Competition journals: Jan. - March 2014

This section of the review Concurrences selects articles and working papers on themes related to competition laws and economics, mainly, but not only, in the English and French languages. This compilation does not attempt to be exhaustive but rather a survey on themes important in the area. The survey usually covers publications over the last three months after release of the latest issue of Concurrences. Articles and working papers published on the Internet only are also welcome. Authors, editors and publishers are welcome to send their papers to aronzano@ccip.fr for review in this section.

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1. General - Scope of application

The evolution of European competition law: challenges and changes in the Community method > O. STEPHAN AND A. VAN WAEYENBERGE (CDE, 2/ 2013, p. 395)

Competitiveness, competition and reciprocity > Edited by V. DE BEAUFORT (RDUE, Feb. 2014, No. 575, p. 110)

Sports rights, pay-TV and competition: what results after ten years of regulation? > A. ERRERA (RLC 2013/38, n° 2492, p. 132)

Biosimilar drugs: challenges and strategy > S. KUPFER and J.-M. JOB (JCP ed. E, No 49, 5 Dec. 2013, 1674, p. 27)

Greed in competition law (Proceedings of the colloquium organized by the Paris Bar School on October 15, 2013 on "Greed in business law") > T. PICOT (Gaz. Pal., Dec. 29-31, 2013, Nos. 363-365, p. 13)

Is competition law a social law? > M. MALAURIE-VIGNAL (Contracts, conc., consum. Jan. 2014, No. 1, benchmark 1)

Competition from the partner > P.-D. CERVETTI (Contracts, conc., consum. Jan. 2014, No. 1, Study 2)

European Commission Report on Competition Policy for 2012 > Y. BROUSSOLLE (Small posters, Jan. 15, 2014, No. 11, p. 8)

Fourth Activity Report of the Competition Authority > P. ARHEL (Petites affiches, Dec. 16, 2013, No. 250, p. 18)

Activity of the European Union courts in competition law (June 2013 and July 2013) > P. ARHEL (Petites affiches, 17 Jan. 2014, No. 13, p. 3; Petites affiches, 11 Mar. 2014, No. 50, p. 4)

Activity of the Paris Court of Appeal in the field of anti-competitive practices (Sept. to Dec. 2013) > P. ARHEL (Small posters, Feb. 3, 2014, No. 24, p. 6)

Competition Chronicle > L. IDOT (Europe, Jan. 2014, No. 1, comm. 29-31; Feb. 2014, No. 2, comm. 79-85)

Competition Chronicle > D. BOSCO and G. DECOCQ (Contracts, conc., consum. Jan. 2014, No. 1, comm. 13 to 19; Feb. 2014, No. 2, comm. 45 to 48; Mar. 2014, No. 3, comm. 69 to 74)

Economic Law Chronicle > C. MATHONNIERE (RLDA 2013/87, No 4824 to 4828, p. 43; RLDA 2013/88, No 4870 to 4873, p. 36; RLDA 2014/89, No S 4926 to 4930, p. 39; RLDA 2014/90, No 4962, p. 36)

Bi-Annual Competition Law Chronicle > A. LECOURT (RLDA 2014/90, No. 4974, p. 60)

Competition rules applicable to undertakings > T. FOUQUET, V. GIACOBBO-PEYRONNEL, J. SLADIC and E. VANHAM (JDE, No. 206, Feb. 2014, p. 71)

Competition Chronicle > (RJDA, No. 1, Jan. 2014, p. 61; No. 2, Feb. 2014, Nos. 170-177; No. 3, March 2014, Nos. 273-274)

"Undertakings in competition law at the public-private interface - an unhealthy situation > D. SINCLAIR (European Competition Law Review, 2014, Vol. 35, Issue 4, pp. 167-171)

Competition law enforcement and corporate group liability - adjusting the veil > P. HUGUES (European Competition Law Review, 2014, Vol. 35, Issue24, pp. 68-871)

Perspectives on the In-House Practice of Antitrust Law > R. HOFFINGER (CPI Antitrust Chronicle, April 2013 (2))

The right to property: new ammunition for competition litigation? > A. KALINTIRI (Competition Law Journal, 2013, Vol. 12, Issue 4, pp. 416-427)

Innovation and Optimal Punishment, with Antitrust Applications > K.N. HYLTON AND H. LIN (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 1-25)

Restraints on Quality Competition > R.D. BLAIR AND C. PIETTE DURANCE (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 27-46)

Loyal or Locked-In - and why should we care? > T. BJÖRKROTH (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 47-62)

