TRENDS : COMPETITION PROCEEDINGS - COMMITMENTS MONITORING - BREACH OF COMMITMENTS - LAWYER’S POINT OF VIEW - FRENCH COMPETITION AUTHORITY - MONITORING TRUSTEE ROLE - ARBITRATORS ROLE

The breach of commitments in competition proceedings

This set of articles explores the case of breach of commitments in competition proceedings. Recent cases, in France and abroad, have highlited issues that commitments monitoring may cause. Thierry Dahan and Christophe Lemaire express here the lawyers general point of view in antitrust law, whereas Pascal Wilhelm concentrate on the case of merger commitments. Alain Mouzon details the French Competition Authority point of view. Patrick de Bonnières provides his experience has a monitoring trustee. Finally, Laurence Idot goes in detail into the role of arbitrators faced to competition commitments.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Compliance with commitments made to the competition authoritiesIntroduction David Bosco Professor, University of Nice Sophia-Antipolis 1. Perhaps our vocabulary lacks a word to describe a phenomenon in competition litigation which, although not really new, has recently taken on considerable importance. This phenomenon is due to the fact that the litigation of competition issues is more than ever a long-term process. The resolution of competition issues by the competition authority is no longer just instantaneous, as is the case when the authority imposes a fine for acts of collusion or abuse of a dominant position, or when it unconditionally authorises or

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Authors

  • University Paris II Panthéon‑Assas
  • University of Paris I Panthéon-Sorbonne
  • University of Aix-Marseille
  • Wilhelm & Associés (Paris)
  • French Competition Authority (Paris)
  • Advolis Orfis (Paris)

Quotation

Laurence Idot, Thierry Dahan, Christophe Lemaire, David Bosco, Pascal Wilhelm, Alain Mouzon, Patrick de Bonnières, The breach of commitments in competition proceedings, February 2012, Concurrences N° 1-2012, Art. N° 41910, pp. 12-31

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