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Rankings France - GCR 100 12th edition

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THE INTERNATIONAL JOURNAL OF COMPETITION POLICY AND REGULATION www.globalcompetitionreview.com <strong>GCR</strong><strong>100</strong> 2012<br />

A GUIDE TO THE WORLD’S LEADING<br />

COMPETITION LAW AND ECONOMICS PRACTICES<br />

12 TH ANNUAL EDITION – REVISED AND UPDATED


INTRODUCTION<br />

WELCOME to the 2012 <strong>edition</strong> of the <strong>GCR</strong><br />

<strong>100</strong>, our comprehensive, independent<br />

assessment of the world’s top antitrust<br />

and competition practices. As in past<br />

years, the <strong>GCR</strong> <strong>100</strong> offers extensive qualitative analysis<br />

of antitrust groups in jurisdictions around the world.<br />

Compiled by the staff of Global Competition Review,<br />

the publication profiles more than 400 competition<br />

practices at over 300 law firms from across the globe.<br />

Our sister survey, the Economics 20, offers a picture<br />

of the world’s leading economics consultancies for<br />

competition advice.<br />

This year, we feature firms in 41 jurisdictions –<br />

Massachusetts is our new addition to our listings – in<br />

a bid to provide a truly global analysis. The entries<br />

here are based on the information we gather during<br />

our country surveys. Every month, reporters visit two<br />

jurisdictions where they meet with the country’s leading<br />

competition practitioners, as well as the head of the<br />

local enforcement agency. In 2011, we visited Korea,<br />

Ireland, Germany, Boston, Norway, Finland, Greece,<br />

Chicago, Washington, DC, Spain, the Netherlands,<br />

Chile and the UK. The information gathered during<br />

these visits is coupled with an understanding of different<br />

jurisdictions gathered from more than a decade of<br />

reporting competition news around the world.<br />

Firms are grouped into three categories: elite, highly<br />

recommended and recommended. Within each division,<br />

the firms are listed in alphabetical order. Some firms<br />

appear several times in the <strong>GCR</strong> <strong>100</strong> – a reflection of<br />

their strong practices in more than one jurisdiction.<br />

We have contacted each of the firms included in<br />

our monthly surveys and asked them to update their<br />

information and provide an overview of their work and<br />

any changes to their competition team. Our data covers<br />

the period 31 July 2010 to 1 August 2011, though we<br />

make every effort to include significant developments<br />

since the end of this period, in the interests of making the<br />

publication as relevant as possible. We do not attempt<br />

to cover every firm with a competition law practice in<br />

the listed jurisdictions. We instead use our research to<br />

provide a picture of the leading practices.<br />

In addition to the country surveys, we use knowledge<br />

garnered through our daily news reporting duties to<br />

inform our analysis. Each day, <strong>GCR</strong> reporters talk to<br />

lawyers, economists and enforcement officials based<br />

all over the world, which gives us a broad picture of<br />

developments in the competition world as they unfold.<br />

This information is vital to our research for this<br />

publication, as it gives us a clear understanding of which<br />

firms are fastest to react to major changes in a jurisdiction<br />

– and can then pass on that knowledge to their clients.<br />

Knowing which is the best firm in an individual<br />

jurisdiction doesn’t necessarily reflect how it performs<br />

on a global stage. For that, we turn to the Global Elite,<br />

our assessment of the top 20 competition practices in<br />

the world, which includes a detailed profile of each<br />

firm featured. To help us determine the international<br />

superstars of the competition bar, we look at several<br />

factors. The size of a firm’s practice is undeniably<br />

important; though quantity doesn’t always guarantee<br />

quality, large practices are generally well equipped to<br />

handle big cases. And it makes sense to assume that firms<br />

fielding large competition teams can justify them in terms<br />

of the value they add.<br />

We also consider the reputations of individual<br />

lawyers within each practice with the help of our<br />

sister publication, The International Who’s Who of<br />

Competition Lawyers and Economists. The Who’s<br />

Who is the product of exhaustive research conducted<br />

over the year, in which researchers speak to hundreds<br />

of lawyers and clients to canvass their views on the very<br />

best individuals in the field. The number of individuals<br />

from a given firm featured in the Who’s Who tells us a<br />

great deal about that firm’s quality.<br />

Also, we asked all of the firms we surveyed for this<br />

<strong>edition</strong> to tell us which of their rivals they most respected<br />

– both within their given jurisdictions and globally.<br />

Their answers help to shape our reporting and weigh<br />

considerably in calculating which firms will appear in<br />

the Global Elite.<br />

Finally, we consider the stability of a firm’s antitrust<br />

practice, weighing new hires and promotions over the<br />

last year, as well as looking at who’s leaving the firm.<br />

<strong>GCR</strong> <strong>100</strong>: INTRODUCTION<br />

www.globalcompetitionreview.com 3


<strong>GCR</strong> <strong>100</strong>: INTRODUCTION<br />

<strong>GCR</strong> <strong>100</strong><br />

Successful firms are able to recruit – and retain – the very<br />

best practitioners. This year, those factors have become<br />

even more important after the venerable antitrust group<br />

at Howrey disbanded last year – flooding the market<br />

with a once-in-a-generation deluge of dozens of talented<br />

and experienced competition lawyers. For this <strong>edition</strong><br />

of the <strong>GCR</strong> <strong>100</strong>, we find out where the former Howrey<br />

antitrust partners landed.<br />

We hope that the <strong>GCR</strong> <strong>100</strong> serves a dual purpose.<br />

