Upcoming Vogel & Vogel conferences for the 2nd quarter of 2013

The firm’s philosophy is to participate in the debate on issues of economic law by promoting legal efficiency.

To that end, the firm takes part in a large number of public lectures and also organizes conferences for its clients dedicated to topics which, being of particular interest to them and at their request, we have included in our conference program.
 

1. Public lectures with participation by Vogel & Vogel

• 30 May 2013 - Paris: Lexis Nexis Distribution Networks day

11:30 to 12:30 - Joseph Vogel will give a lecture on exclusive and selective distribution agreements as part of this new annual conference organized by Lexis Nexis dedicated to the developments and  practices of distribution networks.

• 18 June 2013 - Montpellier : New developments in exclusive distribution.

At the invitation of Professor Didier Ferrier, Joseph Vogel will provide a day of lectures in Montpellier to students training to be in-house counsel (DJCE).  Lectures will be based on new developments and issues of exclusive distribution from the point of view of the lawyer advising suppliers operating distribution networks.

• 25 June 2013 - Brussels: Competition Law Challenges in the Motor Vehicle Sector 2013

Radisson Blu Royal Hotel, Brussels, 9 AM – 6.30 PM

Joseph Vogel will debate with Thomas Funke from 10 – 11 AM on the following topic: The results of the French Competition Authority’s motor vehicle sector inquiry.
 

2. Conferences reserved for the firm’s clients  

The next conferences organized on topics having aroused the most interest according to the results of the survey carried out during our conference on 9 April 2013 on antitrust raids. They are:

• Current procedural and legal issues in after-sales: amicable and court-ordered expert appraisals, warranty against hidden defects and product liability etc. (conference planned for week 21).

Speakers will be Charles Fahrner and Sylvain Corvol plus two guest speakers – a specialist expert assessor in the automobile sector and a fire expert.

• Avoiding the “breach of established commercial relations” trap:

Lecture by Joseph Vogel and Xavier Henry with, as guest speaker, a financial expert specialized in the evaluation of economic and commercial damage (planned for June).
 

For further information, please contact:

Marine Bollack

marine.bollack@vogel-vogel.com

Tel: + 00 33 (0) 1 53 67 76 20

The Court of Justice of the European Union has just handed down its judgment in one of the most important State aid cases ever heard concerning the credit line of 9 billion euros put at the disposal of France Telecom by the French State in December 2002, when the financial situation of the company was such that it no longer had access to bond markets.

The State had first announced the shareholder loan in the form of a credit line and subsequently sent the corresponding agreement a few days later. Since the announcement was sufficient to reassure the markets, France Telecom was able to issue bonds without having to sign the credit loan offer. The General Court considered that the credit loan announcement, on its own, had not procured a sufficiently connected advantage to the transfer of resources flowing from the agreement. Therefore, the General Court “disjointed” the State’s intervention by distinguishing the announcement of the credit line from the offer of this credit line. It also required a very narrow causal link between the transfer of resources and the advantage (the General Court required that the transfer “correspond” to the advantage granted).

In the appeal filed in the name of Bouygues SA and Bouygues Telecom, the law firm Vogel and Vogel challenged both points.

The ECJ quashed the judgment considering that:

1. State interventions must be analyzed according to their effects – several interventions can therefore be considered as one unique intervention if they are narrowly connected.
2. it is not necessary that such a commitment should correspond or be equivalent to the advantage and that this advantage should be the counterpoint or of the same nature.

This is a landmark judgment with regards to State aid law and a strong political signal to the Member States on the limits that must be satisfied in respect of their relationship with State controlled companies.

The law firm Vogel & Vogel represented both Bouygues SA and Bouygues Telecom, the companies having filed the original complaint.

http://curia.europa.eu/jcms/upload/docs/application/pdf/2013-03/cp130032...

http://curia.europa.eu/juris/document/document.jsf?text=&docid=135222&pa...   

Press release

We are pleased to inform you that our firm will be taking part in the following conferences at the beginning of 2013:                                      

AFEC conference -  Monday 28 January (2 PM – 6.30 PM), Rétrospectives 2012 et prospectives

Law of anticompetitive and restrictive practices, Paris.

