François-Charles Laprévote’s practice focuses on European competition and international trade law, including merger control, state aid, cartel investigations, market dominance and trade defense instruments.
He has advised corporate clients and financial institutions as well as government and public entities in numerous competition, State aid and trade cases before the European Commission, the European Courts in Luxembourg and the French Competition Authority.
François-Charles is a French citizen. He joined the firm in 2007 and became a partner in 2013. From 2005 to 2007, he served as the economic adviser of the French Minister for European Affairs. From 2002 to 2005, he was a detached national expert in the Directorate General for External Trade of the European Commission, where he was in charge of negotiations on services and investment. From 1998 to 2002, he served at the Inspection Générale des Finances, the internal auditing and consulting body of the French Ministry for Finance.
Notable Experiences
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Corporate clients before the European Commission or national authorities in numerous antitrust or merger control cases, including BNP Paribas in its acquisition of Deutsche Bank’s prime brokerage activities, Essilor in its combination with Luxottica, Total in its acquisitions of Saft and Direct Energie, Amundi in its acquisition of Pioneer Investments from UniCredit, Lafarge in its merger with Holcim, and LG Display in a cartel investigation on liquid crystal displays.
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Financial institutions and corporates in several major state aid cases related to the global economic and financial crisis, including Dexia in all aspects of its restructuring and orderly resolution, Millennium BCP, Crédit Immobilier de France, and BNP Paribas in its acquisition of Fortis Bank.
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Clients before European Courts and arbitration courts in several landmark litigation cases, including Ryanair in various appeals before the EU General Court against several Commission decisions clearing Covid-related aid to certain airlines, SNCM in several appeals concerning alleged aid for an amount of up to €440 million, the European Central Bank in connection with its localization policy regarding CCPs, and Electricité de France (EdF) in an arbitration involving the sale of its shareholding in EnBW to the State of Baden-Württemberg.
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Clients before the European Commission and arbitration courts in a number of trade defense and circumvention investigations, including in the bicycles, monosodium glutamate and aluminium foil sectors.
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Corporate clients before the French authorities in foreign direct investment review proceedings.
European Courts Litigation Experience
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Case C-353/21 P, C-321/21 P, C-320/21 P, C-210/21 P, C-209/21 P, T-398/21, T-268/21, T-111/21, T-34/21, T-14/21, T-769/20, T-737/20, T-677/20, T-665/20, T-657/20, T-643/20, T-628/20, T-465/20, T-388/20, T-379/20, T-378/20, T-259/20, T-238/20, T-216/21, T-225/21, T-238/21, T-333/21, Ryanair v. European Commission (lead counsel to Ryanair) Re: Appeals against several European Commission decisions concerning Covid-related aid to certain airlines.
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Case T-783/16, Government of Gibraltar v. European Commission (counsel for Government of Gibraltar) Re: Appeal against an European Commission decision regarding the Gibraltar tax rulings regime.
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Case T-298/18, Banco Comercial Português and Others v. European Commission (counsel for Millenium BCP) Re: Appeal against an European Commission decision that considered the contingent capital agreement agreed and entered into between the Portuguese Resolution Fund and the Lone Star group in the context of the sale of Novo Banco, S.A. by the former to the latter, as State aid compatible with the internal market.
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Case T-354/15, Allergopharma v. European Commission (counsel to Allergopharma) Re: Appeal against an European Commission decision authorizing an aid scheme for German pharmaceutical companies in financial difficulties through the exemptions from mandatory rebates.
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Case C-248/15 P, Maxcom v. City Cycle Industries (lead counsel to City Cycle Industries) Re: Appeal brought by Maxcom Ltd against the judgment of the General Court in Case T-413/13.
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Case C-247/15 P, Maxcom v. Chin Haur Indonesia (lead counsel to Chin Haur Indonesia) Re: Appeal brought by Maxcom Ltd against the judgment of the General Court in Case T-412/13.
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Case T-1/15, SNCM v. European Commission (lead counsel to SNCM) Re: Appeal against an European Commission decision by which the Commission found that some measures implemented by the French authorities in favour of SNCM constitute State aid which is unlawful and incompatible with the internal market.
