Our latest posts
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...
Follow-on action in dairy products cartel: retailers granted damages by the Paris Court of Appeal
Summary: On November 24th, 2021, the Paris Court of Appeal upheld claims by retailers in the follow-on action subsequent to the decision of the French Competition Authority on the dairy products cartel in 2015. This decision led to several dairy producers being fined...
The calculation of a financial penalty for companies of the same group, convicted for cartel according by the Paris Court of Appeal
Resume: In this decision of the Paris Court of Appeal (CA Paris, 18 June 2020, n°19/08826), on referral from the Court of Cassation, the Court has to determine the amount of the penalty imposed on two companies, one of which is the subsidiary of the other, convicted...
An introspection on the FTC’s withdrawal of 2020 Vertical Merger Guidelines
Resume: On the 15th of September 2021, 2020 Vertical Merger Guidelines were withdrawn by the Federal Trade Commission only a short year after they were adopted in June 2020. It is possible to find two main points of focus in the Statement of the majority: (1) a...
The first decision under the « new » article 22 of the Merger Regulation in Illumina/Grail case
Resume: For the first time, a merger is analyzed under the new interpretation of article 22 of the Merger Regulation. Recently, the European Commission announced that the provision will be broadly interpreted with the goal to « catch » some operations which are under...
Google sanctioned again by the French competition authority for non-compliance with injunctions on neighbouring rights
Resume: On July 12, the French competition authority has sanctioned Google for non-compliance with injunctions imposed in its decision of April 09, 2020. Beyond the fact that it is an umpteenth record for a sanction against Google, this decision is also talked about...
The authority adopts a new sanction press release, marginally modified following public consultation
Resume: On July 30, 2021, the French Competition Authority adopted and made public the new procedural notice on the method for determining sanctions. It replaces the initial procedural notice of May 16, 2011. The new notice was the subject of a public consultation...
PhD thesis summary: Pay-for-delay agreements
Walid Chaiehloudj is associate professor at Grenoble-Alpes University, currently in delegation at the University of the New-Caledonia. He is also an Associate Researcher at the University Côte d’Azur. Among other things, he teaches competition law, corporate law,...
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