Louis Vogel will hold a conference on the theme of tariff discrimination as part of the AFEC conference of 28 January 2013:

Tariff discrimination: Law of anticompetitive practices and/or Title IV? How much margin for maneuver do businesses have ?

Location: Maison de l’Europe 35-37, rue des Francs Bourgeois 75004 Paris.

                                                                                              ****

Concurrences Journal Seminar on Law and Economics – Wednesday 6 February 2013 (8.30 AM – 10.30 AM) at the offices of Vogel & Vogel, Paris:

with the participation Emmanuel Combe, Vice-President of the Competition Authority, Joseph Vogel, Managing Partner of Vogel & Vogel and Laurent Flochel, CRA.

This seminar will focus on the following topic: Civil claims for loss resulting from anticompetitive practices: damages claims by victim undertakings.

Joseph Vogel will cover the following issues:  

Traps, intricacies and pitfalls of private enforcement procedures.

http://www.concurrences.com/IMG/pdf/concurrences_vogel-microeconomix_101012_brochure_ld3.pdf

Location: Maison des Arts et Métier, 9, avenue d’Iéna 75116 Paris.

                                                                                              ****

Motor Law Conference - 27 February 2013 (9 AM – 4.30 PM) in London:

Joseph Vogel has been invited by the organizers of the traditional Motor Law Conference, held every year in London, to give a talk on the following issue:

Block Exemption prospect: the car market

Location: Royal Automobile Club, Pall Mall, London.

The firm Vogel & Vogel had a particularly inspiring end-of-year in 2012 winning three major awards in a row in high-profile competition cases:

• Mobile telephony – on-net/off-net call rate discrimination case

In a decision handed down on 13 December 2012, pursuant to a complaint filed by Bouygues Telecom, represented by Vogel & Vogel, the French Competition Authority fined two operators EUR 183 million for anticompetitive rate differentiation on the mobile telephony market. The decision is subject to appeal.

• Stade de France/FFR case

By decision of 20 December 2012, the Competition Authority dismissed the complaint by the French Rugby Federation against the Stade de France, Vogel & Vogel’s client. The decision is subject to appeal.

• Pay TV case

In a judgment rendered on 21 December 2012, the Conseil d’Etat, called upon to rule on the dispute, rejected the appeal by Group Canal+ and Vivendi against the decision of the Competition Authority on the exclusive takeover of TPS and Canalsatellite and validated the voluntary interventions in support of the Competition Authority of the specialised channels of Group TF1, represented by Vogel &  Vogel.
 

The Trophées du Droit et du Contentieux 2012 Ceremony, organised by the Décideurs Magazine, rewarded the best law firms in France on the 29th of November 2012. This annual event gathers more than 700 décideurs juridiques and rewards the best teams specialized in different areas of the law.

Vogel & Vogel was nominated for the Distribution Law Trophy. 

Vogel & Vogel received the "Mention Spéciale" Trophy in Distribution Law.

Décideurs Press release

Slides and photos of the conference on sanctions under competition law (31st of October 2012)

The conference organised by Vogel & Vogel, in collaboration with e-Competitions, on the sanctions under competition law took place on the 31st of October at the Maison des Arts et des Métiers.

The slides of the conference are available in the Espace client of our website under the section "Nos Evénements".

You can also find the photos of the conference by clicking on the link below:

Photos of the conference

Publication of the multi-jurisdictionnal handbook International Competition Litigation

The handbook International Competition Litigation, published by Wolters Kluwer, has just been released. Louis et Joseph Vogel drafted the contribution for France.

Vogel & Vogel is organizing, on the 31st of October and in collaboration with e-Competitions, a conference dedicated to sanctions under competition law: towards the generalization of a double, or even triple sentence?

The topic will be approached from an economic, administrative and criminal perspective.

The conference will take place at the Maison des Arts et Métiers (9 bis avenue d’Iéna, 75116 Paris) at 14:00. The programme is the following:

• 14:00 - Welcome & Registration
• 14:35 - Welcome speech by Louis Vogel
• 14:40 - Speech by Mr. Fréderic Jenny on the articulation between the different types of penalties from an economic perspective
• 15:20 - Speech by Louis Vogel on administrative penalties: Effectiveness of the control or legal certainty?
• 16:00 - Questions and breack
• 16:40 - Speech by Joseph Vogel on civil penalties: What are the means of defense?
• 17:20 - Speech by Jean-Bernard Blaise on criminal penalties: What are the risks?
• 18:00 - Cocktail

You can register to this conference by clicking on the link below:

http://concurrencessanctions.eventbrite.com/

October 2012: Visit of our Andorran Best Friend, Eurolex - Conference on 1 October 2012

Vogel & Vogel is organizing a conference with Eurolex, our Andorran Best Friend.

