COMPETITION AND ECONOMIC LAW
Competition law and, more generally, economic law have become strategic for companies.
All facets of economic law require a thorough understanding of the challenges faced by companies, their markets and their environment, a mastery of the workings of complex procedures, and finally an excellent knowledge of the competent authorities and jurisdictions.
In order to meet your needs as accurately as possible, we have developed an operational and pragmatic approach to the matters we handle, whether in terms of advice or assistance in the event of litigation.
Our expertise
COMPETITION, MERGER CONTROL, COMPLIANCE
The added value of our experts stems from the integration of our clients’ strategic objectives into our action, both in defense and in prosecution, particularly in the areas of :
- Competition:
- Cartels, vertical restraints, abuse of dominant position ;
- Dawn raids : immediate on-site assistance, handling of computer seizures and legal forensics, litigation regarding authorization and/or the conduct of operations, confidentiality management ;
- Litigation before competition authorities and courts (French Competition Authority, Paris Court of Appeal, Court of Cassation, European courts) ;
- Litigation involving compensation or criminal law, etc.
- Merger control :
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- Controllability (analysis of thresholds, qualification of control in complex schemes and joint ventures) ;
- Identification of relevant authorities inside and outside the European Union ;
- Prior competitive analysis, identification of risks and chances of success ;
- Upstream advice during the structuring of the transaction, in conjunction with corporate lawyers and investment banks ;
- Fine management of multi-filing : coordination of procedures and timetable, consistency of the overall strategy ;
- Assistance during the negotiation of possible commitments and during the in-depth review phases (“phases II”) ;
- Strategic assistance to third parties relevant to a merger.
- Compliance :
- Conducting competition audits ;
- Implementation of compliance programs and codes of conduct, spontaneously or in the context of litigation (commitments) ;
- Training, e-learning, serious games, etc.
COMMERCIAL, DISTRIBUTION AND CONSUMER LAW
We assist and defend our clients in all aspects of their commercial operations, both as counsel and in litigation before the competent authorities and courts (DGCCRF (French General directorate for competition policy, consumer affairs and fraud control), DIRECCTE( French Regional department of enterprise, competition, consumer affairs, labor and employment), DDPP (French Departmental offices for the protection of populations), criminal courts, commercial courts, etc.), particularly in the context of regulated activities (network industries, financial activities) in the following areas:
- Distribution : exclusive supply and/or distribution contracts, remote sales, etc.
- Restrictive or unfair commercial practices : significant imbalance, termination of established business relationships, unfair competition (breach of non-compete clauses, appropriation of know-how, detour and canvassing of customers, parasitism);
- Advertising and commercial practices : consumer information, unfair practices, misleading practices, comparative advertising, unfair terms, sales, sales promotions and price reduction announcements, product labeling, etc.
- Product compliance and safety : risk assessment, compliance with standards, certification (AOC, AOP, etc.), health and food safety, management of product recalls and withdrawals, etc.
- Regulations : industry, energy networks, telecommunications, transport, etc.
- Lobbying : assistance in the design of contemplated standards, relations with national and European institutions.
EUROPEAN LAW
We advise companies likely to be confronted with State aid issues, whether it be compensation for public service duties, subsidies or rescue or restructuring aid, on the following issues:
- Analysis and evaluation of practices with regard to the specific applicable regimes;
- Strategic advice to the beneficiary of the aid or to the operator suffering from a distortion of competition;
- Possible litigation.
We also advise and assist our clients, more broadly, on European regulations:
- Freedom of movement / freedom of establishment;
- Free movement of goods;
- Free movement of persons and provision of services;
- Respect of the rights guaranteed by the European Convention for the Protection of Human Rights;
- European regulatory affairs.
ECONOMIC LITIGATION
We act in all aspects of domestic and European litigation relating to anti-competitive practices (cartels and abuse of dominant position) and State aid, in particular in the following areas:
- Dawn raids: litigation concerning the authorization and/or the conduct of the search and seizure operations;
- Proceedings before the competition authorities and their supervisory courts (in particular the Paris Court of Appeal), whether as plaintiff or defendant, in emergency proceedings (interim measures) or on the merits, in commitment proceedings or in complex litigation, in particular when they have a leniency component;
- Litigation for the compensation of victims of anti-competitive practices before the civil and commercial courts: after a decision of conviction by the French Competition Authority or the European Commission, we handle in particular the issues of determination - and dispute of determination - of the heads of damage relevant to the practices concerned: cartels (assessment of a price premium, loss of opportunity, etc.), abuse of dominant position (eviction damages, operating damages, etc.);
- State aid procedures before the Commission and the European courts;
- European competition litigation before the General Court and the Court of Justice of the European Union.
