Competition & Regulation department
Several sub-teams each composed of a manager and several associate lawyers.
- Vogel & Vogel is regularly called upon to assist clients in mergers either to accompany them through the merger control process or defending their interests as parties in respect of concerns relating to mergers of third parties.
(Cartels /abuse of dominance)
- Vogel & Vogel advises businesses in the context of vertical and horizontal agreements. We assist clients wishing to ensure the legality of their conduct and where objections have been raised against them.
- Dominant undertakings are subject to specific constraints due to their importance on the market in question. Vogel & Vogel advises its clients in light of such constraints.
- We also act on behalf of operators to file complaints relative to the actions of competitors with the relevant competition authorities.
- Vogel & Vogel offers bespoke training session on compliance with competition law.
- The firm organizes and carries out on-site mock dawn raids.
- Vogel & Vogel provides assistance during the search and seizures operations by the Competition Authority/DGCCRF and/or European Commission with the immediate dispatch of its lawyers to ensure procedures are respected.
- We also represent our clients in the event of disputes related to such raids.
- Experts in all matters relating to State aid we regularly assist companies in ensuring the legality of funding obtained (e.g. notification of the aid to European Commission) or in the context of complaints against aid received by other parties.
- Sectors recently opened to competition (electricity, telecommunications, energy, on-line gambling, etc.) are regulated by sector-specific regulations which trigger new and diverse issues (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 CRE (Energy Regulation Commission), before the CSA (audiovisual board) and before the ARCEP (agency in charge of regulating telecommunications in France).
Restrictive practices / Price transparency
- In spite of the principle of freedom of contract, numerous rules exist under French law relating to pricing transparency and commercial cooperation.
- Vogel & Vogel assists its clients in their negotiations and in the establishment of their general terms and conditions of sale and agreements so that they respect the rules in force.
- The firm is also renowned for its experience in restrictive practices litigation, particularly in the area of the termination of established commercial relationships, de-listing, significant imbalance and resale price maintenance.
Civil competition actions
- Vogel & Vogel assists its clients in defense of damages actions or class actions brought by consumer associations.
- The firm has developed considerable expertise in private enforcement on behalf of both plaintiffs and defendants with regard to competition law infringements.
Competition Inspection: How to react?
Vogel & Vogel has been successful in:
- preventing the Clear Channel/Metrobus merger,
- obtaining EUR 100 million in damages award for its clients in one year,
- obtaining the exoneration of clients in numerous cases (toys, automobiles, Stade de France),
- obtaining sanctions for gun-jumping (first time in France),
- obtaining first ever ruling sanctioning non-compliance with commitments in the field of merger control under the new Macron Law procedure.