This conference will take place on October 1st, 2012 from 9 am to 11 am. A breakfast will be served at 8.30 am.

The topic is the following: « Andorra: a new opportunity in Europe ».

Please click on the link below to find the full programme:
 

Programme of the conference

You can register on the following website: http://vogelandorre.eventbrite.com/

Joseph Vogel interviewed by GCR and autoactu regarding the Commission's guidelines relative to the application of competition law rules to the automobile sector.

The European Commission published on the 27th of August guidelines on how it will consider agreements between car makers and their authorised repairer network under the block exemption regulation. This guide clarifies the competition law rules on the after-market for car parts.

According to Joseph Vogel, the Commission's approach is too strict and underestimates competition in the aftermarket for car parts:

“[The commission] consider[s] that the sale of new cars is very competitive but that the aftermarket could be subject to a higher level of competition,” he says. “This focus seems excessive. In effect, the aftermarket is characterised by structural orientations likely to make it more and more competitive. Despite some useful clarifications, on many points, the commission’s position seems excessively restrictive in relation to the level of effective competition on the aftermarket and is sometimes focused on theoretical issues whereas the real economical and competitive problems of the aftermarket do not seem to be sufficiently taken into account.” (GCR interview).

Amongst the subjects adressed by the Commission, many are linked to the relations between the manufacturer and its network. On the question as the whether "a vehicle supplier may refuse access to its authorised repair network on the grounds that the repairer in question is already authorised to repair vehicles of a brand of a competing vehicle supplier?, the Commission answers that "in general" a supplier cannot refuse access to its network on such grounds, as this does not amount to a qualitative requirement which is objectively justified. Yet, networks are usually open to all companies who respect the qualitative requirements set-out by the manufacturer. "If it is more prudent to follow this recommendation, the debate is not definitely closed", according to Joseph Vogel. "It is important to observe the consequences of the German case-law of the BGH who has considered that a non-approval of an authorised repairer had to be analysed on the market for the offer and demand of authorised repairer agreements on which no manufacturer has markets shares above 30%". (autoactu interview).

Article by Joseph Vogel to be published in the RJDA regarding the CJEU's decision Auto 24/Jaguar Land Rover
 

An article written by Joseph Vogel on the CJEU's decision Auto 24/Jaguar Land Rover will be published in the Etudes et Doctrine section of the RJDA in its October edition. This article will also be available on the firm's website in the "Articles" section.

Overview of the award ceremony of the Prix Vogel in economic law published in the magazine L'Expansion

The award ceremony of the Prix Vogel in economic law took place on the 12th of June at the Maison des Arts et des Métiers. You can find an overview of this ceremony published in the magazine L'Expansion of July-August by clicking on the link below:

Article by L'Expansion

The award ceremony of the Prix Vogel of Economic Law took place on the 12th of June at the Maison des Arts et des Métiers, in presence of Christophe Barbier, Managing Editor for L’Express.

During this ceremony, the Jury of the Prix Vogel awarded 4 candidates:

Three nominees:

• Suzanne Lequette, for her thesis entitled « Le contrat-coopération, contribution à la théorie générale du contrat » ;
• Frédéric Messina, for his thesis entitled « Equilibre concurrentiel et sport professionnel : l’exemple du football européen » ; and
• Ludivine Roussey, for her thesis entitled « Analyse économique des moyens et de l’organisation de la justice ».

And one winner:

•  Géraldine Demme, for her book entitled « Le droit des restrictions verticales ».

The slides projected during the ceremony are available in the Espace client, under the section "Nos conférences".

Vogel & Vogel will participate in several conferences dedicated to competition and distribution law between May and July :

8 June 2012 : after-sales symposium - autoactu.com, Paris, Pavillon Dauphine

Joseph Vogel will participate in the roundtable: "Liberalisation of pieces of bodywork, which consequences?".