First, to provide food for thought as to what really makes<br />

one antitrust practice better than the next. And second,<br />

to provide a practical resource for in-house counsel<br />

or for law firms looking to refer work or build more<br />

contacts internationally.<br />

For firms featured in the <strong>GCR</strong> <strong>100</strong>, we list the<br />

practice head, the number of specialists (broken down<br />

by partner, counsel/consultants and senior and junior<br />

associates) and the firm’s major clients. In the rare<br />

instances where firms did not take part in the research<br />

we do not include a write-up, but we do mention them<br />

in the accompanying table.<br />

For the Global Elite, we consider additional criteria<br />

including the number of Who’s Who nominees in the<br />

firm, as well as the percentage of the partnership<br />

to feature in the Who’s Who. We list lateral hires,<br />

partner departures and promotions, and we look at the<br />

competition department as a percentage of the firm as a<br />

whole. We distinguish between firms that see competition<br />

as a main source of work, and those for which it is just<br />

one of many departments that feed at the table of larger<br />

corporate practices.


FRANCE<br />

Competition is fierce among the many antitrust practices operating in <strong>France</strong>.<br />

Firms set themselves apart by being involved in the biggest cases, both in<br />

<strong>France</strong> and internationally. Litigation matters, both private and government-led,<br />

are the cornerstone of almost all practices<br />

ElitE<br />

The four competition partners at Bredin Prat have<br />

built up sterling reputations. The team is co-led by<br />

antitrust heavyweights Robert Saint-Esteben and<br />

Hugues Calvet. Together with partner Olivier Billard,<br />

they are all nominees to The International Who’s Who<br />

of Competition Lawyers and Economists and are<br />

often cited by rivals as the most respected lawyers in<br />

the market. Partner Marie-Cécile Rameau is similarly<br />

renowned as a high-quality practitioner. They are<br />

supported by five senior associates, five associates and<br />

three trainees.<br />

The firm has participated in some of the best-known<br />

cases of the year, both in <strong>France</strong> and at the European level.<br />

