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The « Generics UK » precedent: will the ECJ find the way out of the « restriction by object » maze?
Disclaimer: The content of this document is the sole responsibility of the author, and the opinions expressed herein do not reflect the position of Bredin Prat law firm. Summary: In a noteworthy ruling delivered on January 30th, 2020 in response to a preliminary...
Contribution of the French Competition Authority to the climate change issues
Resume: Alongside nine independent administrative institutions, the French Competition Authority has published a working paper on its role in the fight against global warming. The authority presented the tools it has at its disposal to assist economic players in...
Interview of P. Bougette and F. Marty on their article: “Information Exchange among Firms: The Coherence of Justice Brandeis’s Regulated Competition Approach”
Resume: "During the 1920s, two proposals for regulated competition competed in the United States. The first, inspired by trade associations, was advocated by Herbert Hoover. This approach echoes a managerialist view of coordinated competition under state support. The...
The concept of restriction of competition “by object”: An endless debate
To quote this paper: Florian OLBRECHTS, “The Concept of restriction of competition “by object”: An endless debate”, Competition Forum, 2021, n° 0011, available at: https://competition-forum.com. Would it seem justifiable that a concept of European competition law,...
Denial of access to an essential facility: the French Competition Authority dismisses the complaint of the Association of Alternative Operators (AOTA) against the practices implemented by Orange in the electronic communications sector
Summary: In decision 20-D-02 from January 23, 2020, the French Competition Authority (FCA) dismisses the referral on the merits of the case by the Association des Opérateurs Télécoms Alternatifs (AOTA) for lack of evidence and, therefore, the request for protective...
The French Competition Authority blocked a merger for the very first time!
Resume: A very first! Last summer, the French Competition Authority (FCA) blocked a merger for the first time since its creation in 2009. The operation showed a risk of coordinated effects that would have harmed competition by creating a duopoly. Neither the...
The French Competition Authority fines Apple a record of €1.1 billion: a renewed use of abuse of economic dependence
Summary: In the Apple decision number 20-D-04 of March 16th, 2020, the French Competition Authority fined Apple a record fine of €1.1 billion after finding that it had infringed competition law by practicing resale price maintenance and division of products and...
On “Big Tech and the Digital Economy”: Interview with Professor Nicolas Petit
Nicolas Petit is professor at the European University Institute. He is Joint Chair in Competition Law at the Department of Law and at the Robert Schuman Centre for Advanced Studies. He is also invited Professor at the College of Europe in Bruges. Professor Petit is...
Exposure of Google’s business secrecy in a French Competition Authority’s decision: who has jurisdiction?
Summary: A decision of the Tribunal des conflits involving Google gathers the business secrecy litigation in antitrust procedures under the jurisdiction of the sole judiciary order. The case creates an occasion to present the way the French Competition...
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