Competition & EU

Financial and reputational challenges and managing inherently changeable regulations

National and/or European competition authorities have extensive powers to control mergers and acquisitions, to sanction anti-competitive agreements and practices and to ensure that any state aid is compatible with European rules. These regulations can have serious consequences, particularly financial and reputational, for any type of organisation, such as companies as well as professional associations.

Any breach of competition law may also increasingly frequently give rise to stand-alone or follow-on actions for damages, particularly in relation to compensation for loss arising from anti-competitive practices.

Competition law is also an area subject to fluctuations in market supply and demand, as shown by legislative and policy developments aimed at further regulating the expansion of certain players in the digital economy and currently supporting the energy transition and the circular economy.

Complete support from our teams at all times

Our practice is run by three specialist partners and supported by a dozen lawyers. We are organised to cover the entire field of competition law, at national and European level. Our experts are therefore able to offer you personalised support, for specific questions or broader assignments.

We offer you services tailored to your needs, particularly in the following areas: merger control, law concerning cartels and abuse of dominant position in the private and public sector, opening up monopolies to competition (regulated sectors), vertical agreements including distribution agreements, economic law and restrictive competition practices (particularly significant imbalance, absence of counterparties, invoicing, payment deadlines, sudden termination of commercial relations), State aid, European law and principles governing the single market.

Our assistance takes the form of advice, support in the life of your compliance programmes, audits and assistance in the event of a competition investigation or in the framework of any dispute before a competition authority, economic authorities (DGCCRF) or competent courts. We also assist you with notifying your merger operations or filing complaints relating to implementation of competition law or compatibility between domestic law and European law.

We work for both public and private operators and our activity covers various sectors, including life sciences, consumer products, engineering technologies and services, electronic media and communications, the digital economy, energy, industrial sectors and infrastructure projects.

Legal 500 EMEA 2021- Tier 3

“Based in offices in Paris and Lyon, CMS has a broad practice covering merger control, competition litigation, state aid, distribution law and EU regulatory matters. Its specialist areas of expertise include foreign investment control proceedings and merger control and competition litigation in Africa. Operating out of Paris, Nathalie Pétrignet advises on distribution matters; Claire Vannini is a specialist in EU law and state aid. Denis Redon is another key Paris contact. (…) “

Testimonials
‘The CMS European law and competition team has a very wide and original range of talents compared to a traditional competition law team, in particular a very great experience in state aid law and in litigation under European law. – which is quite rare at this level.’
‘Claire Vannini is a partner who knows her subjects perfectly; she is able to make very creative proposals thanks to her multidisciplinary approach. Brilliant, she knows her files inside out, does not allow details to escape her. She is able to adapt to the needs of her clients.’
‘Team that has served our company for a very long time who knows perfectly our needs, particularly in commercial law and the marketing of our products (regulated or not). Quick pragmatic responses for everyday subjects and also carrying out well-argued studies and analyses for discussion with customers Appropriate regulatory watch’
‘Nathalie Pétrignet quickly responds to questions relating to commercial relations (particularly large-scale distribution) providing solutions for entering into or concluding negotiations with clients or reacting to possible pre-litigation. Great knowledge in this area. Important external contacts with appropriate feedback and communication to us. Easy contact.’