28 June 2012 : Competition Law Challenges in the Motor Vehicle Sector 2012, Bruxelles, Radisson Blue Royal Hotel

Joseph Vogel will intervene on the subject « Distribution in the aftermarket – vehicle manufacturers’ and suppliers’ perspectives ».

5 July 2012 : Campus, UNESCO, Paris, Distribution law module

Joseph Vogel will lead the Distribution law module on the theme of the important debates regarding distribution law.

10 July 2012: LexisNexis Distribution Law training, Paris

Joseph Vogel will run a training session dedicated to exclusive and selective distribution agreements:

• selective distribution and the Internet
• the new automobile distribution agreements
• the access to network
• the exit of the network

Joseph Vogel a published an article on non-compete clauses during the life span of the contract in the Jurisprudence Automobile review, No 839, April 2012.

Louis Vogel and Joseph Vogel have just published two new books:

• Business Law in 300 practical recommendations; and

• European Distribution Law.

Please find these books in our section “Publications” - http://www.vogel-vogel.com/en/publications/books.

If you wish to have further information on these books, please contact Mrs. Stéphanie Boudin by email or telephone (stephanie.boudin@vogel-vogel.com ; 0033 1 53 67 76 20).

The Vogel & Vogel International Network expands to Andorra with the arrival of Eurolex Andorra. The Vogel & Vogel International Network is now present in 49 countries worldwide.

March 2012: Vogel & Vogel once again ranked "key player" in competition and distribution law

The magazine Décideurs ranks Vogel & Vogel as a key player in competition law, deregulation and regulated markets, distribution law and franchise law in its 2011-2012 directory.

Extracts : "completely dedicated to economic law, the specialization of the law firm allows it to carry the flag of distribution law. Vogel & Vogel has developed a network of best friends and therefore developed its brand around the world. Key players and complementary, the Vogel brothers continue to surprise us".

The magazine Global Law Experts which references the best Law firms and Lawyers worldwide recommends our Law Firm and more particularly Joseph Vogel for Antitrust Law.

Please find the company profile by clicking on the link below:

http://www.globallawexperts.com/CompanyProfile.aspx?PID=1834

Vogel & Vogel is ranked in the 100 top business law firms by the magazine Décideurs in its 2012 Directory.

Vogel & Vogel ahs been ranked "Elite Firm" in competition law by Global Competition Review 100 12th edition. 

To see the advert of the firm and the entire ranking, please click on the link below:

Rankings France - GCR 100 12th edition

Joseph Vogel has been interviewed by the magazine autoactu.com regarding the Jaguar Land Rover/Auto 24 dispute before the Court of Justice in Luxemburg.

Please click on the link below to read the interview:

Interview of Joseph Vogel

Vogel & Vogel published the following 4 articles in the Concurrences Journal (Institute of Competition Law), n° I-2012, January 2012:

• Internet distribution after the Pierre Fabre case, by Louis Vogel.
• Price negotiations between suppliers / retailing and distribution industry: How should the 2012 negotiations be approached?, by Joseph Vogel.
• The case-law regarding the challenging of distribution networks on the on the basis of competition law, by Joseph Vogel.
• How should a distribution network be set up today, by Jean-Bernard Blaise.

Vogel & Vogel in India for the Automobile Fair in New Delhi (3-7 of January 2012)

India represents a growing market for European companies and Europe a potential market for the Indian economy.

To meet these demands, our law firm has created an Indian desk managed by Charles Fahrner. He will be in India between the 3-7 January 2012 to attend the conference held by the Society of Indian Automobile Manufacturers, to analyse the input of the Automobile Fair in New Delhi and to meet with the main Indian law firms specialised in competition and distribution law.

The Vogel & Vogel International Network expands to Ireland with the arrival of Eugene F. Collins. The Vogel & Vogel International Network is now present in 48 countries worldwide.

Vogel & Vogel is organizing a conference in its offices with the magazine Concurrences (e-Competitions)  on Wednesday 14th of December regarding the following topic: Distribution networks and competition law.

