Dechert (Paris)

Marion Provost

Dechert (Paris)

Marion Provost is a partner in Dechert’s Paris competition team. Her practice focuses on all areas of competition law work. She is involved in a number of high profile mergers, cartel investigations, and abuse of dominance cases, and regularly advises clients both before the European and French competition authorities and courts. Ms. Provost works for clients in various industries with a particular focus on the life sciences and food sectors, as well as the press sector, financial services and consumer goods. She has taught competition law at several French universities and regularly contributes to writing articles on the latest developments in competition law. Prior to joining Dechert, Marion gained experience at other leading international law firms.


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9115 Bulletin

Mélanie Thill-Tayara, Marion Provost Dominance in the pharmaceutical sector : An overview of EU and national case law


As one of the most heavily regulated industries in the European Union, the pharmaceutical sector has historically been an area of focus for the European Commission and national competition authorities, which have relentlessly used antitrust enforcement as an instrument to help achieve the wider policy objective set for the sector : supporting patients’ access to innovative and affordable medicines. In a context where EU legislation regarding pharmaceuticals is currently under review as part of the Commission’s new Pharmaceutical Strategy for Europe, the sector remains under close scrutiny of competition authorities. In this article, we analyze the most recent developments across the European Union under Article 102 TFEU. While we still wait for the ECJ’s judgment in the Servier case, which creates notable uncertainty regarding the fate of the abuse of dominance allegation, these past 18 months the focus at the EU level seems to have shifted from pay-for-delay and excessive pricing cases to patent strategies (I.) and disparagement of competing drugs as an abuse of dominant position (II.). At the national level, excessive pricing remained at the center of attention, with the Leadiant case in several EU Member States and several appeal proceedings on-going in the UK (III.).

Laurence Bary, Marion Provost, Alec J. Burnside, Lucas Leroy, Mélanie Thill-Tayara The EU Commission blocks the acquisition of a genetic analysis provider by a cancer detection healthcare company (Illumina / Grail)


Following a Phase II investigation, the European Commission (the “Commission”) on 6 September 2022 prohibited the acquisition of Grail by Illumina, on the basis that the merger would allegedly stifle innovation in the emerging market for early cancer detection tests based on sequencing (...)

Mélanie Thill-Tayara, Marion Provost The French Supreme Court rejects an appeal by a pharmaceutical company which alleged that a €21M fine imposed by the Competition Authority was erroneous (Janssen-Cilag)


On 1 June 2022, the French Supreme Court (the “Supreme Court”) entirely dismissed the appeal of Janssen-Cilag (“Janssen”) and its parent company Johnson & Johnson against a judgment of the Paris Court of Appeal (the “Court of Appeal”) of 11 July 2019 in the Durogesic® case. However, this (...)

Mélanie Thill-Tayara, Laurence Bary, Marion Provost The EU Commission adopts the new Vertical Block Exemption Regulation and Vertical Guidelines signalling cautiousness around information exchange in dual distribution situations


On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation No. 330/2010 of 20 April 2010, is accompanied by a new version of (...)

Mélanie Thill-Tayara, Marion Provost, Sophie Mitouard Dominance in the pharmaceutical sector : An overview of EU and national case law


In a communication of November 2020, the European Commission presented its ‘new Pharmaceutical Strategy for Europe’, the main objective of which is to achieve a strong, fair, competitive, and green pharmaceutical industry, centered on patients’ needs. The Commission’s ambition is to remove existing barriers that prevent patients’ access to innovative and affordable medicines, while facilitating the digital transformation of the industry. In this context, the enforcement of competition rules certainly remains an important instrument for the Commission to achieve its goals and we expect the sector to remain a key priority throughout the European Union. Just in the past year, several important decisions have been adopted and multiple investigations opened, both in antitrust and merger control.

Mélanie Thill-Tayara, Laurence Bary, Marion Provost The EU Court of Justice confirms that financial investors can incur parental liability for the anticompetitive practices of their portfolio companies (Goldman Sachs)


This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, (...)

Mélanie Thill-Tayara, Laure Arnaud, Marion Provost The EU General Court partially annuls the Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)


In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

Mélanie Thill-Tayara, Marion Provost The Paris Court of Appeal clarifies the relevant test for characterizing an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)


On 14 November 2019, the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (...)

Mélanie Thill-Tayara, Marion Provost, Sophie Mitouard The Paris Court of Appeal upholds the decision of the Competition Authority to fine a pharma company for abuse of dominance (Jansson-Cilag / Johnson & Johnson)


More particularly, the Court affirmed the FCA’s conclusion that Janssen infringed competition law by, on the one hand, disparaging competing fentanyl specialties towards health professionals, emphasizing the risks associated with a switch from Durogesic© to a generic version and, on the other (...)

Marion Provost, Mélanie Thill-Tayara, Simon Hetsch, Sophie Pelé The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)


The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure* On 12 December 2018, the General Court (“Court”) (...)

Marion Provost The French Competition Authority agrees on interim proceedings concerning the execution of an undertaking’s commitments in the home appliances and consumer electronics sector (Fnac / Darty)


Background of the case On 27 July 2016, after an in-depth investigation (phase II review), the French Competition Authority (“FCA”) cleared the acquisition of Darty Plc (“Darty”), a retailer of home appliances and consumer electronics, by Fnac SA (“Fnac”), a distributor of cultural goods, (...)

11104 Revue

Franck Audran, Martine Behar-Touchais, Frédéric Buy, Walid Chaiehloudj, Antoine Choffel, Sophie Harnay, Stéphane de La Rosa, Sophie Pelé, Marion Provost, Mélanie Thill-Tayara Emmanuel Macron, Ministre et Président : Un bilan concurrentiel plutôt positif


Quel bilan concurrentiel pour Emmanuel Macron, Ministre de l’Economie puis Président de la République ? Il est remarquable qu’Emmanuel Macron a eu une volonté réformatrice très forte en droit de la concurrence, et de la distribution, en ouvrant les marchés (professions réglementées, transport (...)



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