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Case T-454/13, SNCM v. European Commission (lead counsel to SNCM) Re: Appeal against an European Commission decision by which the Commission found that the compensation paid to SNCM in the context of a public service agreement is partially incompatible with the internal market.
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Case T-93/13 United Kingdom of Great Britain and Northern Ireland v. European Central Bank (counsel for the ECB) Re: Representation before European General Court in appeal filed against the Guideline on a Trans-European Real-time Gross settlement Express Transfer system (TARGET 2) and a decision amending Decision ECB/2007/7 concerning the terms and conditions of TARGET 2-ECB.
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Case T-45/12, United Kingdom of Great Britain and Northern Ireland v. European Central Bank (counsel for the ECB) Re: Challenge to the ECB’s standards for the use of central counterparties in euro system foreign reserve management operations.
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Case T-496/11, United Kingdom of Great Britain and Northern Ireland v. European Central Bank (counsel for the ECB) Re: Challenge to the ECB’s framework policy concerning the location of central counterparty clearing systems handling euro-denominated transactions.
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Case C-227/14 P, LG Display Co. Ltd and LG Display Taiwan Co. Ltd v. European Commission (counsel to LG Display and LG Display Taiwan) Re: Appeal against the General Court’s judgment in Case T-128/11 which dismisses the applicants request to partially annul the Commission’s decision fining the appellants for being part of a cartel among six major international manufacturers of LCD panels.
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Case T-413/13, City Cycle Industries v. Council (lead counsel for City Cycle Industries) Re: Appeal against the Council Implementing Regulation (EU) No 501/2013 as far as it extends the anti-dumping duty to City Cycle Industries and deny its exemption request.
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Case T-412/13, Chin Haur Indonesia v. Council (lead counsel for Chin Haur Indonesia) Re: Appeal against the Council Implementing Regulation (EU) No 501/2013 as far as it extends the anti-dumping duty to Chin Haur Indonesia and deny its exemption request.
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Case C-533/12 P, SNCM v. European Commission (lead counsel to SNCM) Re: Appeal against the General Court’s judgment in Case T-565/08 which partially annuls the Commission Decision 2009/611/EC of 8 July 2008 concerning the measures C 58/02 (ex N 118/02) which France has implemented in favour of SNCM.
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Case T-128/11, LG Display and LG Display Taiwan v. European Commission (counsel to LG Display and LG Display Taiwan) Re: Appeal against a Commission’s decision fining the appellants for being part of a cartel among six major international manufacturers of LCD panels.
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Case T-565/08, Corsica Ferries France v. European Commission (counsel to SNCM intervening in support of the Commission) Re: Representation of SNCM in connection with an appeal against the Commission’s decision concerning some measures which France has implemented in favour of SNCM.
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Case C-440/07 P, Commission v. Schneider Electric SA (counsel to Schneider Electric) Re: Appeal by the European Commission of the General Court judgment in Case T-351/03, ordering for the first time ever the EU Commission to compensate for the consequences of a merger-prohibition decision that was found to be illegal.
SELECTED ACTIVITIES
- Member of the Board, French Competition Practitioners Association (APDC)
Publications
Editor and Contributor, Cleary Foreign Investment and International Trade Watch blog.
