, D.C Hanhong Wu (...)

1 Nov 2018 R

Opening remarks (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Hanhong Wu • N° 4-2018

This paper reviews the major achievements since the implementation of China’s antimonopoly policy. The paper demonstrates that the implementation of antimonopoly law promoted the formation of a market system and improvement of market system. The role of China’s anti-monopoly policy in building a (...)

1 Nov 2018 R

Merger control (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Shan Jiao, Wei Tan, Ying Qin • N° 4-2018

These papers review the use of FRAND commitment as merger remedy and the risks of Un-notified Concentrations in China. The paper looks at the economic meaning of FRAND price after the merger, the potential abuse of FRAND commitment and the implication of these remedies. By the end of this (...)

1 Nov 2018 R

Anti-competitive agreement and abusive conduct (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Alastair Mordaunt, Hazel Yin, Kailun Ji, Ninette Dodoo, Tracy Lu • N° 4-2018

Cartels have been an enforcement priority in China since the Anti-Monopoly Law entered into force on 1 August 2008. Notwithstanding this focus on cartel enforcement, the authorities have, over time, expanded into other areas of potential anti-competitive conduct between competitors such as (...)

1 Nov 2018 R

IP and antitrust litigation (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Guanbin Xie, Li Zhu, Xuting Wu • N° 4-2018

In April 2017, Beijing High Court issued its Guidelines on the Ruling of Patent Infringements and one year later, Guangdong High Court issued its Guidelines for the Trial of SEP Disputes (for trial implementation) on 26 April 2018. Both of these Guidelines tried to resolve the SEP-related (...)

1 Nov 2018 R

Round table (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Alastair Mordaunt, Hazel Yin, Janet Wang, Ming Shang, Ninette Dodoo • N° 4-2018

Over the past ten years, China has quickly established itself as one of the world’s three major antitrust regimes alongside the European Union and the United States, impacting international business activities with its active merger control regime, antitrust investigations resulting in (...)

1 Sep 2018 R

Dominance and monopolization: EU vs. US? (New Frontiers of Antitrust - Paris, 11 June 2018)

Alan Ryan, Jorge Padilla • N° 3-2018

These notes discuss why competition law enforcement differs across jurisdictions and consider whether such a divergence is justified. They conclude that it is insofar as differences in policy reflect differences in the underlying economy or differences in policy preferences. But they should be (...)

1 Sep 2018 R

Online distribution: Are the rules now set? (New Frontiers of Antitrust - Paris, 11 June 2018)

Mark D. Powell • N° 3-2018

The steady growth of e-commerce continues to change the competitive landscape in which traditional bricks-and-mortar retailers operate. It is undeniable that this rapid growth is putting immense pressure on traditional retailers. Competition policies may have unwittingly accentuated the crisis (...)

1 Sep 2018 R

Urgency in antitrust cases: Always too late? (New Frontiers of Antitrust - Paris, 11 June 2018)

Laurence Idot • N° 3-2018

After an alignment of French rules to European rules, the two sets of rules have evolved differently from one another. The topic is once again at the forefront, following the first Google case, but even more following the ECN+ submission, which stipulates that all NCA must be provided with this (...)

1 Sep 2018 R

Mergers and gun jumping: What are companies actually allowed to do? (New Frontiers of Antitrust - Paris, 11 June 2018)

Antoine Winckler • N° 3-2018

Gun jumping has come to the forefront of antitrust enforcement in a number of important jurisdictions, including the European Union and France.  A consensus has emerged, particularly regarding infringements resulting from the acquisition of control through shares and voting rights and the central (...)

1 Sep 2018 R

Selective distribution : Evolutions and application to the luxury sector (Nasse Seminar - Paris, 24th May 2018)

Emmanuel Combe, Etienne Pfister, Jérôme Philippe • N° 3-2018

During the Nasse Seminar organized the 24th of May of 2018, Emmanuel Combe (Vice-president of the Competition authority) and Jérôme Philippe (economist, lawyer at Freshfields Brukhaus Dringer) talked about the selective distribution, its evolution and its application to the luxury sector. The (...)

1 Feb 2018 R

Algorithms and competition (Paris, 6 June 2017)

Serge Abiteboul, Thierry Pénard • N° 1-2018

Computer science and digital information have profoundly transformed business. This transformation comes with immense promises but also considerable risks. It is obviously as false to believe in all these promises as to be convinced of the inevitability of all the risks. In this article, we (...)