Calvet and Billard successfully advised ArcelorMittal<br />

in its appeal against the European Commission’s 276<br />

million fine for cartel activity in the pre-stressing steel<br />

sector. The fine was reduced by 84 per cent to 45.7<br />

million. Similarly, Saint-Esteben represented Air Liquide<br />

in the EU General Court’s annulment of a cartel case<br />

brought by DG Comp against Air Liquide over the<br />

actions of its subsidiary.<br />

In <strong>France</strong>, Bredin Prat is advising French search<br />

engine operator 1PlusV in its prominent complaint<br />

against Google for alleged abuse of dominance in the<br />

online search market. The company has complained<br />

to the European Commission and filed a 295 million<br />

damages claim at Paris’s Commercial Court. Calvet<br />

and Rameau are also representing <strong>France</strong> Telecom and<br />

Orange Caraïbe for alleged abuse of dominance in<br />

the French Caribbean. The case has taken on greater<br />

significance after the Commercial Court allowed <strong>France</strong><br />

Telecom and Orange Caraïbe to use documents from the<br />

Competition Authority’s files in its defence. Consumer<br />

directory PagesJaunes and tyre manufacturer Michelin<br />

are also on Bredin Prat’s books in abuse of dominance<br />

cases.<br />

In other matters, Billard is representing French<br />

incumbent railway company SNCF in a restructuring<br />

state aid case before the European Commission.<br />

Antoine Choffel in Paris and Stéphane Hautbourg<br />

in Brussels head Gide Loyrette Nouel’s competition<br />

practice. The firm says the two teams are “one and<br />

the same” competition practice, although in our table<br />

below we count only the Paris-based partners. Rival<br />

practitioners maintain that Choffel, a Who’s Who Legal<br />

nominee, is among the most respected antitrust lawyers<br />

in the bar. Emmanuel Reille was promoted to partner<br />

earlier this year.<br />

Gide’s competition lawyers say they have worked on<br />

a significant number of behavioural matters this year.<br />

Choffel and Reille are advising Sony in a price-fixing<br />

case in which the Competition Authority used evidence<br />

from telephone conversations recorded without the<br />

companies’ knowledge. <strong>France</strong>’s Supreme Court ruled<br />

that the evidence was inadmissible under the French Civil<br />

Procedure Code and European Convention on Human<br />

Rights. The firm also continues to represent bank BPCE<br />

in an appeal against a Competition Authority fine for<br />

price fixing on interchange fees. BPCE was also involved<br />

in establishing a set of commitments with the authority<br />

over banking fees, which was published in April.<br />

On the merger side, in the wine and spirit sectors<br />

Gide’s advised both <strong>France</strong>’s Castel and Japan’s<br />

Suntory in a joint acquisition of holding company<br />

Grands Millésimes de <strong>France</strong>. It was approved without<br />

conditions by the European Commission in March. The<br />

firm is involved in several more confidential competition<br />

matters.<br />

<strong>France</strong> Telecom, Pernod Ricard, Amazon and SNCF<br />

are among Gide’s regular clients.<br />

Founded 21 years ago by brothers Louis and Joseph<br />

Vogel, competition boutique Vogel & Vogel has the<br />

largest practice in Paris, comprising 35 antitrust<br />

specialists.<br />

The group is made up of eight specialist counsel and<br />

25 associates. The brothers remain the only partners at<br />

the firm, with Joseph Vogel nominated to Who’s Who<br />

Legal.<br />

<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

www.globalcompetitionreview.com 77


The firm advised Primagaz in Competition<br />

Authority proceedings over alleged cartel activity and<br />

collective abuse of dominance. The matter was closed<br />

after the authority found key elements of a leniency<br />

application were forgeries, and that there was no proof<br />

of infringement.<br />

Telecoms work has been plentiful. The firm<br />

represented Bouygues Telecom in a successful appeal<br />

at the Court of Cassation against claims of price<br />

discrimination from <strong>France</strong> Telecom and Orange. The<br />

firm also acted for Bouygues in an abuse of dominance<br />

claim against <strong>France</strong> Telecom and Orange related to<br />

markets in the French Caribbean.<br />

On the mergers side, Vogel & Vogel handled banking<br />

group BFCM’s takeover of Est Républican, one of<br />

<strong>France</strong>’s largest regional press groups; it was cleared<br />

with conditions. The firm is proud of its reputation in<br />

the media sector. Meanwhile, Vogel & Vogel also acted<br />

for Beaumanoir Group in its acquisition of clothing<br />

company La City Group, which was cleared in March.<br />

HigHly RECommENdEd<br />

Restructuring at Clifford Chance’s Paris practice has<br />

ensured the firm remains a strong and active competition<br />

team in <strong>France</strong>. Practice leader Patrick Hubert was joined<br />