Too Much Information Sharing? Welfare Effects of Sharing Acquired Cost Information in Oligopoly > J.-J. GANUZA AND J. JANSEN (The Journal of Industrial Economics, 2013, Vol. 61, Issue 4, pp. 845-876)

The Effects of Retail Regulations on Prices: Evidence from the Loi Galland > P. BISCOURP, X. BOUTIN AND T. VERGÉ (The Economic Journal, 2013, Vol. 123, Issue 573, pp. 1279-1312)

2. Agreements

2.1. General

Current developments in judicial review of cartel decisions > L. IDOT (RTD eur. 4/2013, p. 833)

Indirect evidence of the existence of a cartel and legal certainty in European competition law > C. GALOKHO (RTD eur. 4/2013, p. 727)

Is The Definition of a Cartel Ballooning ? > R. WESSELING (CPI Antitrust Chronicle, December 2013 (1))

Most favoured customer clauses > L. EVANS, A. KUTI and I. REYNOLDS (Competition Law Insight, 10 December 2013, p. 17)

IP and Competition > J.-F BELLIS (Journal of European Competition Law and Practice, 2014, Vol. 5, No. 2)

An object of interest: the Lundbeck decision has procided a lot of food for thought > B. ADKINS and S. BEIGHTON (Competition Law Insight, 18 February 2014, p. 10)

Cartel Overcharges and the Deterrent Effect of EU Competition Law > F. SMUDA (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 63-86)

Methods for Quantifying Antitrust Damages: the Pasta Cartel in Italy > G. NOTARO (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 87-106)

Evaluating Antitrust Leniency Programs > J.-R. BORRELL, J.L. JIMÉNEZ AND C. GARCÍAS (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 107-136)

Price Hysteresis after Antitrust Enforcement: Evidence from Spanish Food Markets > J.M. ORDÓÑEZ-DE-HARO AND J.L. TORRES (Journal of Competition Law and Economics, 2014, Vol. 10, Issue 1, pp. 217-256)

Multi-Market Collusion with Demand Linkages and Antitrust Enforcement > J.P. CHOI AND H. GERLACH (The Journal of Industrial Economics, 2013, Vol. 61, Issue 4, pp. 987-1022)

Collusion or Competition? Interim Relationships in the Chinese Auto Industry > W. HU, J. XIAO AND X. ZHOU (The Journal of Industrial Economics, 2014, Vol. 62, Issue 1, pp. 1-40)

2.2. Distribution

Selective distribution of cosmetic and personal hygiene products > J. RIFFAULT-SILK (RJDA, No. 1, Jan. 2014, Study and doctrine, p. 2)

Challenging the traditional model of distribution allowed by the liberalisation of Internet sales > P. LEMAY (RLDA 2013/88, No. 4892, p. 76)

See also, Distribution of cosmetics and medicines: the inevitable marketing via the Internet? A. MENDOZA-CAMINADE (D., 23 January 2014, No. 3, Note, p. 192).

Storm warnings in the online hotel booking industry > V. PIRONON (Comm, Electr. Com., No. 1, Jan. 2014, Comm. 7)

Chronicle Distribution Law > J.-M. LELOUP (RJ com., July-August 2013, No. 4, p. 347)

Chronicle Distribution and competitor protection > M. MALAURIE-VIGNAL and N. M. MATHEY (Contracts, conc., consum. Jan. 2014, No. 1, comm. 4 to 12; Feb. 2014, No. 2, comm. 36 to 44; Mar. 2014, No. 3, comm. 63 to 68)

3. Abuse of dominance

Predation before the common law judge (new episode) > M. CHAGNY (Comm., Electr. Com., No. 1, Jan. 2014, Comm. 6)

A critical approach to controlling the exercise of private economic power through the abuse of economic dependence > F. MARTY and P. REIS (International Journal of Economic Law, 2013/4, vol. XXVII, pp. 579-588).

