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COMPETITION & ANTITRUST LAW

Competition law divides into three distinct areas under French law. We have the appropriate expertise to  advise and assist you in those areas:

- "Free" competition law: referred to as the Antitrust law under European regulations, this area of Competition law mainly deals with practices infringing free trade and jeopardizing the market structure globally. The practices at stake relate to price cartels, abuse of dominant position, mergers and state aids.

- "Unfair" competition law: this area is a French peculiarity which deals with commercial practices between competitors (defamatory campaign, parasitism...)

- "Restrictive practices" law: mainly deals with practices, such as those listed under Article L.442-6 of the French commercial code and which give rise to substantial case law.

  • Skills
    • review of any commercial agreement pursuant to European rules related to vertical restraints (EU Regulation 330/2010) and horizontal restraints and also pursuant to French competition rules
    • strategic assistance to clientele in the drafting and  implementation of partnerships taking into consideration the competition constraints
    • analysis of the controllability of operations (mergers, acquisitions, joint-ventures) pursuant to French and European competition law
    • assistance of clientele in the implementation of compliance programs and best practices in line with competition law ("Do/Don't Do" guidelines)
    • assistance and representation of clientele before the  French Administration and French competition authority
    • assistance of clientele in the implementation of commercial practices that would not infringe unfair competition rules and restrictive practices rules (abrupt termination of relationships, significant imbalance....)
    • Representation of clientele before French courts within the context of grievances based on unfair practices or restrictive practices
  • Selected operations
    • assistance  of a medical devices manufacturer blamed for unfair practices by a competitor (review of commercial practices and related marketing tools)

    • compliance review of the price policy and commercial practices applied by a regional wholesale in the food industry to its resellers and appropriate recommendations accordingly.

    • representation of a major actor in the dock industry / port handling and relevant professional syndicate before the French competition authority for grievances regarding price cartels and concerted practices

    • review of industrial cooperation agreements and technology transfer agreements for a pipe-line manufacturer pursuant to relevant competition rules applicable to horizontal agreements

    • assistance of a supplier in the  food industry within the context of investigations by the French administration (DGCCRF) based on products safety issues.

  • Related publications
    • Dawn Raid Guidelines, World Law Group Ltd., 2011 – Contribution for France
    • The reasons why companies should design and implement a compliance program (see publication)
    • Joint and several liability of parent companies for infringements of competition rules by their susbsidiaries (see publication)
    • The rules govening appeals against orders authorizing search and seizure operations held non compliant with article 6§1 of the ECHR (see publication)
    • Highlights of the notice issued by the French competition authority on financial penalties in antitrust cases (see publication)
    • Seizure of electronic data: the Cour de  Cassation indirectly validates the investigation method applied by the French competition authority (see publication)
    • What should be learned from the new EU rules on horizontal cooperation agreements (see publication)
    • Companies with a strong market position: beware of your commercial policy (see publication)
    • The recommendations of the "FRS" report of September 20, 2010 on the assessment of santions in antitrust infringements (see publication)
    • The classification of "state aid" can have fortunate consequences (see publication)
    • French competition authority and the impact of the LME law: first year in review (Part I) (see publication)
    • Decisions and main cases of the French Competition Authority: first year in review Part II ( see publication)
    • Adoption of the new EU vertical agreements block exemption regulation (see publication)
    • End of the corsican cement legal saga: Lafarge and Vicat escape a  fine for abusive collective dominant position (see publication)
    • Things  to remember about the French competition authority's new guidelines on merger control (see publication)
    • Merger Control Basics 2010 – World Law Group Ltd., 2010 – Contribution pour la France
    • No abuse of dominant position without any link between the predatory practice and the dominated market (see publication)
    • Exchange of information and prohibited concerted practices: the position of the Competition authorities (see publication)
    • Leniency programme under French law: conditions and procedure (see publication)
    • Practical guidelines for designing and implementing a successful compliance programme (see publication)
    • New competition authority up and running as from January 1, 2009 (see publication)