“Proposed New EU FDI Screening Regulation — 10 Things to Know,” co-author with Vladimir Novak, Thomas Harbor, Francesco Iodice, Mirko von Bieberstein, John Messent, and Chase D. Kaniecki, Cleary Gottlieb Alert Memorandum, March 12, 2024
“EU Takes Time to Ready Outbound Investment Control Toolkit,” co-author with Chase D. Kaniecki, Mirko von Bieberstein, John Messent, Francesco Iodice, Vladimir Novak, and Thomas Harbor, Cleary Gottlieb Alert Memorandum, February 1, 2024
“France Strikes an Agreement With EDF Over Nuclear Energy Prices,” co-author with Clarisse Ouakrat, Camilla Cozzani, and Solenn Dietrich-Urien, Cleary Gottlieb EU Energy Resource Center, January 5, 2024
“Third time is the charm: RED III - The Latest Revision to the Renewable Energy Directive Sets Ever More Ambitious Climate Goals,” co-author with Christophe Wauters, Camilla Cozzani, Jennifer Burke, and Bailey Lane, Cleary Gottlieb EU Energy Resource Center, December 22, 2023
“Any Room Left For Non-Discrimination On Grounds Of Nationality And The ‘Balancing Test’ In Crisis Aid? Ryanair v. Commission (Swedish And French Schemes; COVID-19),” co-author with David Pérez de Lamo, Camilla Cozzani and Giuseppe Polizzi, Cleary Antitrust Watch Blog, November 23, 2023
“EU FDI: State of The Union,” co-author with Vladimir Novak and Giancarlo Piscitelli, Cleary Gottlieb Alert Memorandum, November 22, 2023
“UK CMA Publishes Green Agreements Guidance,” co-author with Maurits Dolmans, Jackie Holland, Henry Mostyn, Andreas Wildner, Wanjie Lin, Mari Koskela, Bruce Hoffman, and Jessica Hollis, Cleary Gottlieb Alert Memorandum, October 17, 2023
“Notification Obligations under the EU Foreign Subsidies Regulation Take Effect,” co-author with Andris Rimsa, Wanjie Lin, and Fahira Hasic, Cleary Gottlieb Alert Memorandum, October 12, 2023
“Benelux FDI: Luxembourg FDI Screening Regime Enters Into Force,” co-author with Vladimir Novak, Fynn Dewald, and Thomas Harbor, Cleary Gottlieb Alert Memorandum, September 5, 2023
“EU Foreign Subsidies: Filing Forms Adopted and Regulation Takes Effect,” co-author with Isabel Rooms, Wanjie Lin, Fahira Hasic, and Pauline Heingle, Cleary Gottlieb Alert Memorandum, July 12, 2023
“Dutch Foreign Direct Investment Screening Regime Enters Into Force,” co-author with Robbert Snelders, Isabel Rooms, François-Charles Laprévote. Romi Lepetska. Julie De Vrieze and
Chase D. Kaniecki, Cleary Gottlieb Alert Memorandum, July 4, 2023
“Is Nuclear Green? European Union Is Splitting on Hydrogen From Nuclear Power,” co-author with Cristina Dionisio, Cleary Gottlieb Alert Memorandum, June 27, 2023
“EU General Court Strikes Down Commission Decisions Authorizing EUR 7 Billion State Aid to Lufthansa and SAS,” co-author with David Pérez de Lamo, Cleary Gottlieb Alert Memorandum, June 14, 2023
“EU Approves Ban on Products Linked to Deforestation,” co-author with Carlo Santoro, Vania Petrella, Clara Cibrario Assereto, Valentina Coli, Maurits Dolmans and Amélie Champsaur, Cleary Gottlieb Alert Memorandum, May 30, 2023
“EC Proposed Reform of the EU Electricity Market” co-author with Inés Pérez Fernández and Camilla Cozzani, May 9, 2023
“The Net-zero Industry Act: The European Commission’s Latest Initiative To Scale up the Clean Energy Transition” co-author with Camilla Cozzani, April 14, 2023
“Towercast: EU Court of Justice Endorses Post-Closing Review of Concentrations” co-author with Antoine Winckler, Francisco Enrique González-Díaz, Anita Magraner Oliver, and Inés Pérez Fernández, April 11, 2023
“The #Metarespect Report – Prevention and Security Tools for a Respectful and Diverse Metaverse,” co-author with Maurits Dolmans and Chloé Delay, February 23, 2023.
“Second Amendment to the State Aid Temporary Crisis Framework,” co-author with Inés Pérez Fernández and Camilla Cozzani, February 7, 2023.
“Investigations Into the European Fuel Market Continue: The ICA Launches an Inquiry Into the Italian Fuel Market,” co-author with Elio Maciariello and Alessandro Comino, February 3, 2023.
“New Italian Incentives for Biomethane,” co-author with Giuseppe Scassellati-Sforzolini, Cristina Dionisio, and Luciana Bellia, Cleary Gottlieb Alert Memo, November 3, 2022.
