Ashurst (Brussels)

Denis Fosselard

Ashurst (Brussels)
Lawyer (Senior Partner)

Denis is Head of Office of Ashurst Brussels and partner in the Competition and EU Law department. His practice focuses on all aspects of Italian and EU antitrust law. Denis has 20 years’ experience in advising leading European corporates in relation to behavioural and merger control cases. He also has significant experience in assisting companies in State Aid investigations. Denis regularly represents clients before both the European Commission and national competition authorities in Italy, Belgium, etc. as well as the EU General Court and Court of Justice in antitrust and other EU law proceedings. He acts for leading clients in several industry sectors, such as energy, financial services, pharmaceutical and automotive.

Auteurs associés

Legance - Studio Legale Associato (Rome)
Iliad (Milano)
Banca d’Italia (Italian Central Bank)
Legance - Studio Legale Associato (Rome)
Alcon (Milan)
Bosch (Gerlingen)
Ashurst (Brussels)
Ashurst (London)

Articles

37330 Bulletin

Neil Cuninghame, Denis Fosselard The EU Court of Justice rejects power cables appeal on dawn raid powers and successor liability and fines the company €104.6 million for taking part in an international cartel (Prysmian)

53

On 24 September 2020, the European Court of Justice ("ECJ") fully dismissed an appeal brought by Prysmian, therefore upholding the European Commission’s ("Commission") decision to fine Prysmian EUR 104.6 million for taking part in an international power-cable cartel. WHAT YOU NEED TO KNOW - KEY (...)

Denis Fosselard, Gabriele Accardo, Giulia Carnazza The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)

14

On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

Denis Fosselard, Alexi Dimitriou, Neil Cuninghame The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)

246

Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

Gabriele Accardo, Denis Fosselard The Italian Competition Authority approves a joint purchasing agreement of surgical masks via pharmacies and drugstores pursuant to its temporary rules on cooperation between companies during the COVID-19 pandemic

39

On 1 June 2020, the Italian Competition Authority ("ICA") approved a joint purchasing agreement of surgical masks via pharmacies/drugstores and a moratorium scheme on loan repayments agreed within ASSOFIN (the Italian Association of Consumer Credit and Mortgage Lending) pursuant to its (...)

Jessica Bracker, Denis Fosselard, Donald Slater, Alexi Dimitriou The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (NKT)

155

On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

Neil Cuninghame, Denis Fosselard, Peter Armitage, Nigel Parr, Christopher Eberhardt Mergers & COVID-19 : The impact on EU and national merger control

1544

While some businesses may choose to delay transactions in light of Covid-19, many transactions will clearly continue and some of these will need to be completed with some urgency, in particular in cases of financial distress. Merger control regimes are still in operation, although there have been some changes, in particular to encourage parties to delay notifications. This note considers how merger control processes can best be navigated in times of crisis, for example, where the urgent completion of a transaction may be required, or the target is otherwise in significant financial difficulty.

Duncan Liddell, Alexi Dimitriou, Donald Slater, Denis Fosselard The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)

97

On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

Alexi Dimitriou, Denis Fosselard The EU Court of Justice dismisses the appeal made by a Norwegian seafood company against the Commission’s decision in fining the company for putting into effect its acquisition of a salmon producer before getting the approval (Marine Harvest)

61

On 4 March 2020, the European Court of Justice ("ECJ") dismissed the appeal made by Norwegian seafood company Marine Harvest against a 2017 ruling of the General Court ("GC") confirming the European Commission ("Commission") 2014 decision fining Norwegian seafood company Marine Harvest for (...)

Denis Fosselard, Gabriele Accardo The Italian Council of State upholds the annulment of the Competition Authority’s decision fining eight steel producers for an alleged price-fixing cartel (Reinforcing Steel Bars / Tondini per Cemento Armato)

35

On 21 January 2020, the Council of State (Italy’s Administrative Highest Court) handed down its judgment upholding the annulment of the Italian Competition Authority’s ("ICA") decision of 19 July 2017 which had fined eight Italian steel producers for an alleged price-fixing cartel, based on the (...)

Denis Fosselard De minimis : An overview of EU and national case law

436

1. Introduction* De minimis non curat praetor (the judge does not deal with trivial matters) was already the rule in Roman law around 2,000 years ago. So why would e-competitions care about de minimis to such a point that it is dedicating a full issue to the question ? In truth, the question (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian administrative court annuls the decision of the National Competition Authority which fined a credit card company and eight Italian licensee banks for violating EU competition law in relation to domestic interchange fees (Mastercard)

397

Background The judgement in comment (Judgement of TAR of Lazio n. 6171 of 11 July 2011) has annulled the final decision of the Italian Antitrust Authority ("IAA") of 3 November 2010 ("IAA Decision") which closed the proceeding against Mastercard and eight Italian banks ( the "Parties") and (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso The Italian Competition Authority closes the proceeding against nine petrol companies finding no evidence of a cartel in the wholesale market for the supply of bitumen for road construction (Aumento Prezzi Bitume)

285

Introduction On 20 April 2011, the Italian Competition Authority ("ICA") adopted a decision closing the investigation launched in May 2010 against nine oil companies, Alma Petroli S.p.A., Api-Anonima Petroli Italiana S.p.A., ERG Petroli S.p.A., Eni S.p.A., Esso Italiana S.r.l., IES-Italiana (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso The Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)

936

Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers of (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Regional Administrative Court in Lazio rules on the power of the Italian Competition Authority to accept commitments offered by undertakings under investigation for alleged anticompetitive conducts in the roadside assistance market (ANAS / Società Strada dei Parchi / Società Autostrada Tirrenica)

