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Competition

France

National and European competition law directly concerns any business set up in France, whatever its legal form, size, sector of activity or area of influence. In recent years, regulation in this area has increased significantly: 

  • Growth of national concentration control regulations, reforms of control exercised by the EU authorities 
  • Increase in proceedings for collusion and abuse of dominant market position, due to increased activity from the European Competition Network authorities and the development of leniency programmes 
  • Marked increase in the magnitude of sanctions and growth in civil actions for damages against those responsible for anti-competitive practices.  
Our practice areas
  • Concentration notifications to the national or international authorities
  • Assistance to businesses implicated in procedures undertaken by the national or European authorities (requests for information, on-the-spot investigations and searches, notification of grievances, negotiated procedures of non-contestation or leniency)
  • Filing of claims and proceedings in the case of anti-competitive practices (collusion and abuse of dominant position)
  • Advice on opening up public enterprise to competition, particularly in sectors facing deregulation (telecoms, energy, transport, postal services) ? Follow-up on pending cases before national institutions (competition law, requests for opinion) or EU institutions (competition law, state aid)
  • Assistance implementing compliance programmes regarding matters of competition
  • Advice on matters of public competition law (SGEIs, monopolies, cross-subsidies, state aid, replies to requests for tender, etc.) Legal aspects of distribution – choice of distribution systems and networks, verification of their conformity with competition law 
  • Advice on restrictive practices, particularly in the context of industrial/commercial relations (product listings, commercial cooperation agreements, discriminatory practices, payment terms).  
Our approach
  • An overall understanding of the interests of our clients, for whom we build tailor-made and innovative solutions: more than just experts, we treat the questions raised from a strategic point of view on top of a comprehensive evaluation of the client’s situation and priorities 
  • The capability to take on complex cases with multilingual lawyers who have a complete understanding of the concepts which arise not only in relation to competition law, but European and public law as well
  • Practice groups with access to other areas of expertise which exist within CMS Bureau Francis Lefebvre, as much legal as fiscal, guaranteeing a pluridisciplinary approach
  • Methodological rigour: anticipating the problems at the root of disputes and supporting proceedings brought by or against our clients through their various phases.   
Our clients

Large international groups as well as SMEs and professional organisations and partnerships put their faith in us, in sectors as varied as consumer goods, the agro-alimentary industry, telecoms, energy and the healthcare product industry for example.  

Our team

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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Our Com­pet­i­tion & EU Team

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06/11/2015
Provid­ing as­sist­ance to com­pan­ies on cus­toms mat­ters
The un­stop­pable ad­vance of glob­al­isa­tion and en­su­ing growth in in­ter­na­tion­al trade have re­in­forced the already im­port­ant role played by the cus­toms au­thor­it­ies. European Uni­on and na­tion­al cus­toms reg­u­la­tions...
01/04/2015
CMS Bur­eau Fran­cis Le­fe­b­vre as­sisted Moulin de Saur­et be­fore the French...
On Thursday, 26 March 2015, the French Com­pet­i­tion Au­thor­ity made a rul­ing (15-D-04) in a case in­volving an agree­ment between millers on a double con­cer­ted in­crease in the price of flour sold in baker­ies...
16/02/2015
CMS Bur­eau Fran­cis Le­fe­b­vre ad­vises the Com­pag­nie Fin­an­cière de l’Ori­ol...
CMS Bur­eau Fran­cis Le­fe­b­vre has ad­vised Com­pag­nie Fruitière in its op­er­a­tion to in­crease minor­ity cap­it­al sub­scribed by Unigrains and Crédit Ag­ri­cole (IDIA Cap­it­al In­ves­t­isse­ment and Sofipaca) as lead...
11/02/2015
CMS Bur­eau Fran­cis Le­fe­b­vre as­sisted Bolton Solit­aire be­fore the French...
CMS Bur­eau Fran­cis Le­fe­b­vre as­sisted Bolton Solit­aire be­fore the French Com­pet­i­tion Au­thor­ity in a case in­volving prac­tices of ex­chan­ging in­form­a­tion on the clean­ing products and cos­met­ics in­dustry.The...
22/01/2014
CMS Bur­eau Fran­cis Le­fe­b­vre ad­vises 21 Cent­rale Part­ners on the ac­quis­i­tion...
CMS Bur­eau Fran­cis Le­fe­b­vre ad­vised 21 Cent­rale Part­ners in the con­text of the ac­quis­i­tion of Syn­er­lab, one of the lead­ing French phar­ma­ceut­ic­al man­u­fac­tur­ers, from Ar­d­i­an which plans to re­in­vest in it...
23/10/2012
CMS ad­vises Coca-Cola En­tre­prise as part of a joint-ven­ture with APPE
CMS an­nounced today that they have ad­vised Coca-Cola En­tre­prise (CCE), lead­ing pro­du­cer and dis­trib­ut­or of non al­co­hol­ic ready to drink bever­ages in France, as part of a 6.5 mil­lion euros in­vest­ment in...
10/10/2012
CMS BFL sup­por­ted the Mo­bivia Group, Mi­das and Norauto
CMS Bur­eau Fran­cis Le­fe­b­vre sup­por­ted the Mo­bivia Group, Mi­das and Norauto dur­ing the French Com­pet­i­tion Au­thor­ity’s in­vest­ig­a­tion of the auto­mobile main­ten­ance and re­pair mar­ket.CMS Bur­eau Fran­cis...
26/07/2012
Mer­ger between Promeo and 21 Cent­rale Part­ners: CMS Bur­eau Fran­cis Le­fe­b­vre...
CMS Bur­eau Le­fe­b­vre is act­ing as ad­visor to 21 Cent­rale Part­ners’ hold­ing com­pan­ies in its with Promeo. The com­bin­a­tion of Promeo’s Vil­lage Cen­ter (Vil­lage Cen­ter Loisirs, Kawan Group and Le Gain)...
13/06/2012
CMS Bur­eau Fran­cis Le­fe­b­vre and the CMS Lux­em­bourg, Ger­many and Switzer­land...
CMS Bur­eau Fran­cis Le­fe­b­vre and the CMS Lux­em­bourg, Ger­many and Switzer­land teams ad­vise Nov­el­is Inc. on its sale of three plants to Amer­ic­an In­dus­tri­al Ac­quis­i­tion Cor­por­a­tion CMS Bur­eau Fran­cis Le­fe­b­vre...
22/02/2012
Dis­tri­bu­tion Net­work News­let­ter | Feb­ru­ary 2012
Le droit des pratiques re­strict­ives de con­cur­rence a vo­ca­tion à en­cadrer les re­la­tions entre fourn­is­seur et dis­trib­uteur. Il en ré­sulte in­évit­a­ble­ment des rap­ports d’in­flu­ence entre le droit des...
30/06/2009
The CMS Guide to Mer­ger Con­trol in Europe 2009
30/06/2009
Risky busi­ness: are you com­ply­ing with mer­ger con­trol re­quire­ments?
If you are in­volved in a mer­ger, the fourth edi­tion of the CMS Guide to Mer­ger Con­trol in Europe 2009 could save you time and money. Al­most all European coun­tries have im­ple­men­ted mer­ger con­trol re­gimes...