1 Feb 2018 R

Intellectual property and competitive behaviours in the pharmaceutical industry (Nasse Seminar - Paris, 9th November 2017)

David Tayar, Emmanuel Combe, Laurent Flochel • N° 1-2018

During the Nasse Seminar organized the 9th of November of 2017, David Taylar (lawyer ar Clifford Chance) and Laurent Flochel (economist, vice-president du cabinet Charles River Associate) talked about intellectual property and competitive behaviours in the pharmaceutical industry. This seminar (...)

1 Feb 2018 R

Excessive prices (Nasse Seminar - Paris, 27th September 2017)

Anne Perrot, Etienne Pfister, Jacques-Philippe Gunther • N° 1-2018

During the Nasse Seminar organized the 27th of September of 2017, Anne Perrot (associate at the consulting firm MAPP) and Jacques-Philippe Gunther (lawyer at Willkie Farr & Gallagher LLP) talked about excessive prices. The seminar was animed by Etienne Pfister, chief of economic (...)

1 Nov 2017 R

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

Damien Neven • N° 4-2017

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 (...)

1 Nov 2017 R

Innovation and competition: Are mergers promoting innovation? (New Frontiers of Antitrust - Paris, 26 June 2017)

Isabelle de Silva, Justus Haucap • N° 4-2017

The question how mergers affect innovation has gained prominence in a number of recent merger cases. Accounting for the likely effects of mergers on innovation is difficult for a number of reasons, though. First of all, the relationship between market concentration and innovation is far from (...)

1 Nov 2017 R

Competition authorities: Towards more independence and prioritisation? (New Frontiers of Antitrust - Paris, 26 June 2017)

Eric Barbier de la Serre, José María Marín-Quemada, Laurence Idot • N° 4-2017

Independence and transparency go hand by hand and are of the utmost importance for competition authorities. Transparency is a safeguard for independence. Competition authorities must be independent by definition regarding both the public and the private sector. Total independence should be (...)

1 Nov 2017 R

Opening (New Frontiers of Antitrust - Paris, 26 June 2017)

Marc van der Woude • N° 4-2017

In 2015 the legislator decided that the number of judges at the General Court be doubled in three successive steps so as to allow it to face its increasing workload and to rule within a reasonable delay. This contribution briefly explains which measures the General Court adopted to implement (...)

1 Sep 2017 R

Introductory remarks (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

Florian Bien • N° 3-2017

1. As of June 2017, the majority of the EU Member States have implemented the EU Directive on Private Damages Actions (2014/104/EU). In doing so, the national legislators bring the sustained efforts of the Commission, namely to foster the private enforcement of EU competition law to a (...)

1 Sep 2017 R

Private damages actions before and after the implementation of the Directive (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

Cristoforo Osti, Florian Bien, Florian Wagner-von Papp, Frank Kroes, Laurence Idot • N° 3-2017

The majority of Member States have implemented the European Directive on Private Damages Actions for Breach of Competition Law, into their respective law, albeit with some delay. In particular, England, Germany, and the Netherlands, but also France and Italy have faced a certain number of (...)

1 Sep 2017 R

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)

Florian Wagner-von Papp, Frank Kroes, Jochen Bernhard, Laurence Idot, Marcella Negri • N° 3-2017

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 (...)

1 Sep 2017 R

Disclosure of evidence included in the file of a competition authority (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

Alex Petrasincu, Cristoforo Osti, Florian Wagner-von Papp, Frank Kroes, Laurence Idot • N° 3-2017

The disclosure provisions of the EU Damages Directive allow national courts to order competition authorities to disclose certain documents and information in damages proceedings. In addition, private parties can also be ordered to disclose certain evidence that they have obtained through access (...)

1 Sep 2017 R

Binding effect of decisions of national authorities (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

Catherine Prieto, Florian Wagner-von Papp, Frank Kroes, Jens-Uwe Franck, Marcella Negri • N° 3-2017

Article 9 of the Damages Directive requires Member States to ensure that an infringement of competition law found by a final decision of a national competition authority is deemed to be irrefutably established for the purposes of an action for damages brought before their national courts. While (...)

1 Sep 2017 R

Limitation periods (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

Catherine Prieto, Florian Wagner-von Papp, Frank Kroes, Marcella Negri, Oliver Remien • N° 3-2017

Limitation periods could imperil the enforcement of competition damage claims and in the footsteps of the Manfredi case of the ECJ artt. 10, 11 and 18 of the Damages Directive therefore give complex rules on this issue. France, Germany, Italy, the Netherlands and the United Kingdom have adapted (...)

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