in September by renowned London partner and global<br />

competition head Oliver Bretz. Both are Who’s Who<br />

Legal nominees along with of counsel Michel Petite.<br />

The team is experienced. Hubert was formerly<br />

rapporteur general of <strong>France</strong>’s Competition Authority<br />

and Petite was director general of the European<br />

Commission’s legal service. Katrin Schallenberg, who<br />

was promoted to counsel this year, previously worked at<br />

the UK’s Office of Fair Trading. Two more counsel and<br />

seven associates complete the practice.<br />

Clifford Chance is advising Oracle on interim<br />

proceedings regarding an abuse of dominance complaint<br />

from rival HP, and is acting for the Dutch National Bank<br />

in support of ING against a DG Comp decision relating<br />

to state aid granted by the Netherlands to ING.<br />

On the transactional side, Clifford Chance represents<br />

the French Professional Football League regarding the<br />

tender process for the audio visual rights of the French<br />

“Ligue 1” football division. It is also acting for Caisse<br />

des Dépôts et Consignations and CNP in the acquisition<br />

of a minority shareholding in GRT Gaz. Bretz has also<br />

brought several continuing UK matters which are now<br />

under the purview of the Paris office.<br />

Darrois Villey Maillot Brochier’s competition practice is<br />

going from strength to strength under the leadership of<br />

Didier Théophile and Igor Simic, both Who’s Who Legal<br />

entrants. Third partner Henri Savoie joined the practice<br />

earlier this year.<br />

While the firm is acknowledged historically for<br />

its exceptional merger work, Darrois Villey has been<br />

particularly active on the behavioural front this year.<br />

Having advised long-standing client Banques Populaires<br />

in its merger with Caisses d’Epargne, the firm continues<br />

to advise the merged bank BPCE in the Competition<br />

Authority investigation of interchange fees. Darrois<br />

Villey also successfully defended La Poste before the Paris<br />

Court of Appeals in a 500 million lawsuit regarding<br />

alleged abuse of dominance.<br />

The practice is also acting for French energy<br />

management specialist Schneider in a <strong>100</strong> million<br />

antitrust damages claim brought by railway incumbent<br />

SNCF before the French Administrative Court, and<br />

advising French publisher Gallimard over a European<br />

Commission investigation of e-books, but the commission<br />

ended its probe of Gallimard in December.<br />

Merger work also continues apace at Darrois Villey,<br />

and the firm is advising logistics company Geodis, a<br />

subsidiary of SNCF, in its proposed takeover of rival<br />

Tatex, which the authority has taken to Phase II.<br />

Who’s Who Legal nominee Jérôme Philippe leads the<br />

Paris competition practice at Freshfields Bruckhaus<br />

Deringer. He is supported by partner Maria Trabucchi,<br />

who returned to the firm in 2009 with a team from<br />

Weil Gotshal & Manges, having begun her career at<br />

Freshfields. Two counsel and eight associates make up<br />

the modest but well-regarded team.<br />

Multi-jurisdictional merger filings have been<br />

something of a speciality at Freshfields this year. The<br />

firm recently advised Converteam on its US$3.2 billion<br />

sale to General Electric, which required filings in six<br />

jurisdictions, including the European Commission. It<br />

also represented luxury brand LVMH in its 4.3 billion<br />

acquisition of Bulgari, which entailed several worldwide<br />

filings, and EADS and Astrium’s joint acquisition of<br />

Vizada, another global merger.<br />

Behaviourally, the firm advised Laboratoires Pierre<br />

Fabre in a landmark case at the European Court of Justice<br />

on the legality of refusing to allow internet sales of its<br />

products. The ECJ judged the action to be a restriction of<br />

competition in a preliminary ruling in October.<br />

Freshfields says that antitrust and merger litigation<br />

continue to be high priorities for the Paris team, with<br />

three cases before the ECJ and several before the French<br />

courts. The firm says it is has particular expertise in<br />

leniency applications, and has filed around one-third of<br />

all applications to the French competition authorities.<br />

Behavioural work has been the order of the day at<br />

Linklaters. Led by practice head and Who’s Who Legal<br />

nominee Olivier d’Ormesson, the firm has handled<br />

numerous cartel investigations and subsequent litigations<br />

in recent times.<br />

Linklaters is representing Société Générale in the<br />

recently launched European Commission investigation<br />

of the alleged euro-yen exchange rate cartel, and Sanofi-<br />

Aventis in follow-on investigations to the pharmaceutical<br />

sector inquiry and subsequently opened proceedings in<br />

<strong>France</strong> and Europe. The list goes on, as the firm is acting<br />