“EU Regulation on Distortive Foreign Subsidies Set for Adoption,” co-author with Wanjie Lin,Cleary Gottlieb Alert Memo, July 13, 2022.
“European Commission To Phase-Out COVID-19 Temporary Framework,” Cleary Gottlieb Alert Memo, co-author David Pérez de Lamo, May 2022.
“U.S. & UK Consult on Standard Essential Patents, Injunctions, FRAND Licensing, and Antitrust,” co-author with Wanjie Lin, and Maurits Dolmans, Cleary Antitrust Watch, January 4, 2022.
“New EU Rules For Regional Subsidies To Enter Into Force,” Cleary Gottlieb Alert Memo, co-author with Till Müller‑Ibold and Wanjie Lin, December 2021.
“International Competition Policy Cooperation in Times of Trade Tension: A Proposal for EU Action,” Concurrences, June 2021.
“The European Commission Proposes a Far-Reaching Regulation to Tackle Foreign Subsidies,” Cleary Gottlieb Alert Memo, co-author with Andris Rimsa, Giuliana D’Andrea, Mario Siragusa and Alessandro Comino, May 2021.
“France Foreign Investment Control – New Rules Temporarily Applicable to non-EU/EEA Investments Enter Into Force Today,” Cleary International Trade and Sanctions Watch blog, co-author with Séverine Schrameck, Aurèle Delors and Laura Chovet Ballester, August 2020.
“EU White Paper on Levelling the Playing Field as Regards Foreign Subsidies,” Cleary Gottlieb Alert Memo, co-author with Giulio Cesare Rizza, Giuseppe Scassellati-Sforzolini and Alessandro Comino, June 2020.
“Amendment to the State Aid Temporary Framework to Support the Economy in the Context of the COVID-19 Outbreak,” Cleary Gottlieb Alert Memo, co-author with Giulio Cesare Rizza and Giovanna Ciccioli, April 2020.
“European Commission Urges Member States to Protect Suppliers of Essential Products From Foreign Takeovers,” Cleary Gottlieb Alert Memo, co-author with Giuseppe Scassellati-Sforzolini, Nicholas Levy, Michael J. Ulmer, and Richard Pepper, April 2020.
“COVID-19: The European Commission’s State Aid Toolbox,” Cleary Gottlieb Alert Memo, co-author with Theodora Zagoriti, March 27, 2020.
“Competition Policy & COVID-19: An Overview of Antitrust Agencies’ Responses,” co-author with Richard Pepper, Concurrences, March 26, 2020.
“State Aid Temporary Framework to Support the Economy in the Context of the COVID-19 Outbreak,” Cleary Gottlieb Alert Memo, co-author with Giulio Cesare Rizza and Theodora Zagoriti, March 20, 2020.
“COVID-19 - First Measures Announced by the French Government to Support the Banking Sector’s Effort to Finance Affected Businesses,” Cleary Gottlieb Alert Memo, co-author with Amélie Champsaur, Aurèle Delors, and Elodie Gianferrara, March 19, 2020.
“Europe’s Economic Response to the COVID-19 Crisis—the European Commission Steps In,” Cleary Gottlieb Alert Memo, co-author with Amélie Champsaur, Daniel P. Culley, and Till Müller‑Ibold, March 16, 2020.
“Competition Policy Within the Context of Free Trade Agreements” (with S. Frisch and B. Can), Think Piece written in relation to the E15 Initiative, Expert Group on Competition Policy and the Trade System, July 2015 (Revised as background material for the OECD’s 18th Global Forum on Competition, December 5-6, 2019).
“Cooperation in Times of Trade Tension – a Proposal for EU Actions,” Concurrences (forthcoming).
“Online Sales of Luxury Goods in Selective Distribution Networks – Coty Judgment,” Cleary Gottlieb Alert Memo, January 8, 2018.
Editor and Contributor, Research Handbook on State Aid in the Banking Sector, November 2017.
“The EU Court of Justice Modernizes Abuse Of Dominance (Intel),” by François-Charles Laprévote, Maurits Dolmans & Thomas Graf, e-Competitions, Issue: October 2017-II, Date: October 26, 2017, pp. 1-10.