Infogreffe passes its competitive exam! > Mr. CHAGNY (Comm, electr. com., No. 2, Feb. 2014, comm. 18)

The Paris Court initiates proceedings to delimit the boundaries of Google Maps > R. MILCHIOR (Expertises Jan. 2014, p. 30)

The application of Article 102 TFEU by the European Commission and the European Courts > R. SUBIOTTO and D. LITTLE (Journal of European Competition Law and Practice, 2014, Vol. 5, No. 3)

Denigrating Competitors: To What Extent is it permissible under Article 102 TFEU (France) ? > L. DOSOGNE (Journal of European Competition Law and Practice, 2014, Vol. 5, No. 13)

4. Restrictive practices

Contractual clauses in the face of "significant imbalance" - State of the case law > J.-L. FOURGOUX and L. DJAVADI (JCP ed. E, No. 50, 12 Dec. 2013, 1691, p. 29)

Some avenues for improving the law on practices restricting competition > M. BEHAR-TOUCHAIS (RLC 2013/38, No. 2459, p. 36)

Breach of the road subcontracting contract or the art of combining transport law and competition law > D. BAZIN-BEUST (JCP ed. E, No. 51-52, Dec. 19, 2013, 1704, p. 34)

Industrial-commercial relations: summary of legal issues during commercial negotiations > G. PEZZALI and T. TITONE (RLC 2013/38, No 2494, p. 181)

Compensation for abrupt termination of commercial relations - Overview of case law > K. COPET (JCP ed. E, No. 7, 13 Feb. 2014, 1078, p. 49)

Rules of procedure of Article L. 442-6, III and formal requirements of Article L. 442-6, I, 5 of the French Commercial Code (note ss. Cass. com., Sept. 24, 2013) > C. MOULY-GUILLEMAUD (Petites affiches, 17 March 2014, No. 54, p. 6)

Judicial assessment of reasonable notice to reduce contractual notice: public policy or contractual abatement? > C. MOULY-GUILLEMAUD (RLDA 2014/89, No 4925, p. 36)

The abrupt termination of commercial relations > B. SAINTOURENS, F. CAPORALE, M. LECENE-VILLEMONTEIX and P. DUPRAT (Cah. droit de l’entreprise, Jan-Feb 2014, n° 1, dossier, pp. 21-44)

The abrupt rupture of established commercial relations (comment ss. Cass. Com., July 9, 2013, n°12-20-468) > M. LANDAIS-PETIT (RJEP, n°716, Feb. 2014, p. 15)

Nullity of an abusive referral premium (Cass. com., June 25, 2013) > É. GARAUD (Small posters, Jan. 3, 2013, No. 3, p. 9)

Five years of case law on the concept of "significant imbalance". > R. STREET and N. CONTENTS (JCP éd. G, n°s 10-11, March 10, 2014, 323, p. 504)

Breach of a distribution contract: motivation, conversion, good faith (note ss. Cass. com. Oct. 8, 2013, SA Fiat France) > N. MATHEY and J.-L. RESPAUD (JCP ed. E, No. 6, Feb. 6, 2014, 1063, p. 35)

Dealer: abrupt termination and notice of contract > N. MATHEY (JCP ed. E, No. 50, Dec. 12, 2013, 1693, p. 44)

Storm warning in the online hotel booking sector (comment ss. ECCP, Opinion No. 1310, 17 Sept. 2013) > V. PIRONON (Comm., Elect. Com., No. 1, Jan. 2014, p. 38)

Few comments were received from the Business Practices Review Commission. This one is all the more interesting in that it deals with the question of contracts which are not contractually governed by French law but which may nevertheless be subject to the provisions of French public policy, in particular those of Article L. 442-6 of the Commercial Code, which gives the Minister the power to impose a civil fine. Also, the Commission’s opinion is worth quoting in that it applies the theory of the known cumulative effect of anti-competitive practices to restrictive practices, from which it can be inferred that the accumulation of clauses without reciprocity and counterparts could constitute a significant imbalance which is sanctioned by the provisions of Article L. 442-6 of the Commercial Code.

5. Concentrations

Merger law chronicle > D. BOSCO (Contracts, conc., consom. Jan. 2014, No. 1, Chron. 1)

Further modernisation of the German competition rules: competition, regulation and effectiveness > L. NICOLAS-VUILLIERME (Contracts, conc., consom. March 2014, No. 3, Chron. 4)

Cancellation of a concentration in the free TV sector > V. PIRONON (Comm, Electr. Com., No. 2, Feb. 2014, Comm. 19)

The need for a proper determination of turnover in merger cases > N. KOS’ISAKA (JCP ed. G, No. 5, 3 Feb. 2014, 151, p. 218)

Cooperation, Convergence, and... Conflicts? The case of EU and National Merger Control > A. BARDONG (CPI Antitrust Chronicle, June 2013 (2))

Evaluating the merger control process > K. HÜSCHELRATH (Competition Law Journal, 2013, Vol. 12, Issue 4, pp. 428-451)

EU merger control in 2013 > C. HATTON and D. CARDWELL (Competition Law Insight, 21 January 2014, p. 10)

