White & Case (Brussels)

Jérémie Jourdan

White & Case (Brussels)
Partner

Jérémie Jourdan’s main areas of practice include EU and French competition law. He has represented several clients in investigations before the European Commission and EU Courts. For example, he has been representing French pharmaceutical company Servier in its appeal against the Commission decision in the Perindopril case before the Tribunal (T-691/14), which led to a partial annulment of the objections brought by the Commission under Article 101 and a full annulment of the objections brought under Article 102. He also successfully represented Toshiba in case T-104/13, in which the General Court partially annulled the Commission decision in the Cathode Ray Tube case (28 million euros fine reduction), and a French joint purchasing retail structure (INCA Achats) in its successful appeal against a Commission dawn raid decision, which was partially annulled by the General Court (T-254/17). Mr. Jourdan also routinely represents clients before the European Commission in Phase 1 and Phase 2 merger control reviews, including mostly recently Metso Corporation and Outotec in their merger in the area of mining machinery and Deutsche Telekom/Mobile in its acquisition of Tele 2 in the Netherlands. Between 2010 and 2012, Jérémie Jourdan worked as an adviser to the Competition Hearing Officers of the European Commission.

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Articles

11037 Bulletin

Jérémie Jourdan, Katarzyna Czapracka, Axel P. Schulz, Tilman Kuhn, Peter Citron The EU General Court confirms the Commission’s decision fining an audio visual company €28M for gun jumping in warehousing scheme (Canon / Toshiba)

211

On 18 May 2022, the EU General Court (GC) upheld the European Commission’s (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms that structures such as the one at issue are not allowed under EU law (...)

Jérémie Jourdan, Jérémie Marthan, Rahel Wendebourg The French Competition Authority unconditionally authorizes the acquisition of a furniture retailer by a furniture retail distribution company under the failing firm defence (Mobilux / Conforama)

558

The French Competition Authority (’FCA’) has unconditionally authorized the acquisition of furniture retailer Conforama by Mobilux under the failing firm defence (’FFD’). Background On 8 July 2019, Mobilux group (’Mobilux’) announced its intention to acquire Conforama. Mobilux is the parent company (...)

Camille Coulon, Jérémie Marthan, Jérémie Jourdan, Rahel Wendebourg The French Competition Authority fines a company for gun-jumping in a case relating to a progressive takeover and de facto control in the spirit market (Cofepp / Marie Brizard Wine & Spirits)

260

On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de Participation ("COFEPP") EUR 7 million for both (i) failure to notify its merger with Marie Brizard Wine & Spirits ("MBWS") and (ii) completion of the merger prior to the FCA’s approval. The FCA launched the (...)

Nicholas Forwood, Jérémie Jourdan, Cornelius Börner Judicial review & burden of proof in unilateral practice cases : An overview of EU and national case law

1038

The timing of this latest work in the impressive series of Concurrences projects could hardly have been more apt. 2020 was a bumper year, in both EU and national courts, for judgments involving judicial review of enforcement decisions in unilateral cases. At the same time, however, of the most significant unilateral cases pending before the General Court, three – Intel (on renvoi), Google (shopping) and Google (Android) are, at the time of writing, still in délibéré, with judgments expected later this year or next. Lawyers, economists and, above all, businesses at risk of being regarded as dominant, especially in the digital sector, will be looking to the judgments in these cases, each of which has its distinctive facts, to clarify the analytical framework for determining whether, and specifically why, unilateral conduct of a dominant undertaking crosses the – sometimes all too obscure – line into transgression. It, therefore, seemed to the Editors that, while waiting for these three judgments (and then, in all probability, the results of any appeals), many practitioners might find it useful to look back over recent years to see how the judicial review of decisions of competition authorities, both Commission and national (NCAs), has evolved.

Peter Citron, Tilman Kuhn, Assimakis Komninos, James Killick, Jérémie Jourdan The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)

694

On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

Jérémie Jourdan, Jérémie Marthan, Tilman Kuhn The EU Commission rejects gun jumping claims in a merger transaction between two companies in the water and waste management market (Veolia / Suez)

491

In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez’s gun jumping claim and provides further clarifications on the scope of the exemption to the standstill obligation in the case of two-step acquisitions encompassing a public bid. (...)

Jérémie Jourdan, Tilman Kuhn, Guy Potel, Patrick Sarch, Mario Barka The EU Commission starts two studies into the mobile payment sector after setting out its financial digital package

98

The EC is seeking to investigate the mobile payments sector by launching two tenders by the end of October for the provision of expert reports on the sector. The first tender aims to “gather informed knowledge, in the form of a report, about the state and evolution of contactless and mobile (...)

Jérémie Jourdan, Tilman Kuhn, Thilo-Maximilian Wienke, Katarzyna Czapracka The EU Commissioner for Competition Vestager announces broader use of EUMR Article 22 to catch potential "killer acquisitions" and simplified filing procedure for most other mergers

25

This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent speech by the European Commission’s (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the (...)

Assimakis Komninos, James Killick, Jacquelyn MacLennan, Jérémie Jourdan, Strati Sakellariou-Witt, Jan Jeram, Axel P. Schulz The EU Court of Justice endorses an effects-based assessment of rebates (Intel)

833

This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot (...)

Axel P. Schulz, James Killick, Jérémie Jourdan, Mark D. Powell The EU Court of Justice annuls a decision of the Commission requesting information on the ground that the decision did not sufficiently explain why the information requested was necessary (Italmobiliare, Schwenk Zement, HeidelbergCement and Buzzi Unicem)

953

Introduction On 10 March 2016, the European Court of Justice issued a landmark ruling annulling European Commission decisions requesting information from cement manufacturers, on the ground that the decisions did not sufficiently explain why the information requested was necessary . This (...)

James Killick, Jérémie Jourdan The EU Court of Justice quashes a General Court judgment for failing to correctly apply the notion of restriction by object (Groupement des Cartes Bancaires)

1473

Introduction On 11 September 2014, the Court of Justice (ECJ) rendered its judgment in the Cartes Bancaires case . The ECJ quashed the General Court (GC) judgment for failing to correctly apply the notion of restriction by object. The Cartes Bancaires contains two key messages : first, the (...)

Jérémie Jourdan, Juliette Goyer The EU Commission finds that the largest salmon farmer and processor in the European Economic Area had implemented an acquisition without prior notification (Norway Marine / Morpol)

188

In merger control, gun-jumping refers to two distinct types of prohibited practices : failure to notify authorities of a transaction triggering merger thresholds, and implementing a notified transaction before receiving merger clearance from the relevant merger authority. Both behaviours can (...)

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