for Legris Industries and its subsidiary Comap before<br />

<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

<strong>GCR</strong> <strong>100</strong><br />

www.globalcompetitionreview.com 79


<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

<strong>GCR</strong> <strong>100</strong><br />

the European Court of Justice in an appeal against fines<br />

issued in the copper fittings cartel probe. Linklaters<br />

is also representing Air <strong>France</strong> in the air cargo cartel<br />

proceedings, and has several private litigation matters<br />

before the French courts.<br />

Despite this, the merger work has also flowed<br />

steadily. Linklaters advised on GDF Suez’s acquisition<br />

of Ne Varietur, which controls two of <strong>France</strong>’s largest<br />

heating networks; the deal was cleared in February. It<br />

is also advising GDF Suez in its proposed merger with<br />

International Power, which would create the world’s<br />

largest utility.<br />

D’Ormesson is supported by two other partners,<br />

Who’s Who Legal entrant Anne Wachsmann and<br />

Pierre Zelenko, two counsel and 13 associates.<br />

White & Case is headed by Jean-Paul Tran Thiet with<br />

the support of Jean-Patrice de La Laurencie – both<br />

nominees to the Who’s Who Legal. De La Laurencie<br />

is now of counsel, and remains vice president of the<br />

French association of antitrust specialists. Charles-<br />

Henri Calla was appointed counsel last year. Counsel<br />

Juliette Goyer and seven associates make up the rest<br />

of the team.<br />

The firm is representing L’Oréal before the Paris<br />

Court of Appeals over a landmark decision by the<br />

Supreme Court related to the perfume and cosmetics<br />

markets. Tran Thiet is also representing Mondial<br />

Relay over a complaint regarding an anti-competitive<br />

agreement with La Poste, in which a request for interim<br />

measures against Mondial Relay was dismissed. At the<br />

European level, White & Case is acting for Nexans in<br />

DG Comp’s power cables cartel probe.<br />

Most notably, the firm advised Terminal Porte<br />

Océane in its challenge before the Paris Court of<br />

Appeal of an authority decision to impose sanctions on<br />

four port operators for coordinating to share dockside<br />

stations. In a landmark ruling last January, the court<br />

judged that no antitrust violation had occurred<br />

because the parties’ actions were unilateral. De La<br />

Laurencie says it is the first case of its kind in <strong>France</strong><br />

encompassing a joint venture agreement with a parent<br />

company.<br />

White & Case is also advising on the Tereos/<br />

Groupe Quartier Français deal in the sugar cane<br />

sector, which the authority considered may have led<br />

to a monopoly in Réunion. It was approved in June.<br />

Among the many other cases currently under way,<br />

the firm is also advising several telecoms clients and<br />

two global pharmaceutical companies over antitrust<br />

and regulatory matters.<br />

RECommENdEd<br />

All three partners at Allen & Overy are nominated to<br />

Who’s Who Legal, giving an indication of the firm’s<br />

strength in <strong>France</strong>. Michel Struys relocated to Paris<br />

from the firm’s London and Brussels offices, joining<br />

Florence Ninane and practice head Olivier Fréget. Fleur<br />

Herrenschmidt is counsel, and the team is completed by<br />

one senior associate and six associates.<br />

The firm says it has particular expertise in<br />

antitrust litigation, which is demonstrated by the firm’s<br />

behavioural-heavy workload this year. The team is<br />

advising Expedia before the Court of Cassation and<br />

the European Court of Justice over a joint venture with<br />

railway company SNCF, and is acting for Janssen-Cilag<br />

before the French Competition Authority regarding<br />

alleged predatory pricing. Allen & Overy is also advising<br />

BNP Paribas and Société Générale in DG Comp’s<br />

investigation of the credit default swap sector.<br />

Led by François Brunet in Paris and Antoine Winckler<br />

in Brussels, Cleary Gottlieb Steen & Hamilton’s practice<br />

covers the full spectrum of competition work, including<br />

mergers, litigation, abuse of dominance and state aid.<br />

Seven associates work full-time on competition matters<br />

in Paris.<br />

The firm is acting for cosmetic company Estée Lauder<br />

in its successful appeal against a Competition Authority<br />

fine for cartel activity in the perfume and cosmetics<br />

sectors. The authority has appealed against the ruling<br />

at the French Supreme Court. Winckler is representing<br />

long-standing client Google in several French private<br />

enforcement cases, including the largest-ever claim filed<br />

against them in Europe by 1PlusV. He is also acting for<br />

Hachette in the European e-books market probe.<br />

Merger work is plentiful. Cleary Gottlieb is<br />

representing Airbus and parent EADS in its offer to<br />

purchase Satair’s shares, and is advising Total in the sale<br />

of its resins businesses to chemical company Arkema,<br />

among several others.<br />

Philippe Guibert and Laure Givry are co-heads of De<br />

Pardieu Brocas Maffei’s competition practice, which was<br />

established by Guibert in 2004. They say the firm has<br />

taken on an increasing number of merger control cases<br />

over the past year.<br />

De Pardieu is advising Agrial in its tie-up with Elle<br />

& Vire, a merger in the milk sector that was approved<br />

with remedies. The firm also acted in the oil deal between<br />

Chevron and Rubis, and is representing paper company<br />

Arjowiggins in its merger with Munskjo, which has been<br />

notified to the European Commission.<br />

The firm is acting for Société Générale in an<br />

antitrust case brought by the competition authority<br />

over credit card interchange fees. It has also advised<br />

solar power company Solaire Direct on an abuse of<br />

dominance complaint lodged against energy group<br />

EDF, in which Guibert obtained interim measures from<br />

the authority. Many other cases before the authority<br />

remain confidential, but span the sugar, copper tube<br />

manufacturing, pharmaceutical and cereal sectors. Both<br />

Guibert and Givry are Who’s Who Legal nominees.<br />

They are supported by five associates, one of whom was<br />

recruited in June.<br />

80 gLobaL Competition review


<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

<strong>GCR</strong> <strong>100</strong><br />

Firm<br />

Elite<br />

bredin prat<br />

gide Loyrette<br />

nouel<br />

vogel & vogel<br />

willkie Farr &<br />

gallagher<br />

Highly Recommended<br />

Head of<br />

competition<br />

robert Saintesteben,<br />

Hugues<br />

Calvet<br />

Size Clients<br />

4p, 5sa,<br />

5a, 3t<br />

antoine Choffel 5p, 23a<br />

Joseph vogel,<br />

Louis vogel<br />

Jacques-philippe<br />

gunter<br />

Clifford Chance patrick Hubert<br />

Darrois villey<br />

maillot brochier<br />

Freshfields<br />

bruckhaus<br />

Deringer<br />

Linklaters<br />

white & Case<br />

Didier théophile,<br />

igor Simic<br />

2p, 8c,<br />

25a<br />

3p, 10a n/a<br />

2p, 1oc,<br />

3c, 7a<br />

3p, 8a, 2t<br />

Jérôme philippe 2p, 2c, 8a<br />

olivier<br />

d’ormesson<br />

Jean-paul tran<br />

thiet, Jeanpatrice<br />

de La<br />

Laurencie<br />

3p, 1oc,<br />

1c, 13a<br />

1p, 2c, 7a<br />

Who’s Who Legal nominee Frédéric Fuchs set up his<br />

firm Fuchs Cohana Reboul & Associés in 2005, after<br />

gaining experience at prominent competition law firms.<br />

He worked for Linklaters and then Freshfields, before<br />

moving to Weil Gotshal & Manges when it launched its<br />

Paris competition practice. He is joined in the partnership<br />

by Sébastien Dominguez.<br />

Although a young, small practice, Fuchs Cohana<br />

has plenty of work on its books. It is advising<br />

arcelormittal, eDF, mars, michelin, SnCF, Hermès, philips, <strong>France</strong><br />

telecom, orange, La banque postale, LvmH, the French State,<br />

veolia eau, Danone, tDF, aéroports de paris, Cemex, eurazeo<br />

bpCe, Sony, Crédit agricole, Yoplait, L’oréal, SnCF, Dyson, pernod<br />

ricard, amazon<br />

bouygues group, eaDS, elior, eurosport, FnaC, Ford <strong>France</strong>,<br />