The programme is the following:

12.30 - 13.00 Lunch

13.00 - 13.15 Speech by Mr. Étienne Pfister (Rapporteur général adjoint, Autorité de la concurrence) on the decisional practice of the Autorité de la concurrence

13.15 - 13.45 Speech by Mr. David Spector (MAPP) on the issue of exclusivities from an economic point of view

13.45 - 14.15 Speech by Mr. Joseph Vogel on the case-law regarding the challenging of distribution networks on the basis of competition law

14.15 - 14.30 Discussion then coffee

You can register by clicking on the link below:

http://reseauxdedistribution.eventbrite.com

For any additional information, please contact Mrs. Stéphanie Boudin by email (stephanie.boudin@vogel-vogel.com) or by telephone (0033 - 1 53 67 76 20).

Publication of new collection of books in competition, distribution and European law

Louis Vogel and Joseph Vogel have published a new updated collection of books in competition, distribution and European law:

Books in English:

• French Competition Law, by Louis Vogel
• European Competition Law, by Louis Vogel
• European Distribution Law, by Louis and Joseph Vogel
• European Business Law, by Louis Vogel

Books in French:

• A Treaty in 3 volumes:
  • T.1 Competition Law (French and European), by Louis Vogel
  • T.2 Distribution Law (French and European), by Louis and Joseph Vogel
  • T.3 European Business Law, by Louis Vogel

• A book dedicated to Business Law in 300 practical recommendations, by Louis and Joseph Vogel

You can find all these books in the “Publications” section of our website, under the heading “Books”.

The Vogel & Vogel International Network expands to Russia with the arrival of Shevyrev & Partners. The Vogel & Vogel International Network is now present in 47 countries worldwide.

October 2011: The magazine Global Law Experts which references the best Law firms and Lawyers worldwide recommends our Law Firm and Joseph Vogel for Distribution Law.

http://www.globallawexperts.com/CompanyProfile.aspx?PID=1485

Vogel & Vogel was created 20 years ago. For this occasion, lawyers, clients and best friends of the firm, as well as many guests, met around Louis Vogel and Joseph Vogel on Tuesday 13th of September, at the Maison des Arts et des Métiers.

Videos of the highlights of the evening will be uploaded very shortly.

In the meantime, please find the written speech of Louis Vogel by clicking on the link below:

Speech by Louis Vogel

Vogel & Vogel is described as a key player in competition law, deregulation and regulated markets, distribution law and franchise law by the magazine Décideurs in its 2010-2011 directory.

The law firm is described as an "atypical structure on the market completely dedicated to competition and distribution law. A specialization which allows the firm to propose the most important fire power on the market. Key players and complementary, the Vogel brothers logically won the Gold Trophy of the best team in distribution law".

Legal 500 Paris has distinguished Vogel & Vogel in European, competition and distribution law in its 2011-2012 edition.
 

The legal guide describes the firm in the following way: "France’s largest distribution and competition boutique, Vogel & Vogel has strong litigation expertise while also handling merger-control work. The 29-lawyer firm is led by Joseph Vogel and the president of the University of Paris II Louis Vogel. As long-term advisor to Bouygues, the boutique is involved in strategic work in the telecoms and audiovisual sectors, recently winning a case against Orange leading to the suspension of Orange’s exclusive rights to the iPhone in France. The firm also successfully represented Bouygues Telecom Caraïbes and Digicel against Orange Caraïbe and France Telecom before the French Competition Authority."

Joseph Vogel published an article on the Primagaz case in the Journal of European Competition Law & Practice, volume 2 No 3, pp. 229-230, June 2011 (Oxford Journals).

The French Court of Cassation confirms the Paris Court of Appeals' decision dismissing UFC Que Choisir's class action against Bouygues Telecom. Vogel & Vogel represented Bouygues Telecom before the Paris Commercial Court and Court of Appeal.

Joseph Vogel has been interviewed by the magazine autoactu.com in connection with the new guidelines published by the French competition authority regarding the calculation of fines in the event of a breach of competition rules.

The Décideurs review published an article on Vogel & Vogel in its 2011 Annual Guide.

Guide des Cabinets d’Avocats d’affaire & leurs partenaires et prestataires 2011, p. 200-203, Magazine Décideurs, Groupe Leaders League
www.magazine-decideurs.com

Vogel & Vogel has issued its monthly newsletter for March, 2011.

Vogel & Vogel has issued its monthly newsletter for February, 2011.

Joseph Vogel published an article on the legal system applicable to restrictions on Internet distribution, Concurrences, No I-2011, January 2011.