1920

Background With two decisions issued on 22 April 2009, the Italian Administrative Tribunal (Tribunale Amministrativo Regonale, “TAR”) ruled on the power of the Italian Competition Authority (“ICA”) to accept commitments offered by undertakings under investigation for alleged anticompetitive (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority opens an investigation for violation of Art. 82 EC in the plasterboard market (Saint-Gobain)

1634

Background On 5 March 2009, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) launched an investigation for possible violation of Article 82 EC and Article 3 of Law 10 October 1990 n° 287 (corresponding to Article 82 EC) by Saint-Gobain Ppc Italia S.p.A. (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Competition Authority inflicts a fines over €12 million upon the main 26 producers of pasta and two associations of undertakings, for allegedly exchanging information and adopting other initiatives to increase prices (Listino prezzi della pasta)

1489

Background On 26 February 2009, the Italian Competition Authority (“ICA”) fined 26 pasta producers active in Italy (representing approximately 90% of the overall relevant market) and two associations of undertakings claiming that they had entered into an agreement aimed at increasing the prices (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian Competition Authority clears the acquisition of the sole control of one company by another in the market for the retail sale of do-it-yourself products (Groupe Adeo / Castorama Italia)

756

Background On 29 January 2009, the Italian Competition Authority (“ICA”) cleared the acquisition of the sole control of Castorama Italia S.p.A. (“Castorama”) by the French company Groupe Adeo S.A. (“Adeo”), both active in the retail sale of “do-it-yourself” (“DIY”) products. The merger met the (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority accepts the commitments submitted by motorway companies in a proceeding relating to alleged anticompetitive agreements and abuse of dominant position in the roadside assistance market (ANAS / Società Strada dei Parchi / Società Autostrada Tirrenica)

1527

Background On 20 September 2007, the ICA opened a proceeding regarding car assistance services provided in Italy on motorways, alleging that a) the motorways companies had breached Article 3 of Law 287/90 (national provision similar to art. 82 EC) and b) the roadside assistance providers, (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian Competition Authority fines for the second time €2.22 million a company for not having complied with remedies imposed in a previous merger proceeding (Parmalat / Eurolat)

1143

Background By decision of 21 May 2008, the Italian Competition Authority (“ICA”) fined Parmalat S.p.A. (“Parmalat”, one of the major Italian players in the milk and dairy sector) for not having complied with the measures imposed by a previous merger decision. The peculiarity of this case is linked (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority imposes fines of more than €4 million on two leading producers of concrete for predatory pricing and anti-competitive arrangements (Mercato del calcestruzzo cellulare autoclavato)

1715

Background On 24 October 2007, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) fined two leading producers of autoclaved cellular concrete (ACC), namely Xella International GmbH (Xella) and RDB S.p.A. (RDB) alleging that they had entered into some form of (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso, Vito Auricchio The Italian Competition Authority fines four ostomy device manufacturers for alleged bid rigging (Gare per la fornitura di dispositivi per stomia)

1430

Introduction On 3 August 2007, the Italian Competition Authority (ICA) adopted a decision fining four ostomy device manufacturers for an alleged bid rigging. The decision is interesting as it shows the difficulty that pharmaceutical companies face when participating in a tender procedure. In (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority imposes the Italian Banks Association to withdraw its guidelines which were capable of restricting competition (Associazione Bancaria Italiana)

4227

Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority clears in phase II the merger between the two main baby milk producers subject to remedies, including wholesale prices reduction (Koninklijke Numico / Mellin)

730

Background By decision of 15 June 2005, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) cleared the acquisition by Koninklijke Numico N.V. (Numico) of Mellin S.p.A. (Mellin). The concentration affected the baby milk sector which the Authority’s investigations (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Competition Authority fines €125 million the incumbent telecommunications operator for abuse of dominant position on the fixed network telecommunications services for business customers (Telecom Italia)

2077

Background On 16 November 2004, the Italian Competition Authority(Autorità Garante della Concorrenza e del Mercato) has imposed a fine of € 152 million on the incumbent telecommunication operator Telecom Italia S.p.A. (Telecom Italia), for abusive behaviours on the fixed network (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Competition Authority fines the global leader of packaging for liquids and semi-liquids for having failed to comply with a decision prohibiting the acquisition of a company (Tetra Pack - Emilcarta/Agrifood Machinery)

2111

Background With decision n. 13459 of 29 July 2004, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “Authority”) has imposed a fine of € 95 million on Tetra Pak International S.A. (“Tetra Pak”), the global leader in the manufacture of packaging for (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Antitrust Authority clears without remedies the acquisition by the national public broadcaster of 84 digital broadcasting network (Rai / Rami Di Azienda)

1563

Background On 29 April 2004, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato) cleared the acquisition by the national public broadcaster, Radiotelevisione Italiana S.p.A. (Rai), of 11 going concerns composed of 84 digital broadcasting networks, including the (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority revokes remedies originally imposed to the parties to a merger by interpretating extensively the notion of de facto control (Società Assicuratrice Industriale / La Fondiaria Assicurazioni)

2224

Background Following a specific request by the parties, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato), at its meeting on 12 June 2003, decided to revoke the conditions originally imposed on Premafin Finanziaria S.p.A. (Premafin) and Mediobanca Banca di (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Competition Authority declares the incompatibility of a national regulation with EC competition law when requiring or facilitating the market sharing within a consortium of manufacturers of matches (Consorzio Industrie Fiammiferi)

3193

Background With decision n. 8491 of 13 July 2000, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority, hereinafter “Authority”) found the existence of a market sharing arrangement carried out within the Consorzio Industrie Fiammiferi (the consortium of the Italian (...)

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