general motors, LvmH, mattel, mercedes-benz, miele, nissan,<br />

playmobil, pomona, primagaz, renault, rte, Seb, Shiseido,<br />

SnCm, tF1, Deutsche telekom group, veolia, volkswagen group,<br />

Yamaha<br />

axa, Shell, barclays, Fédération Française de Football, Hearst<br />

Corporation, Dutch national bank, Saint-gobain, SFr, randstad,<br />

Carrefour<br />

amazon, bouygues, bpCe, Française des Jeux, Free, Lagardère,<br />

La poste, nrJ, Sumitomo metal industries, tF1, Unibail rodamco,<br />

vente-privée.com<br />

astrium, brenntag, Caisse des Dépôts et Consignations,<br />

Cargill, Carlson wagonlit travel; Colgate-palmolive; Compass;<br />

Converteam; Danone; eaDS; gDF Suez; general mills; groupe<br />

Soufflet; Laboratoires boiron; Laboratoires pierre Fabre; LvmH;<br />

mars; rtL group; Sony pictures entertainment; total; visa europe<br />

3 Suisses international, adecco, air <strong>France</strong>/KLm, alcatel, bnp<br />

paribas, bp, Caisse des Dépôts et Consignation (CDC), Faurecia,<br />

gDF Suez, grand vision, intermarché, Kronenbourg, Legris,<br />

Lyonnaise des eaux, microsoft, pSa peugeot Citroën, Sanofiaventis,<br />

Société générale, Suez environnement, tarkett, tereos,<br />

total<br />

alstom, apeC, auchan, bC partners, bnp paribas, Carlyle,<br />

Crédit Coopératif, erDF, Hertz, iK investment partners, L’oréal,<br />

mattel, mondial relay, nestlé, nexans, novartis/Sandoz, pfizer,<br />

office national des Forêts, port de Calais, rentokil, SteFtFe,<br />

tDF, tereos, UFFi ream, Unibail-rodamco, Union des aéroports<br />

Français, Yves rocher<br />

Key: p = partner, c = counsel, co = consultant, sa = senior associate, sad = senior adviser a = associate,<br />