Post-cartel merger activity > C. HAMPTON (Competition Law Insight, 18 February 2014, p. 1)

Some lessons from Bazaarvoice > P. LEVITAS (CPI Antitrust Chronicle, March 2014 (1))

UK Merger control > M. ISRAEL and N. M. ISRAEL and N. DIMOPOULOS (Competition Law Insight, 18 February 2014, p. 6)

A Model of Market Power in Customer Markets > P. SOMAINI AND L. EINAV (The Journal of Industrial Economics, 2013, Vol. 61, Issue 4, pp. 938-986)

vGUPPI: Scoring Unilateral Pricing Incentives in Vertical Mergers > S. MORESI AND S.C. SALOP (Antitrust Law Journal, 2014, Vol. 79, Issue 1)

The Price Effect of the Delta/Northwest Airline Merger > D. LUO (Review of Industrial Organization, 2014, Vol. 44, Issue 1, pp. 27-48)

City-Pairs Versus Airport-Pairs: A Market-Definition Methodology for the Airline Industry > J.K. BRUECKNER, D. LEE AND E. SINGER (Review of Industrial Organization, 2014, Vol. 44, Issue 1, pp. 1-25)

Evidence on the Accuracy of Merger Simulations > M.C. WEINBERG AND D. HOSKEN (Review of Economics and Statistics, 2013, Vol. 95, Issue 5, pp. 1584-1600)

Estimation of Random-Coefficient Demand Models: Two Empiricists’ Perspective > C.R. KNITTEL AND K. METAXOGLOU (Review of Economics and Statistics, 2014, Vol. 96, Issue 1, pp. 34-59)

6. State aid

Public support measures for firms in difficulty under the prohibition of State aid > O. BILLARD and S. MARTIN (RLC 2013/38, n° 2493, p. 151)

Administrative contract and State aid > L. VIDAL (Contracts, conc., consom. Jan. 2014, No. 1, alert 1)

A wind of anger blowing from the Palais-Royal in Luxembourg: the feed-in tariff for wind power, illegal state aid > P. THIEFFRY (D., 30 Jan. 2014, No. 4, Studies and Commentaries, p. 224)

Opinion on the Railway Reform Bill > (D. Adm., No. 1, Jan. 2014, p. 41)

Annual digest of State aid case law for 2013 > L. AYACHE and Q. LEJEUNE (RDUE, March 2014, No. 576, p. 188)

State Aid Litigation before EU Courts (2004-2012): A Statistical Overview > P. COLOMO (Journal of European Competition Law and Practice, 2013, Vol. 4, No. 6)

Services of General Economics Interest and State Measures Affecting Competition > E. SZYSZCZAK (Journal of European Competition Law and Practice, 2013, Vol. 4, No. 6)

A tricky question of State Aid > P. WERNER and M. MAIER (Competition Law Insight, 21 January 2014, p. 13)

7. Public sector and competition

Markets, concessions, SGEIs, "in house" ... the necessary European adjustments of French local authorities > P.-Y. MONJAL (RDUE, 4-2013, p. 623)

The "analogous control" test in the in house exemption: the hope of clarifying a singularly altered notion > M. BRABANT (RJEP. No. 747, March 2014, p. 4)

This article goes back in detail to the case law, both European and national, on the "in house" derogation and more specifically on one of its constitutive criteria, that of the so-called "analogous" control. After underlining the uncertainties largely due to obscure, even contradictory case law, the article welcomes the recent efforts of the CJEU and the Council of State, which have made it possible to make the constituent elements of this criterion more readable, particularly when such control is held by a very large number of local authorities. However, it also regrets that these elements of clarification have not been included in the new Directives on contracts and concessions, recently adopted by the European Parliament and the Council of the European Union, which, rather than providing a framework for this type of derogation, opens it up beyond what was previously authorised by case law.

In-house: a very minority shareholding in the capital of a local public company is not sufficient to establish the existence of similar control > F. BRENET (D. Adm., No. 1, Jan. 2014, p. 41)

First overview of the Directives on contracts and concessions > G. CLAMOUR (Contracts and Public Procurement, No. 3, March 2014, p. 19)

Which direction(s) for the new procurement and concessions directives? > F. LLORENS (Contracts and Public Procurement, No. 3, March 2014, p. 1)

The creation of a local public company does not preclude submission to the rules on advertising and competition. > M. AMILHAT (Contracts and Public Procurement, No. 1, Jan. 2014, p. 35)

8. Procedures

8.1. General

The ne bis in idem principle in EU competition law > G. GAULARD (CRC, 3/ 2013, p. 703)

