Collective dominance: An overview of national case law

in e-Competitions (2011), N°39129

This article aims at providing an overview of the national case law on collective dominance in Europe. We observe that overall, most domestic decisions have manifestly integrated the EU case law and ... [more ▼]

This article aims at providing an overview of the national case law on collective dominance in Europe. We observe that overall, most domestic decisions have manifestly integrated the EU case law and followed the shift from a structural approach towards a more behavioral approach. We higlight several protruding cases on the definition of the notion of abuse and the most creative remedies devised by national competition authorities so far. [less ▲]

Droit de la concurrence et instrumentalisation parisitaire

in Roquilly, Christophe (Ed.) La contribution des juristes et du droit à la performance de l'entreprise (2011)

This paper explore whether, and to what extent, firms can instrumentalize the competition rules to free ride on others’ efforts. We come to the conclusion that attempts to free ride through Article 101 ... [more ▼]

This paper explore whether, and to what extent, firms can instrumentalize the competition rules to free ride on others’ efforts. We come to the conclusion that attempts to free ride through Article 101 TFEU allegations are likely to fail. In contrast, Article 102 TFEU offers a more promising legal avenue to wanna-be free riders. [less ▲]

Il faut criminaliser les cartels

Article for general public (2010)

This article supports the view according to which cartels should be criminalized in EU. Despite their impressive amounts, administrative fines fail to deter collusion. In order to tackle "agency issues ... [more ▼]

This article supports the view according to which cartels should be criminalized in EU. Despite their impressive amounts, administrative fines fail to deter collusion. In order to tackle "agency issues", managers should be held responsible for their involvement in cartels. [less ▲]

Behavioral Economics and Abuse of Dominance: A Proposed Alternative Reading of the Article 102 TFEU Case-Law

in Global Competition Law Centre Working Papers Series (2010), (02/2010),

Behavioral economics has become a popular field of study. With the reconsideration of the homo economicus paradigm, psychology and sociology have infiltrated economic theory. More recently, several ... [more ▼]

Behavioral economics has become a popular field of study. With the reconsideration of the homo economicus paradigm, psychology and sociology have infiltrated economic theory. More recently, several commentators have argued in favor of an incorporation of behavioral economics within antitrust law. This paper argues, however, that EU competition law already integrates the findings of behavioral economics. A review of the Article 102 TFUE case-law reveals that contrary to the more conservative approach adopted by US agencies and courts, EU competition authorities already acknowledge the boundaries and biases of economic agents, and take into account the limits of the rationality assumption whilst drafting their decisions. [less ▲]

The Belgian Competition Prosecutor dismisses a complaint from the Union of Belgian French-speaking Booksellers alleging an abuse of dominance and the existence of a cartel between two book distributors (Dilibel)

in Concurrences : Revue des Droits de la Concurrence (2009)

The Belgian Competition Council assesses the implementation of a merger remedy imposed in the cinemas complexes sector and finds that no prior approval is needed to create a new cinema complex, but refers the case back to the Competition Council’s Prosecutor for further investigation due to changed market conditions (Kinepolis)

in Concurrences : Revue des Droits de la Concurrence (2009)