La «shrinkflation» ou les limites du droit de la consommation – LSA, 03/04/2022
Florent Prunet, partner, explains in this article for LSA the legal position on the issue of “shrinkflation”. This marketing practice consists in increasing the price per weight or volume of a product in a painless way for the consumer, by keeping the face price of this product while reducing its weight or volume, in a […]
Paris | COMMERCIAL, DISTRIBUTION AND CONSUMER LAW
Lex inside of February 17, 2022: news in competition law – Le Monde du Droit, 02/17/2022
Competition law news with Florent Prunet on #LexInside (DECIDEURS TV) by Arnaud Dumourier.
Paris | COMPETITION AND ECONOMIC LAW
Haine en ligne : vers la fin du Far-West numérique – Le Point, 01/26/2022
Quote from Frédéric Sardain in this article by Laurence Neuer on the proposed Digital Services Act (DSA) which aims to combat hate speech on the Internet.
Paris | EUROPEAN LAW | IP, TECH & DATA
France, a leading partner of Ukraine – Les Echos, 17/11/2021
Quote from Bertrand Barrier in this article by Yves Bourdillon on economic relations between France and Ukraine.
Paris | COMMERCIAL, DISTRIBUTION AND CONSUMER LAW
Jeantet advises the group of medical biology laboratories, Biogroup-LCD on the acquisition of Dyomedea-Neolab
Paris, August 12th, 2020 – Jeantet advised the group of medical biology laboratories, Biogroup-LCD, for the authorization, subject to commitment conditions, by the French Competition Authority of its acquisition of Dyomedea-Neolab, which operates laboratories in the region of Auvergne-Rhône-Alpes. This operation involving a total of 43 medical biology sites, mainly in the Rhone region of […]
Paris
Jeantet advises Famar on the sale of five manufacturing sites to Delpharm
Paris, 26 Novembre 2019. Jeantet advised the pharmaceutical subcontractor Famar on the sale of five of its twelve manufacturing sites to its competitor and one of Europe’s leading pharmaceutical subcontractors, the French group Delpharm. Through this transaction, Famar sells to Delpharm the activities of its three plants located in France, Orléans, l’Aigle (Orne) and Saint-Rémy-sur-Avre […]
“Naming and shaming” companies: Should we do more to highlight the bad payers?
20 minutes, 22/10/2019
Paris | ECONOMIC LITIGATION
Intervention
In partnership with the Autorité de la concurrence and in the framework of training courses organized by the Montesquieu Circle and the EFB School of Bar Training, Thomas Picot was working alongside Guillaume PERRET and Emmanuelle Claudel on the subject “How to make sure compliance of a project with cartel law? “
Paris | ECONOMIC LITIGATION
Construction Arbitration in Eastern Europe – Association Young Professionals of Construction in Paris, 07/10/2019
Yesterday Ioana Knoll-Tudor moderated the debate relating to construction arbitration in Eastern Europe organized by the Association Young Professionals of Construction in Paris: Did you know that the three main reasons for construction arbitrations in the region are (1) non-compliance of the sites, (2) force majeure or a third party intervention and (3) improper contract […]
Paris | ECONOMIC LITIGATION | REAL ESTATE
First contentious decision of the Polynesian Competition Authority: a refrigerant analysis
The Polynesian Competition Authority ruled on an excessive pricing practice alleged against a distributor who charged its suppliers for a beverage refrigeration service. The case also raised questions about the possible impartiality of the president of this authority. by Loraine Donnedieu de Vabres-Tranié and Florent Vever
Paris | ECONOMIC LITIGATION
CRIMINAL AND COMPETITION LAW
Loraine DONNEDIEU de VABRES, Lawyer at the Paris Bar – JEANTET ET ASSOCIES, moderates a round table on “PENAL LIABILITY IN COMPETITION”.
Paris
Brexit, quelles conséquences pour les entreprises ?
Journée de l’Europe du 9 mai 2019, verbatim du déjeuner débat, animé par Loraine Donnedieu de Vabres-Tranié et Julia Bombardier, avec Michel Boyon, Hugues de Franclieu, Jérome Gazzano, Fabrice Picod, in Les entretiens Jeantet N°2 – Droit Européen, 2019
Paris