Competition / Regulation

Vogel & Vogel's competition law team, the largest on the market, intervenes in all fields of competition law, taking charge of all aspects of the cases entrusted to it.

Merger control

 

Vogel & Vogel assists its clients in connection with mergers between companies or the creation of joint ventures at all stages of the procedure (feasibility of the operation, notification of the operation to the competent competition authorities, defense of the decision of the competition authority before the courts, obtaining comfort letters). The firm also assists companies which are third parties to an operation (competitors, customers, suppliers) and who wish to make observations on the planned merger in order for the Competition Authority or European Commission to attach obligations to the merger authorization thereby allowing for better regulation of the market.  

 

Cartels

Vogel & Vogel assists companies in connection with vertical and horizontal agreements. In particular, the firm guides its clients wishing to ensure the legality of their conduct or who undergo dawn raids or receive statements of objections. The firm also assists companies desirous of filing complaints regarding possible anti-competitive agreements in their sectors.

Abuse of dominant position


Dominant undertakings on a market are subject to special constraints due to their importance on the relevant market. Vogel & Vogel advises its clients regarding these constraints. The firm also acts on behalf of economic operators who wish to challenge the conduct of a competitor, going before the competent competition authorities.

Training and competition audits

 

Vogel & Vogel regularly offers specific training in competition compliance (compliance programs) to its clients as well as competition audits within companies.

 

Dawn raids / searches and seizures


Vogel & Vogel offers its assistance regarding searches and seizures by the DGCCRF and/or the European Commission by sending its lawyers in order to ensure the conformity of the procedure. Furthermore, the firm assists its clients in connection with disputes related to such searches and seizures.

Unfair competition

 

Vogel & Vogel assists companies, both in filing claims and defending themselves in the area of unfair competition in matters involving claims of free-riding, disparagement, confusion, imitation, poaching or breach of non-compete clauses.  

 

State aid

 

Vogel & Vogel has renowned expertise regarding all questions which relate to public financing mechanisms. It regularly assists companies who wish to ensure the legality of the aid that has been received (more particularly through notification of the aid to the European Commission) or, inversely, companies complaining of the illegal nature of such aid.  

 

Sector-specific regulations


The sectors recently opened to competition (electricity, telecommunications, energy, on-line games, etc.) are regulated by sector-specific regulations involving new and diverse problems (margin squeezes, regulating pricing practices, obligations of access to infrastructures, etc.). Vogel & Vogel acts on behalf of economic operators on such “deregulated markets”, providing both advice and representation before the regulation authorities and appeal jurisdictions. More particularly, Vogel & Vogel intervenes regularly before the CORDIS [Committee for the Settlement of Disputes and Sanctions] of the Commission de Régulation de l’Energie (Energy Regulation Commission) (CRE), before the CSA [audiovisual board] and before the ARCEP [agency in charge of regulating telecommunications in France].

 

Free movement of goods and services / Freedom of establishment


The Treaty on the Functioning of the European Union enshrines the free movement of goods within the European Union. This freedom, however, is regularly violated in connection with practices relating to competition law. Arguments relating to the free movement of goods and services and the freedom of establishment can defeat protectionist practices preventing imports into the French territory.

 

Anti-dumping actions


Dumping consists not only in selling at a loss, but also in selling goods in another country at a lower price than the price charged in the country of origin of the undertaking in question. Vogel & Vogel has initiated anti-dumping actions in order to put an end to these unfair practices.

 

Restrictive practices / Pricing transparency

 

In spite of the principle of freedom to contract, numerous rules exist relating to pricing transparency and commercial cooperation. Vogel & Vogel assists its clients in their negotiations and in the establishment of their general conditions of sale and agreements so that they respect the rules in force and effect. Vogel & Vogel is also renowned for its experience in litigation connected to restrictive practices