Our latest posts
Predatory pricing: What method was undertaken in the implementation of the cost test and what elements were retained in the search for the characterization of an abuse of a dominant position?
Resume: This judgment of Court of Cassation reinforces the principle that the costs of competitors of a dominant company practicing predatory pricing must be disregarded in the implementation of the cost test. In the same way, it underlines, once again, the importance...
The information report on digital platforms written by French MP’s
Resume: On the 25th of June 2020, The French National Assembly issued an information report about the digital platforms. The deputies highlighted the very fast development of the digital platforms and their impact on the market and its users. Moreover, in front of the...
The French Competition Authority recognized for the first time the existence of a market for organic products
Resume: In a decision dated September 10, 2021 (Décision n°21-DCC-161 du 10 septembre 2021 : pris de contrôle exclusif de certaines activités du groupe Bio c’Bon par la société Carrefour France), the French Competition Authority authorized the acquisition of Bio c’Bon...
New chapter in the Google Shopping saga
Resume: It's the end of the second round in the Google Shopping case, and the company has lost this battle again. The Commission had already imposed a serious penalty during its record decision in 2017. But this time it is the court that does not hesitate to confirm...
Regulation “gatekeepers”: predictable “unintended consequences” of the DMA for users’ welfare
Abstract: In the December 2020, the European Commission has presented its proposal for a Digital Market Act (DMA) aiming at promoting competition and preventing unfair practices on digital markets. The DMA creates a new category of platforms, ``gatekeepers'', based on...
French National Assembly’s report on ex ante regulation: objectives and difficulties of the DMA
Resume: On the eve of the French Presidency in the Council of the European Union in January 2022, the European Affairs Committee of the National French Assembly presented an information report on the Digital Market Act on 23 July 2021, introduced by Mrs. Christine...
Tackling the digital economy from a fresh perspective: a comparison between the EU and the UK proposed sector regulation
Resume: Both the EU and UK have acknowledged the defects of traditional antitrust enforcement when tackling digital platforms. Hence both jurisdictions have proposed different models of sector regulation to supplement the conventional competition legislation. This...
The resurrection of Continental Can’s ex-post merger control?
Resume: With its decision, dated July 16, 2021, N°20/04300, the Paris Court of Appeal asked the European Court of Justice for a preliminary ruling to find out whether Article 102 of the TFEU can be applied to a concentration which would be below the thresholds of...
The DMA and the EU’s French Presidency: The Road To Precaution and Tensions
To quote this paper: A. Portuese, “The DMA and the EU’s French Presidency: The Road To Precaution and Tensions”, Competition Forum, 2021, n° 0029, https://competition-forum.com.The Digital Markets Act (DMA) proposed by the European Commission in December 2020 appears...
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