e = economist<br />

pharmaceutical company Teva in an abuse of<br />

dominance complaint against Sanofi-Aventis, and<br />

television company Itas Tim in another dominance<br />

case regarding rival TdF. On the other side of the<br />

table, Fuchs Cohana is defending promotional voucher<br />

company Sogec in a private damages claim for alleged<br />

anti-competitive practices.<br />

Merger work is also steady, with the firm advising<br />

aerospace component manufacturer Lisl Aerospace over<br />

82 gLobaL Competition review


its purchase of rival Creuzet-Indréaro. It is also acting<br />

for SCC <strong>France</strong>, an IT device distributor, in its merger<br />

with LNA. Fuchs says the firm is also handling several<br />

distribution matters.<br />

Herbert Smith’s competition practice lost former co-head<br />

Jacques Buhart to rival McDermott Will & Emery in<br />

May. Who’s Who Legal nominee Sergio Sorinas, who<br />

joined the firm from Cleary Gottlieb three years ago, is<br />

now the sole partner at the practice. He is supported by<br />

three associates, who contribute to an efficient and busy<br />

practice.<br />

The firm has been representing Arkema before the EU<br />

General Court in appeals against European Commission<br />

fines, and has secured penalty reductions of more than<br />

<strong>100</strong> million. Sorinas is also advising Lagardère in<br />

an abuse of dominance complaint against rival Canal<br />

Plus, and continues to act for HSBC in the Competition<br />

Authority’s credit card interchange fee probe.<br />

On the transactional side, Herbert Smith acted for<br />

Chevron in the sale of its petrol assets in the French<br />

Caribbean to Rubis Group, which was cleared with<br />

remedies in July. The firm also secured unconditional<br />

approval from the European Commission regarding a<br />

joint venture between JC Decaux and Aéroports de Paris.<br />

Pierre de Montalembert leads the competition team<br />

at Hogan Lovells, and is joined in the partnership by<br />

Who’s Who Legal entrant Michel Debroux. The pair<br />

is supported by one counsel, one senior associate, an<br />

associate and a trainee.<br />

In December 2009, Debroux obtained a landmark<br />

state aid ruling by the EU General Court, annulling<br />

the European Commission’s decision forcing energy<br />

company EDF to reimburse over 1.2 billion to the<br />

state. The decision is the highest ever state aid annulment<br />

ruling to date at EU level. A hearing before the grand<br />

Chamber of the Court was held in Luxembourg in July.<br />

The team continues to represent fuel company Esso<br />

in cartel proceedings before the Paris Court of Appeals<br />

over alleged anti-competitive practices regarding the<br />

sale of jet fuel. De Montalembert also advised banking<br />

group Cartes Bancaires in reaching a settlement with the<br />

Competition Authority over the reduction of interbank<br />

fees on card payments.<br />

The firm is active on the merger side too, with<br />

Debroux advising private equity group Apax Partners<br />

<strong>France</strong> over the sale of satellite-base communications<br />

company Vizada to EADS for 960 million.<br />

Jones Day’s competition group received a boost when<br />

practice co-head Eric Barbier de La Serre joined from<br />

Latham & Watkins in October. He shares the leadership<br />

with Who’s Who Legal nominee Eric Morgan de Rivery,<br />

and the team is completed by three associates.<br />

The team scored a prominent victory for chemical<br />

company Elf Aquitaine when in September the European<br />

Court of Justice annulled cartel fines issued to the<br />

company by DG Comp over the actions of its subsidiary,<br />

Arkema, in an alleged chemical cartel.<br />

On the merger front, Jones Day advised energy<br />

company Eni in its 38.7 million acquisition of a stake<br />

in Altergaz. The firm says it regularly appears in cases<br />

before DG Comp and the European courts, as well as<br />

before the French courts and Competition Authority.<br />

After losing Eric Barbier de La Serre to Jones Day, Latham<br />

& Watkins’s Paris antitrust team has two partners. Alain<br />

Georges is now counsel, while Frédéric Pradelles and<br />

Hugues Vallette Viallard share the partnership. All are<br />

fully dedicated to competition matters, with Viallard<br />

splitting his time between the Paris and Brussels offices,<br />

and they are supported by four associates.<br />

The firm has worked on many multi-jurisdictional<br />

merger filings in recent months. The team advised AXA<br />

PE and Permira in their joint acquisition of Opodo from<br />

Amadeus, which created one of Europe’s largest online<br />

travel agencies. Latham & Watkins also represented<br />

LBO <strong>France</strong> on its purchase of Karavel, and a secondphase<br />

merger between press company Presstalis and<br />

several wholesalers in the press distribution sector.<br />

Behavioural work is also steady, with Latham &<br />

Watkins advising Groupement des Cartes Bancaires in<br />

the interchange fee investigation before the French and<br />

European competition authorities. The firm is also acting<br />

for Edenred in an abuse of dominance probe in the gift<br />

card market, and is defending Presstalis before Belgium’s<br />

Competition Authority over abuse of dominance in the<br />

distribution of French press in Belgium.<br />

McDermott Will & Emery entered the French<br />

competition market this year, launching its new Paris<br />

office in May with the hiring of Who’s Who Legal<br />

nominee Jacques Buhart from Herbert Smith. Buhart<br />

brought two associates with him, and the practice is<br />

looking to grow in stature and numbers.<br />

Buhart says the team works very closely with the<br />

Brussels competition practice, and is working primarily<br />

on merger filings and behavioural cases. It advised<br />

M-Real Zanders in a Phase II merger clearance from<br />

DG Comp for the sale of assets Arjo Wiggins, subject to<br />

the divestment of M-Real’s carbonless paper business.<br />

The firm also represented Atos Origin in its acquisition<br />

of Banksys Belgium and its subsidiary.<br />

On the investigations front, McDermott is advising<br />

M-Real in a commission investigation of alleged<br />

cooperation in the paper industry. The firm is also acting<br />

for a company in a European transport cartel probe, and<br />

a German company that was raided by French and EU<br />

authorities. McDermott also carries out compliance and<br />

distribution work for several international companies.<br />

