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EU Competition and Trade Law

Defending Crédit Agricole SA and Crédit Lyonnais - LCL in various antitrust proceeding before the French Competition Authority (Autorité de la Concurrence) relating to multilateral interbank fees (MIF's) applicable in the national payment schemes (cheques, direct debit and interbank payment orders)

Defending the largest European public research body in proceedings before the European Commission relating to EU subsidies and claims for reimbursement

Successfully defending a leading Austrian industrial company in the field area of municipal heating systems, against a claim for damages before French courts relating to its participation to the pre-insulated pipe cartel sanctioned by the European Commission in 1998

Lodging a complaint for a major French telecommunication company before the European Commission in regard to the infringement of internal market regulation and assisting it in the subsequent pending proceeding initiated against Hungary

Assisting a French trade association in discussions with the European Commission in connection with the preparation of the new directive relating to concession contracts and the applicability of Article 106 TFEU

Defending a leading French company active in the agro-chemical sector, in the proceeding before the European Commission relating to the Animal Feed Phosphates cartel (Decision of July 20, 2012 COMP/38866) and in the subsequent appeal before the General Court currently pending)

Defending a leading French company active in the agro-chemical sector in various claims for damages before French courts relating to its participation in the Animal Feed Phosphates cartel

Defending a major French bank in a proceeding before the European Commission relating to an alleged anticompetitive collusion or abuse of collective dominance on the market for credit default swaps

Advising a leading French construction groups in connection with a joint venture in the wind energy sector (off-shore wind farms in France)

Chemical company involved in a cartel: legal assistance before the Commission and the General Court

Executive of a company manufacturing electrical equipment under a Franco-American criminal investigation: legal assistance in the litigation procedure

District heating company involved in cartel proceedings before the European Commission: litigation procedure and action for damages before the commercial courts

Group acting in the construction and utilities industry: elaboration and implementation of a compliance program (audit and teaching)

Insurance industry: analysis of the legal issues arising from the acquisition by a company active on an upstream portion of the market of a company owning an essential facility on a downstream market

Renewable energy sector: analysis of the legal issues raised by the creation of a JV

Industrial conglomerate holding in the defense, energy and environment industries: notification to the European competition authorities and to the Federal Trade Commission

Aerospace industry: elaboration of a compliance programme regarding competition law issues raised by the setting up of non-cooperative JVs

Joint production agreements and implementation of a cluster in the wind power industry

R&D agreement in the steel construction industry

Cooperative JV agreement for the construction of steel bridges

Distribution agreement in the digital music industry

Agreement on the establishment of a consortium for the submission to a call for tenders to operate an airport infrastructure

Asset management companies: legal assistance in the drafting of distribution agreements for UCITS and membership to marketing platforms in several European countries

Pharmaceuticals company: legal assistance in the implementation of a selective distribution system for medicines subject to specific packaging requirements

Legal assistance in the drafting of distribution and supply agreements for companies acting in the chemicals, office supplies and clothing industries

Companies acting on the pharmaceuticals, electrical engineering, steel construction, logistics and office supplies industries: drafting of General Sales Conditions and Purchase & Sales Terms

Company specializing in distribution of vaccines: implementing an emergency distribution system

Real estate intermediation industry: setting up of a franchise network

Advising a bank on the distribution of its credit products and savings accounts: promotional offers and advertising on interest rates and account openings, subscriptions by phone

Advising several banks on the online distribution of financial products and on their consumer credit offers

Assistance in dawn raids and enquiries from the French competition authority in the banking, graphic design and printing industries

Advising on eco-labelling issues related to the packaging of products in the ink-pads and office supplies industries

Defending a web company specializing in online digital printing of personalized products before the Jury of Ethical Advertising

Assistance of several companies in relation with complaints filed with the French Data Protection Authority (CNIL)

French Sovereign Fund: Due Diligence to assess the risk of qualification as State aid of a purchase of shares in the course of the capital increase of La Poste, a French public utility

Airport professional association: advising on the formal investigation procedures initiated by the European Commission in respect of subsidies granted

Port company: drafting and defending arguments for the purpose of obtaining the compatibility of State aids with the internal market

Research Institute: risk assessment of the setting up of a public/private patent network with regard to Competition and State aid law

Car manufacturer: pre-notification and notification of State aid granted to a French multinational company in the framework of the “programme d’investissements d’avenir”

International association of pharmaceutical industries: lodging of a complaint before the Commission against several Member States for violation of EU State aid law

Photovoltaic sector: audit regarding the subsidies granted by the French State and local authorities

Space industry: elaboration of a brief to justify subsidies granted by an intergovernmental organization to the world’s first satellite launch company

Telecom company: lodging of a complaint before the Commission against a Member State for the violation of the law of the internal market and legal assistance following the opening of an infringement proceeding by the Commission

Pharmaceutical company: filing a complaint before the Commission against several Member States for the breach of the principles of free movement of goods and freedom of establishment

Satellite operator: legal and strategic advice regarding contractual relationships between the leading satellite operator, its distributors and broadcast operators

Federation of maritime pilots: follow-up of the proposal for a directive on the attribution of concession contracts

Energy company: follow-up of a draft law on business secrets

Cable TV and telecom networks operator: regulatory analysis: triple play; licensing, statements; relationships with business partners and public bodies; local channels, must-carry regulation, digital terrestrial television; constitution of networks: obtaining occupancy permits, infrastructure sharing, works authorization, legal status of infrastructures, system ownership

Sports club: advising on the construction and operation of a stadium / life and entertainment centre : contractual structures; site audit: constructability, planning and environmental regime and constraints

Publishing company: dispute relating to an international market financed by the World Bank

Companies and organizations in various industries: Advising and defending clients on matters relating to procurement contracts and concessions

Manufacturer of railway rolling-stock: drafting of ad hoc operators group tender offers; financial collateral; regulatory analysis; risk assessment; execution monitoring: legal interpretation, amendments, outsourcing, relocation, disposal, payment; settlement of potential disputes through conciliation and transaction

Real estate: project feasibility study, selection of modus operandi, relationships with development dealers and third parties; building permit

French multinational: legal analysis of the constitutionality of the French blocking statute law with regard to a possible ruling on constitutionality

French oil association: legal analysis of the constitutionality of a new tax on oil reserves

Agricultural supply company: legal analysis of the constitutionality of the payment terms law

Oil company: drafting of a case brief with a view to challenging the constitutionality of the provisions of the French Labor law with regard to the reclassification of independent worker contracts into employment contracts.

Waste industry company: review of constitutionality of a tax disposal on biofuel transmission of a « porte étroite » to the French Constitutional Council

Satellite operator: analysis of the conformity with the ECHR of a broadcast termination or termination refusal

Foreign media company: drafting a challenge before the ECHR on the freedom of speech

Aerospace industry association: legal drafting, strategic advice and negotiation regarding the transposition into French law of the public procurement directives specifically applicable to defense and security

Pharmaceutical company: comparative study of the diverse national liability regimes in the EU for vaccine injury with a view to setting up an EU vaccine damage fund

Aerospace sector: legal analysis of the impact on French liability law of a contemplated EU regulation inspired by the US Safety Act

Funds Talk: August 2017

Funds Talk provides legal commentary on the news and events that matter most to alternative asset managers and funds. Learn More