Capabilities

Competition and antitrust

We assist our clients (large industrial groups, SMEs, and public institutions) operating in various sectors (insurance, healthcare, agri-food, energy, chemicals, media, sports, transportation, leisure, defense, construction, and mass retail) in addressing complex issues and ensuring compliance with both national and European regulations.

Areas of intervention in competition and antitrust

Dawn raids (OVS)

We provide assistance to companies during dawn raids (OVS), also known as competition inspections, carried out by authorities such as the French Competition Authority, the DGCCRF, or the European Commission. Our aim is to safeguard our clients’ rights throughout these investigations.

Anti-competitive practices

We offer guidance on anti-competitive behavior, including cartels and the abuse of dominant positions. We help our clients identify and prevent such practices by implementing compliance programs designed to mitigate the risk of sanctions.

State aid

We support our clients in analyzing and managing state aid, ensuring that subsidies and other benefits granted by public authorities comply with rules set by the European Commission. We also assist in structuring aid packages to meet all legal requirements.

Follow-on damages actions

We represent companies in follow-on damages actions seeking compensation for harm suffered due to anti-competitive practices previously sanctioned by the relevant authorities.

National and european merger control

We guide our clients through merger control procedures, preparing the necessary notifications for the French Competition Authority and the European Commission. Our focus is to ensure that mergers and acquisitions comply with regulatory requirements, thereby avoiding the risk of clearance being denied.

Restrictive practices

We advise on restrictive practices defined by bodies such as the Commercial Practices Review Commission. We help our clients avert conduct that could create significant imbalances, ensuring compliance with commercial negotiation rules.

Examples of support in Competition and Antitrust

Representation in a merger notification

We represented an investment company before a competition authority in the notification of a transaction involving the acquisition of joint control over companies in the renewable energy sector. The transaction was thoroughly analyzed under competition law to ensure it did not distort market competition, thereby upholding standards of fair competition and fostering a healthy market environment.

Support in general terms and conditions and annual agreements

We advised a multinational seafood leader on drafting its general terms and conditions and negotiating its 2023 annual agreements with the French retail sector, taking into account recent provisions in the “Egalim 3” legislation and potential competition law concerns. Our goal was to maintain full legal compliance, safeguard adherence to competition rules, and optimize commercial relationships in a dynamic regulatory context.

Assistance in an investigation for unfair commercial practices

We supported a sportswear company in a dispute concerning unfair commercial practices by a competitor during a sales period (public announcements of price reductions/the amounts discounted). Our assistance involved filing applications with the Nanterre Commercial Court to seek orders halting and withdrawing all unfair or misleading practices, accompanied by daily fines for non-compliance and the publication of the forthcoming court decision on the competitor’s website.

Application of the neighboring rights directive

We advised a press group on implementing the European directive on neighboring rights and related French legislation, as well as in negotiations with large multinational companies. One such company refused to comply with the directive, prompting intervention by the Competition Authority, which ordered negotiations to resume under specific conditions. The press group was represented via a media alliance, and our firm assisted in formulating a competitive strategy within this coalition.

Dispute over restrictive competition practices

We advised a commercial enterprise in a dispute arising from the termination of a commercial relationship by one of its major suppliers. The supplier contested the termination, initiating two separate legal proceedings for allegedly restrictive competition practices.

Do you need assistance?

Find out how our professionals can put their skills and experience to work for you in this area.