“The EU Commission fines a company for providing incorrect or misleading information during its investigation on a merger (Facebook / WhatsApp)”, by François-Charles Laprévote, Maurits Dolmans, Thomas Graf, Nicholas Levy, Francisco Enrique González-Díaz and Christopher Cook, e-Competitions, No. 84276, June 2017, pp. 1-4.
“Improve Due Process and End US-EU Spats,” by François-Charles Laprévote, The Financial Times, (letter to the editor), March 2016.
“Antitrust in Wonderland: Trade Defense Through The Competition Looking-Glass,” Revue Concurrences, May 2015.
“The Commission’s Decisional Practice on State Aid to Banks – An Update” (with M. Paron), EStAL, January 2015.
“The (French) Postman Rings Twice In Vain: The European Court of Justice’s Upholding of the General Court’s Judgment in The La Poste Case” (with C. Emin and F. Coupé), EStAL – Annotation on the Judgment of the ECJ of 3 April 2014 in Case C-559/12 P French Republic v Commission, December 2014.
“A Missed Opportunity? State Aid Modernization and Effective Third Parties Rights in State Aid Proceedings,” EStAL, September 2014.
“State Aid in Financial Services: An Overview of EU and National Case Law,” foreword by François-Charles Laprévote, eCompetitions Bulletin Special Issue, Art. N° 67707, July 2014.
“Abandon All Hope, Ye Who Enter Here? Efficiencies in European Merger Control: A Few Lessons from Recent Decisional Practice,” Revue Concurrences, May 2014.
“La Crise Economique et Financière en France et dans l’Union Européenne: Eclairage sur les Aides d’Etat et le Secteur Bancaire,” Lamy, 2014.
“Retour sur la Conférence de Bali, ou le Sauvetage du Système Commercial Multilatéral,” ICC France – 100ème numéro d’Echanges Internationaux, June 2014.
“European Champions and Merger Control Rules” (with A. Winckler & D. Neven), Revue Concurrences, 2014.
“Selected Issues Raised by Recent Cartel Fines Decisions” (with A. Winckler), Competition Policy International, November 2013.
“The Economic and Financial Crisis in Europe: State Aid and Banks in the European Union – Selected Examples” (contribution to XXVII General Congress of the U.A.E proceedings publication), October 2013.
“Competition Law in Times of Economic Crisis: In Need of Adjustment? State aid enforcement in the financial sector” (contribution to GCLC 8th annual conference report), December 2012.
“Banks and State aid control in the EU: four years (and more?) of Temporary Framework,” Competition Policy International, inaugural edition of the Europe column, December 2012.
“Y a-t-il une vie après Doha? Eléments de réflexion sur l’avenir du système commercial multilatéral,” Echanges Internationaux (ICC), April 2012.
“Selected issues raised by bank restructuring plans under EU State aid rules,” European State Aid Quarterly, 2012.
“Subsidies issues in the WTO: an update” (with S. Kang), European State Aid Law Quarterly, 3/2011.
“Reconciling Legal Certainty, Legitimate Expectations, Equal Treatment and the Prohibition of State Aids – The Nuova Agricast Case” (with A. Winckler), European State Aid Law Quarterly, 2/2011.
“La Commission intervient dans le projet avorté de fusion West LB-Bayern LB,” Revue Lamy de la Concurrence, January-March 2011.
“Mêmes symptômes, remèdes différents – La Commission autorise deux méga-fusions dans le secteur pharmaceutique,” Revue Lamy de la Concurrence, January-March 2010.
“Comme une lettre à la poste? La fusion des postes suédoise et danoise,” Revue Lamy de la Concurrence, October-December 2009.
“Le contrôle communautaire des aides d’Etat aux établissements financiers dans la crise: un premier bilan,” Droit et Affaires, 2009 (with English summary).
“When the watchman must take the wheel - State aid control of financial institutions and other political imperatives during the economic crisis” (with A. Winckler), Concurrences n°2-2009.
“Coupable, mais non responsable? Epilogue dans l’affaire Airtours,” Revue Lamy de la Concurrence, January-March 2009.
“The new Commission guidance on state aid and the financial crisis” (with T. Müller-Ibold), Eurowatch, October 2008.
