Chillin'Competition

Relaxing whilst doing Competition Law is not an Oxymoron

The horrors of PowerPoint

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See here.

I tend to share the viewpoint that slides do not necessarily make a good speech.

The article does not mention, however, that busy speakers often try to sell  “back of the enveloppe” presentations as a surrogate for drafting a paper ahead of a conference  (the typical reply being, “Apologies,  I cannot write a paper for the conference, but I will come with some slides…“).

Written by Nicolas Petit

12 September 2009 at 12:10 pm

Posted in Uncategorized

So What

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Familiar with situations where the EC Courts find a violation of a rule of due process, but refuse to quash a Commission’s decision because, absent this infringement, the outcome of the case would not have been different?

In a very straightforward, and funny, manner, Ivo Van Bael proposed  to describe this (“unfortunate“) legal principle as the “so what doctrine” (source: “Insufficient Control of EC Competition Law Enforcement”, Fordham Corporate Law Institute, 1993, at p.742). Awesome.

A refresher now.  Ivo Van Bael was one of the most influential Brussels lawyers in the 70s and 80s. Besides being one of the founders of the law firm Van Bael and Bellis, Ivo Van Bael has been one of the strongests advocates of due process/rights of defence issues in competition cases. He has written ferocious papers  lambasting the Commission’s attitude in antitrust proceedings (with a certain sense of courage, many practitioners being now reluctant to do so, for fear of ex post retaliation against their clients).

Just wanted to pay tribute to him. This kind of straigthforward language in legal papers is unfortunately disappearing.


Written by Nicolas Petit

11 September 2009 at 12:00 pm

Recently published

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  • « L’exemption des engagements d’exclusivité au “seuil” de la réforme du droit des accords verticaux : Quelle(s) part(s) de marché ? », Doctrines, Concurrences N° 3-2009 – pp. 39-48 Concurrences, N° 3-2009, n°26714, pp. 39-48 (avec M. Abenhaim);
  • « Bark at the Moon?” – The outcome of the EC pharmaceutical sector inquiry », Concurrences, N° 3-2009, n°28154, pp. 11-25;
  • « Les stratégies juridiques en droit des coordinations entre entreprises – Une approche scénarisée » in A. Masson (éd.), Les stratégies juridiques des entreprises, Larcier 2009.

Written by Nicolas Petit

9 September 2009 at 11:03 pm

Posted in Our Publications

Jokes on Economists

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On the first day God created the sun – so the Devil countered and created sunburn. On the second day God created sex. In response the Devil created marriage. On the third day God created an economist. This was a tough one for the Devil, but in the end and after a lot of thought he created a second economist!On the first day God created the sun – so the Devil countered and created sunburn. On the second day God created sex. In response the Devil created marriage. On the third day God created an economist. This was a tough one for the Devil, but in the end and after a lot of thought he created a second economist!
Two good jokes on economists:
On the first day God created the sun – so the Devil countered and created sunburn.
On the second day God created sex.  In response the Devil created marriage.
On the third day God created an economist. This was a tough one for the Devil, but in the end and after a lot of thought, he created a second economist!
They say that Christopher Columbus was the first economist. When he left to discover America, he didn’t know where he was going. When he got there he didn’t know where he was. And it was all done on a government grant.

Written by Nicolas Petit

9 September 2009 at 11:02 pm

Posted in Jokes

Presentation on Recent Developments in EC Competition Law

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I attach below the slides of a presentation I delivered yesterday at the Federation for Enterprises in Belgium.  Nothing groundbreaking, simply an overview of current EC law developments.

Actualité des droits communautaire et belge de la concurrence – FEB Commission juridique

Written by Nicolas Petit

30 June 2009 at 5:31 pm

Posted in Uncategorized

Lost

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lost-saison-4

A year after the inception of the EC settlement procedure, the first settlement in a cartel case is still to happen…

Written by Nicolas Petit

27 June 2009 at 1:16 pm

Posted in Uncategorized

New book – Alternative Enforcement Techniques in EC Competition Law

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9782802726883_zoomI am the proud co-editor – together with my colleague and friend C. Gheur – of a new book, which comprises the proceedings of a conference held last year in Brussels.

See here for more details and link hereafter for subscription form: 2090419-prosp

Nicolas

Written by Nicolas Petit

25 June 2009 at 10:43 am

Posted in Our Publications

Call for Papers on Antitrust in the Energy Sector

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Call for papers: OGEL special issue on “antitrust in the energy sector”

6/5/2009

Oil, Gas and Energy Law Intelligence (www.ogel.org) invites submissions for a Special issue covering antitrust issues in energy. The guest editor for this special issue is MYSELF.

The energy sector is one of the areas where antitrust enforcement in the EU has been the most intensive in recent years. In addition to the very significant sector inquiry 2005-2007 and the cases that are now resulting from that inquiry, the remedies (e.g. divestiture of significant network assets, energy release programmes, etc.) that have been ordered by the European Commission in the energy sector have sparked a lot of controversy. Whilst the EU seems to lean towards increased antitrust intervention in energy markets, including access issues, downstream markets, long-term agreements, LNG imports, etc. other jurisdictions, such as the United States, apparently promote less intrusive approaches (as a result, amongst others, of some US Supreme Court decisions such as Trinko). Finally, a number of antitrust agencies inside and outside the EU have a significant record in the enforcement of antitrust rules in the energy sector.

We encourage submission of relevant papers, studies, and brief comments on various aspects of this subject. The topics may cover all aspects of antitrust enforcement (vertical/horizontal cooperation agreements, abuse of dominance, merger control, etc.) relevant for oil, gas, electricity and other energy sub-sectors including LNG and nuclear.

Written by Nicolas Petit

25 June 2009 at 10:12 am

Call for Postdoc researcher at the Catholic University of Louvain

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Interesting Postdoc position available at the UCL. See document below.

Nicolas

CallPostdocResearcher-1

Written by Nicolas Petit

12 May 2009 at 10:30 pm

Posted in Uncategorized

Antitrust Stories

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For all competition geeks, the story behind the ECJ ruling in Stanley George Adams v Commission (Case 145/83  [1985] ECR 3539) is an absolute MUST READ. Sadly enough, in addition to important financial implications, antitrust cases also have all sorts of tragic consequences.

Nicolas

Written by Nicolas Petit

22 April 2009 at 10:29 pm

Posted in Case-Law