Known for her expertise in the pharmaceutical, luxury<br />

goods, media, financial and food industries, Mélanie<br />

Thill-Tayara is head of competition at Norton Rose<br />

in Paris, joining from Salans in October 2009. The<br />

<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

<strong>GCR</strong> <strong>100</strong><br />

www.globalcompetitionreview.com 83


<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

<strong>GCR</strong> <strong>100</strong><br />

Firm<br />

Recommended<br />

Head of<br />

competition<br />

allen & overy olivier Fréget<br />

Cleary gottlieb<br />

Steen &<br />

Hamilton<br />

De pardieu<br />

brocas maffei<br />

Fuchs Cohana<br />

reboul &<br />

associés<br />

François brunet,<br />

antoine winckler<br />

philippe guibert,<br />

Laure givry<br />

Size Clients<br />

3p, 1c, 1sa,<br />

6a<br />

2p, 7a<br />

2p, 5a<br />

Frédéric Fuchs 2p, 1c, 1a<br />

Herbert Smith Sergio Sorinas 1p, 3a<br />

Hogan Lovells<br />

Jeantet<br />

associés<br />

Jones Day<br />

Latham &<br />

watkins<br />

mcDermott will<br />

& emery<br />

norton rose<br />

viguié Schmidt<br />

peltier Juvigny<br />

pierre de<br />

montalembert<br />

Loraine<br />

Donnedieu de<br />

vabres-tranié<br />

eric barbier de<br />

La Serre, eric<br />

morgan de rivery<br />

Frédéric pradelles,<br />

Hugues vallette<br />

viallard<br />

2p, 1c, 1sa,<br />

1a, 1t<br />

4p, 6a, 1t n/a<br />

2p, 3a<br />

2p, 1c, 4a<br />

Jacques buhart 1p, 2a<br />

mélanie thilltayara<br />

olivier de Juvigny,<br />

iñaki Saintesteben<br />

1p, 1oc, 5a<br />

SFr, bayer, glaxoSmithKline, vicat, expedia, procter & gamble,<br />

Direct energie, Canal+, novartis, Clearnet, bnp paribas, esso<br />

arcelormittal, bnp paribas, Danone, eCr, Dupont, eaDS, elis,<br />

euronext, Faurecia, générale de Santé, goodyear, google,<br />

Hachette, Heineken, JCDecaux, Kme, Lafarge, Lagardère,<br />

manpower, merck, otis, rexel, Saint Louis Sucre, texas pacific<br />

group, United technologies Corporation, valeo, vallourec, veolia<br />

axereal, bristol-myers Squibb, Solaire Direct, mitsubishi, Scor,<br />

total, Société générale, C Fonb, Yves rocher, babyliss, petit<br />

bateau, Deutsche bahn, arjowiggins, agrial<br />

teva, eaDS, Syndicat national de l’<strong>edition</strong>, Krys group,<br />

Champagne nicolas, Feuillate, itas tim, Sogec<br />

arkema, Lagardère, Chevron, JCDecaux, eaDS, eni, Dong<br />

energy, relay <strong>France</strong>, robert bosch, Cooper-Standard<br />

automotive, Somfy<br />

apax, ap møller maersk, aéroports de paris, bnp paribas, Colt<br />

telecommunications, Crédit agricole, eDF, eneL <strong>France</strong> SaS,<br />

exxonmobil, esso SaF, grt gaz, HSbC <strong>France</strong>, Hutchinson,<br />

michelin, nintendo <strong>France</strong>, pari mutuel Urbain, Sequana, Société<br />

générale, texas instruments <strong>France</strong>, vizada<br />

bureau veritas, elf aquitaine/total, eni, iFpen, JCb, Sanofi,<br />

SmCa, veolia environnement<br />

aXa/permira, presstalis, Soprocom, matéris, iCg, Lbo <strong>France</strong>,<br />

go voyages, gCb<br />

m-real, m-real Zanders, vandermoortele, Canon, atos origin,<br />

Chevron, Keolis, nokia, Fast retailing, barilla, ajinomoto,<br />

Sumitomo Chemical, JSr, Konami, tata <strong>France</strong>, warner bros<br />

Cephalon, Comité Colbert, medtronic, Les messageries<br />

Lyonnaises de presse, nestlé, roche, Sanofi-aventis, Scheringplough<br />

2p, 5a, 1pl Flammarion, renault trucks, bnp paribas, Casino<br />

Key: p = partner, c = counsel, co = consultant, sa = senior associate, sad = senior adviser a = associate, e =<br />

economist<br />

84 gLobaL Competition review


group has grown over the past year, and Thill-Tayara is<br />

supported by one of counsel and five associates.<br />

Following a complaint from generic drug<br />

manufacturer Arrow, Thill-Tayara assisted<br />

pharmaceutical company Schering-Plough during<br />

a dawn raid, and then in proceedings before the<br />

Competition Authority and latterly the appeals court.<br />

She is also advising pharmaceutical company Sanofi-<br />

Aventis in several litigation cases, including a dispute<br />

against biotech start-up Sepal Pharma, and represented<br />

luxury goods company Chanel during DG Comp’s<br />

review of the rules on vertical restraints.<br />

In the press distribution field, the practice has<br />

acted for Les Messageries Lyonnaises de Presse in its<br />

challenge to rival Presstalis’s acquisition of Soprocom.<br />

Viguié Schmidt Peltier Juvigny was created in May<br />

2009 through the merger of Vivien & Juvigny with<br />

boutique Viguié Schmidt. The firm’s ascension in the<br />

antitrust arena since then has been impressive, and<br />

practice co-heads Olivier de Juvigny and Iñaki Saint-<br />

Esteben are both Who’s Who Legal entrants.<br />

De Juvigny says the practice has “gone from<br />

strength to strength”, and the work it is carrying out<br />

supports this assessment. Viguié Schmidt advised BNP<br />

Paribas in the Competition Authority’s investigation<br />

of banking fees, which was closed in April with<br />

commitments rather than fines. The firm is also<br />

representing supermarket Casino, together with Gide<br />

Loyrette, over abuse of dominance allegations brought<br />

by the Mayor of Paris.<br />

De Juvigny adds that the group is becoming more<br />

active in European antitrust matters. Viguié Schmidt<br />

represented publisher Flammarion in a European<br />

Commission investigation of the e-books market.<br />

Flammarion was recently dropped from DG Comp’s<br />

probe. The firm is also acting for Renault Trucks in the<br />

commission’s investigation of the truck sector, in which<br />

it carried out dawn raids in January.<br />

Several other firms have a presence on the French<br />

competition scene, each with an impressive portfolio of<br />

clients and most supporting a larger corporate group.<br />

These include Bird & Bird, which hired former Howrey<br />

head of antitrust in Paris Claude Lazarus as counsel.<br />

Orrick Herrington & Sutcliffe, Shearman & Sterling,<br />

Mayer Brown and Paul Hastings Janofsky & Walker<br />

are also active in <strong>France</strong>.<br />

The names Sylvain Justier and Vincent Jaunet,<br />

co-founders of new boutique Magenta, which specialises<br />

in competition, distribution and regulatory law, are also<br />

expected to become more widely recognised in the future.<br />

<strong>GCR</strong> <strong>100</strong>: FRANCE<br />

<strong>GCR</strong> <strong>100</strong><br />

www.globalcompetitionreview.com 85

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