Simple competition investigations: not so simple investigations > M. GINER ASINS and A. SANZ (JCP ed. E, No. 4, 23 Jan. 2014, 1029, p. 28)

Do NCAs have the power to exonerate undertakings from liability or to grant them exemptions from punishment? (note ss. CJEU 18 June 2013, Case C-681/11, Bundeswettbewerbsbehörde and Bundeskartellanwalt) > G. DECOCQ (RJ com., Sept.-Oct. 2013, No. 5, p. 411)

The role and professional secrecy of the lawyer in the face of visits and seizures of competition law > L. SAENKO (Contracts, conc., consum. March 2014, No. 3, Chron. 5) (JCP ed. E, No. 5, 30 Jan. 2014, 1050, p. 33)

Competition investigations: role of lawyers and global seizure of computer files > B. RUY (JCP éd. G, No. 50, 9 Dec. 2013, 1302, p. 2270)

Authorization of visits and seizures: clues versus presumptions > B. RUY (JCP ed. G, No. 5, Feb. 3, 2014, 130, p. 196)

Fiat lux...? - The European Commission’s updated explanatory note on dawn raids > C. KOVACS (European Competition Law Review, 2014, Vol. 35, Issue 4, pp. 162-166)

A very simple reform: the statement of objections and the final decision should be drafted separately > J. TEMPLE LANG (Competition Law Insight, 21 January 2014, p. 15)

Jointly and severally liable > F. HOFFMANN (Competition Law Insight, 10 December 2013, p. 13)

8.2. Sanction Policy - Clemency - Settlement - Undertakings

European Court of Human Rights: review of sanctions imposed under competition law > D. SPIELMANN and P. TITIUN (JDE, No. 204, Dec. 2013, p. 378)

Procedural rights of undertakings in EU cartel proceedings > J. JOURDAN (EDJ, No. 204, Dec. 2013, p. 381)

Too Much of a Good Thing: Is Heavy Reliance on Leniency Eroding Cartel Enforcement in the United States? > M. DIXON, E. KATE and J. MCDAVID (CPI Antitrust Chronicle, February 2014 (2))

10 Ways to Preserve the Lustre of Leniency >G. MURRAY and D. TWEEN (CPI Antitrust Chronicle, February 2014 (2))

The "Discoverability" of Leniency Documents and the Proposed Directive on Damages Actions for Antitrust Infringements > K. NORDLANDER and M. ABENHAÏM (CPI Antitrust Chronicle, February 2014 (2))

Stick or twist: Is it time for a review of the EU settlement process? > M. TRICKER and C. M. TRICKER and C. ANGELI (Competition Law Insight, 18 February 2014, p. 8)

A question of deference: It is time to get tougher about European Commission fining decisions > B. ADKINS (Competition Law Insight, 21 January 2014, p. 8)

8.3. Actions for damages

Reflection on class action in competition law > J. CATALA-MARTY (Gaz. Pal., 28 Feb.-1 March 2014, No. 59-60, p. 11)

French-style" group action, from the globalisation of procedures to the consumer bill > N. LIGNEUL (Gaz. Pal., Jan. 24-25, 2014, No. s24-25, p. 11)

The draft Directive on competition law damages - what does it mean for infringers and victims? > A. HOWARD (European Competition Law Review, 2014, Vol. 35, Issue 2, pp. 51-55)

The private claims directive > J. TEMPLE LANG (Competition Law Insight, 10 December 2013, p. 9)

Estimating damages from the global LCD cartel: the role of economics > A. CHOWDHURY and R. NOBLE (Competition Law Journal, 2013, Vol. 12, Issue 4, pp. 48-761)

9. Regulations

Regulating the supply of wind power > M. BAZEX (D. Adm., No. 3, March 2014, p. 39)

ARCEP’s contribution to the organization of the interconnection and data transmission markets > M. BAZEX (D. Adm., No. 1, Jan. 2014, p. 41)

Taxis, competition and the law > R. NOGUELLOU (D. Adm., No. 3, March 2014, p. 3)

10. International policy

International cooperation between competition authorities: "between the hammer and the anvil"? > V. DEMEDTS (EUDR, Feb. 2014, No. 575, p. 101)

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Authors

Quotation

Alain Ronzano, Bastien Thomas, Emmanuel Frot, Mathilde Brabant, Christelle Adjémian, Competition journals: Jan. - March 2014, May 2014, Concurrences N° 2-2014, Art. N° 65460, pp. 253-257

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