“Les chantiers navals coréens prennent le contrôle d’Aker Yards,” Revue Lamy de la Concurrence, July-September 2008.
Events
October 12, 2023
Lunch Workshop: The EU Foreign Subsidies Regulation – How to Get Ready (U.S. Edition)
July 19, 2023
Lunch Workshop: The EU Foreign Subsidies Regulation – How to Get Ready
April 20, 2023
Vienna Forum on European Energy Law 2023
September 22, 2022
EStALI Autumn Conference on European State Aid Law
June 16, 2022
Vestager 2: What’s Going on in EU Antitrust Enforcement
May 5, 2022
Foreign Subsidies Distortion Conference
January 31, 2022
Transactions on the Spot: Interrelations Between Merger Control, FDI, Subsidy Control & EU Trade Law
September 23, 2021
Concurrences’ Mélanges Award Ceremony in Honor of Professor Frédéric Jenny
March 30, 2021
118th GCLC Virtual Lunch Talk: The First Judgments on COVID-19 State Aid Decisions: Ryanair v Commission
November 24, 2020
EStALI: Autumn Online Conference on European State Aid Law 2020
July 7, 2020
Taking Off in a New Direction? The Impact of COVID-19 on the Aviation Sector
June 23, 2020
New COVID-19-Related State Recapitalization in the EU
April 14, 2020
Concurrences webinar, State Aid in the COVID-19 Context
December 5, 2019
OECD, 18th Global Forum on Competition, Competition provisions in trade agreements
October 28, 2019
Antitrust Regulation in Russia International Session
July 8, 2019
World Economic Forum - Digitalization and International Economic Policy: Tax, Competition, Trade and Investment
February 12, 2019
Concurrences event, Challenges and Strategy in Competition Compliance: Reactions
September 27, 2018
Concurrences Review and Analysis Group Dinner With Jean Tirole
September 21, 2018
CIIAI/UNCTAD Conference (Beijing) – EU State Aid and China Fair Competition Review
June 11, 2018
Mergers and Gun Jumping: What Are Companies Actually Allowed to Do?
May 18, 2018
Lecture on State Aid (Lund, Sweden)
May 16, 2018
Webinar (Brussels), Competing Approaches to Complementary Products? How the EU and U.S. Look at Vertical and Conglomerate Mergers
April 20, 2018
ICEL Competition Law Conference (Dublin), State Aid Masterclass – Recent case-law
April 13, 2018
Webinar (Brussels), State Aid in the Banking Sector: What’s Next?
September 19, 2017
KNect365’s State Aid and Taxation 2017
Panel: Procedural and Administrative Issues in State Aid
July 25, 2016
Italian Banks: Between Bail-in and State Aid
July 11, 2017
State Aid and Taxation 2017
Panel: Procedural and Administrative Issues in State Aid
June 20, 2016
Tax and State Aid 2016
Procedural Concerns
June 16, 2016
New Frontiers of Antitrust 2016
Panel: Competition and trade policies: Is there a way forward?
June 9, 2016
14th Experts’ Forum on New Developments in European State Aid Law
Panel: Whom the Bell Tolls – EU Law vs. National Court Proceedings: The Role of Res Judicata
October 31, 2015
Private Antitrust Litigation in the European Union: National Developments
Panel: Transposition of the Directive on Actions for Damages for Infringements of Competition Law
May 20, 2015
Ministère de l’Economie et des Finances, Direction Générale du Trésor et Autorité de la Concurrence, République Française – Séminaire Philippe Nasse: Définition et Analyse Concurrentielle des Marchés Locaux
March 4-5, 2015
E15 Expert Group on Competition Policy
Competition Policy within the Context of Free Trade Agreements
May 23, 2014
European State Aid Law Institute 12th Experts’ Forum on New Developments in European State Aid Law
May 8, 2014
Instituut voor Bedrijfsjuristen / Institut des Juristes d’Entreprise – Seminar on Competition Law: The EU Directive on Private Damages Actions
February 10, 2014
Europäische Rechtsakademie’s EU Competition Law Workshop: Challenges of Cross-Border Cartels, Coordination between NCAs, Sanctions, Fines and ITP Claims