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Competition & EU

France

National and/or European competition authorities have extensive powers for controlling mergers and acquisitions, penalising anti-competitive agreements and practices and ensuring that state aid is compatible with European regulations. Those regulations can have serious consequences, including financial and reputational, for all types of organisation and their employees.

With a department consisting of two teams and approximately ten associates, we can offer you the advice you need, at national and European level, and assist you in your dealings with competition authorities. Our experts will help you verify the legal compliance of your operations and business practices and will assist you with any litigation in these areas.

Our services, tailored to your issues, are necessary for your projects to succeed in the following areas: merger control, antitrust law and abuse of a dominant position in the private and public sector, opening-up of monopolies to competition (regulated sectors), economic law and restrictive competitive practices, state aid, European law and free movement.

Any breach of these regulations is also likely to give rise to action for damages, which is increasingly common in the current economic and regulatory climate. Whether it's advice, the implementation of compliance or operational audit programmes, assistance with any dispute or complaint relating to the implementation of competition law or the compatibility of domestic law with EU law, we can provide our expertise.

We act for a wide variety of public and private operators and our business covers various sectors such as life sciences, consumer products, private equity, technology, media and electronic communications, energy and infrastructure projects.

"CMS' team of approximately ten associates offers a "very high level of service" and "has proven to be very committed to its clients"." - Legal 500 Paris 2015
"CMS provides a "very high level of services" in antitrust law and merger control as well as in distribution and regulation-related issues." - Legal 500 EMEA 2015

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    Competition

    There are 12 lawyers in our team. The diversity of their experience and careers is a guarantee of experience, flexibility and dynamism. In the context of CMS, regular meetings take place between lawyers specialising in the competition law of European countries and the rest of the world, which allows us to offer our clients integrated cross-border services.

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    EU

    We advise our clients on all matters of European law : Free circulation of goods, Free movement of people, Cross-border provision of service, Enforcing "derived" European Union law ... 

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    Our Em­ploy­ment & Pen­sions Team
    Our Cor­por­ate/M&A Team
    Our Tax Team

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    30/07/2018
    EC: Ef­fects of pri­cing al­gorithms in the con­text of re­sale price main­ten­ance
    On 24 Ju­ly 2018, the European Com­mis­sion ("Com­mis­sion") im­posed fines on four elec­tron­ics man­u­fac­tur­ers for fix­ing the prices of their on­line re­tail­ers. In as­sess­ing the im­pact of re­sale price main­ten­ance, the Com­mis­sion also fo­cused on the use of pri­cing al­gorithms.
    19/07/2018
    Se­lect­ive dis­tri­bu­tion: Frank­furt court con­firms the leg­al­ity of third-party...
    On 12 Ju­ly 2018, the High­er Re­gion­al Court of Frank­furt ruled on the ap­peal pro­ced­ure in the Coty case (No. 11 U 96/14 Kart) and de­cided that the third-party plat­form ban agreed by the lux­ury cos­met­ics man­u­fac­turer Coty in its se­lect­ive dis­tri­bu­tion agree­ment.
    13/06/2018
    Com­pet­i­tion law and al­gorithms: the Lux­em­bourg Com­pet­i­tion Coun­cil...
    Al­gorithms is the hot top­ic in com­pet­i­tion law. In June 2017, the OECD pub­lished a pa­per on the risk of col­lu­sion in the use of al­gorithms. This is­sue has been reg­u­larly ad­dressed by Com­mis­sion­er Vestager in her speeches.
    12/06/2018
    Ham­burg court ex­tends ECJ's rul­ing on third-party plat­form ban to...
    On 22 March 2018, the Hanseat­ic High­er Re­gion­al Court in Ham­burg ruled that a sup­pli­er of food sup­ple­ments and vari­ous toi­letries may pro­hib­it dis­trib­ut­ors from selling its goods over cer­tain on­line sales sites known as third-party plat­forms.
    01/06/2018
    No gun jump­ing in EY case says ECJ
    The Court of Justice of the EU has ruled that Ernst & Young (“EY”) did not jump the gun in the takeover of KP­MG’s Dan­ish unit. In its May 31 rul­ing, the Court of Justice re­af­firmed an earli­er Opin­ion by Ad­voc­ate Gen­er­al Nils Wahl, which could im­pact how “gun.
    21/06/2017
    The Ver­dict - Round-up of cor­por­ate crime de­vel­op­ments across CMS
    We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in the Czech Re­pub­lic, in­clud­ing.
    10/02/2017
    In­dia Budget 2017 - 2018
    On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    28/10/2016
    European Com­mis­sion pub­lishes Cor­por­ate Tax Re­form Pack­age, re­launch­ing...
    As part of a Cor­por­ate Tax Re­form Pack­age, the EC has pub­lished four pro­pos­als for Coun­cil Dir­ect­ives. 1. Pro­pos­als to re­launch the Com­mon Con­sol­id­ated Cor­por­ate Tax Base First, the European Com­mis­sion (“EC”) has an­nounced that it is re­launch­ing its pro­pos­al.
    20/09/2016
    When the Dust Settles: Cross-bor­der re­struc­tur­ing and in­solv­ency after...
    As the dust be­gins to settle after the EU ref­er­en­dum and the po­ten­tial rami­fic­a­tions of Brexit con­tin­ue to be di­ges­ted, we ex­am­ine the po­ten­tial im­pact of Brexit on the UK cross-bor­der re­struc­tur­ing and in­solv­ency re­gime and its con­sequences for the UK’s repu­ta­tion.