Concurrence

► Full Reference: [rubrique p="Présentation"]M.-A. Frison-Roche[/rubrique], "Trio", in Mélanges en l'honneur du Professeur  Denis Mazeaud, Lextenso - LGDJ, 2025. - 📝read the article (in French) - 🚧[lien a="trio"]read the text written on the morning when Rémy called me to talk about building this collective book Denis.[/lien] Since then, due to editorial deadlines, this text has been modified, since this article deals with the so specific French Concours d'Agrégation de Droit, and François Terré, who prepared me for it, joined Pierre Catala before the overall typescript became final. At Pierre Catala's funeral, where Rémy recounted their last meeting, I was seated at the back next to Yves Lequette, and at François Terré's funeral I was again seated at the back next to Jacques-Henri Robert. Yves Lequette and Jacques-Henri Robert, with whom I worked long and hard to prepare the [lien a="lavenir-du-droit"]Mélanges in honour of François Terré[/lien]. Yes, it is indeed the Mélanges that, in a great chain, honour the masters. It doesn't matter that this is incomprehensible to those outside the Alma Mater. When I read Denis's bibliography, which opens his Mélanges, I discover that Denis, who contributed to so many Mélanges, had his first contribution to this sort of books for the Mélanges conceived for François.   - ► English Summary of this contribution : The contribution pays tribute to Denis Mazeaud as a candidate in the Concours d'Agrégation des Facultés de Droit that we took together. As long as the University benefits from professors instituted in this way, i.e. in a non-competitive relationship with their peers and in a non-financially valued relationship with their knowledge and talent, Alma Mater will remain. - 📗[lien a="melanges-en-lhonneur-du-professeur-denis-mazeaud"]Read the general presentation of these Mélanges.[/lien] - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the VideoNews  MAFR Surplomb 🌐subscribe to the Newsletter MaFR Law & Art

► Full Reference : S. Piédelièvre, Droit commercial (Actes de commerce - Commerçants - Fonds de commerce - Concurrence - Consommation) (Commercial Law: Commercial Acts – Traders – Business Assets – Competition – Consumer Affairs), 1st ed. 1997 – 14th ed., 2024, Dalloz, "Cours Dalloz-Série Droit privé" Series, 480 p. - ► General presentation of the book (written in French) : This book, intended mainly for second- and third-year undergraduate students, offers a clear and detailed approach to the notion of commerciality. It will also be of interest to practitioners wishing to update their knowledge of commercial law. Complex in the French system, this notion raises many questions calling for concrete solutions of great importance, such as the rules on jurisdiction and evidence. The book approaches commercial law through commercial acts, traders, business assets, as well as competition and consumer affairs. The author has set out to present the rules that constitute the principles of commercial activity. - 📕Read the back cover (in French) - 📕Read the table of contents (in French) - 📚See the entire collection in which the book is published. -

► Full reference: [rubrique p="Présentation"]M.-A. Frison-Roche,[/rubrique] "L’usage des puissances privées par le droit de la compliance pour servir les droits de l’homme" (Use of private companies by Compliance Law to serve Human Rights) , in J. Andriantsimbazovina (dir.), [lien a="puissances-privees-et-droits-de-lhomme-essai-danal"]Puissances privées et droits de l'Homme. Essai d'analyse juridique[/lien], Mare & Martin,  coll. "Horizons européens", 2024, pp. 279-295 - 🚧read the  [lien a="lusage-des-puissances-privees-par-le-droit-de-la-c"]Bilingual Working Paper on which this article is based[/lien], with more technical developments, references and hypertext links - ► English Summary of this article: Following the legal tradition, Law creates a link between power with a legitimate source, the State, public power being its prerogative, while private companies exercise their power only in the shadow of this public power exercised ex ante.  The triviality of Economic Law, of which Competition Law is at the heart, consisting of the activity of companies that use their power on markets, relegates the action of the State to the rank of an exception, admissible if the State, which claims to exercise this contrary power, justifies it.  The distribution of roles is thus reversed, in that the places are exchanged, but the model of opposition is shared. This model of opposition exhausts the forces of the organisations, which are relegated to being the exception. However, if we want to achieve great ambitions, for example to give concrete reality to human rights beyond the legal system within which the public authorities exercise their normative powers, we must rely on a new branch of Law, remarkable for its pragmatism and the scope of the ambitions, including humanist ambitions, that it embodies: Compliance Law. Compliance Law is thus the branch of Law which makes the concern for others, concretised by human rights, borne by the entities in a position to satisfy it, that is to say the systemic entities, of which the large companies are the direct subjects of law (I). The result is a new division between Public Authorities, legitimate to formulate the Monumental Goal of protecting human beings, and private organisations, which adjust to this according to the type of human rights and the means put in place to preserve them. Corporations are sought after because they are powerful, in that they are in a position to make human rights a reality, in their indifference to territory, in the centralisation of Information, technologies and economic, human, and financial means. This alliance is essential to ensure that the system does not lead to a transfer of political choices from Public Authorities to private companies; this alliance leads to systemic efficiency. The result is a new definition of sovereignty as we see it taking shape in the digital space, which is not a particular sector since it is the world that has been digitalised, the climate issue justifying the same new distribution of roles (II).  - 📝read the article (in French) - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb

► Full Reference: [rubrique p="Présentation"]M.-A. Frison-Roche[/rubrique], C. Gilles and A. Oumedjkane (dir.), [lien a="compliance-et-contrats-publics"]Compliance et contrats publics (Compliance and public contracts)[/lien], Journal of Regulation & Compliance (JoRC), Centre de recherches et d’études administratives de Montpellier (CREAM) and Centre d’Études et de Recherches Comparatives Constitutionnelles et Politiques (CERCOP) of the Montpellier University, Faculté de droit et de science politique de Montpellier, January 12, 2024 - 🌐consult a general presentation of this event on LinkedIn, linking to a presentation of each speech (in French) - 🏗️This symposium takes place in the [lien a="cycle-de-colloques-2023-lobligation-de-compliance"]cycle of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partners Universities, focusing in 2023-2024 on the general theme of the Compliance Obligation[/lien] - 📚The works will then be inserted in the books:  📕[lien a="compliance-et-contrat"]Compliance et contrat[/lien], to be published in the 📚[rubrique p='Responsabilités éditoriales > Direction de la collection "Régulations & Compliance", JoRC & Dalloz']Régulations & Compliance[/rubrique] Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz, published in French. 📘Compliance & Contract, to be published on the 📚[lien a="compliance-monumental-goals"]Compliance & Regulation[/lien] Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz, published in English. - ► General presentation of the symposium: Compliance is developing throughout the legal system, through both Public and Private Law techniques. Public Contract Law bears witness to this in two ways: through its scope, in that Compliance applies to economic relationships entered into by public bodies, and through its object, which internalises a reconciliation between their economic interests and a set of other general interest objectives, or "Monumental Goals", a reconciliation for which public bodies have traditionally been responsible. In addition to unilateral acts, contracts have their rightful place as a practical means of achieving this reconciliation. Its flexibility allows for negotiation and adjustment of the burdens to be placed on the co-contracting parties. The aim of this symposium is to link the different manifestations of the Compliance Obligation in public contracts and thus give coherence to policies which are still too often considered in a watertight manner because they relate to very different aims and areas. Firstly, at the procurement stage, the promotion of responsible or innovative procurement, particularly from an environmental point of view, is one of the signs of Compliance's presence. On a completely different note, the same is true of the CJEU's challenge to the automatic application of bans on tendering, which prevent contracting authorities from ruling on a candidate's reliability by taking into account the compliance programmes implemented by companies since their conviction. Secondly, at the litigation stage, the Conseil d'État's (French Council of State) recent broad recognition of the illegality of an administrative contract on the grounds of a breach of ethical obligations has tempered the drive to make contracts more secure, drawing the consequences of the major drive for transparency in public life that has been underway since 2013. The aim of the morning session will be to understand the various forms of the Compliance Obligation in public contracts. This overview will make it possible, in the afternoon, to aim to unify the Compliance Obligation in public contracts. - - ► Speakers:  🎤Ugo Assouad, PhD student at the Montpellier University, CREAM 🎤Philippe Augé, President of the Montpellier University 🎤Clémence Ballay-Petizon, PhD student at the Montpellier University, CREAM  🎤Yannisse Benrahou, PhD student at Paris-Nanterre University, CRDP 🎤Léon Boijout, PhD student at the Montpellier University, CREAM 🎤Julien Bonnet, Full Professor at the Montpellier University, CERCOP 🎤Guylain Clamour, Dean of the Montpellier Faculty of Law and Political Science 🎤Marie-Anne Frison-Roche, Professor of Regulatory and Compliance Law, Director of the Journal of Regulation & Compliance (JoRC) 🎤Pierre-Yves Gadhoun, Professor at the Montpellier University, CERCOP 🎤Pascale Idoux, Professor at the at the Montpellier University, CREAM 🎤Nedjma Kontoukas, PhD student at the Montpellier University, CREAM 🎤Valentin Lamy, Senior Lecturer at the Lorraine University, IRENEE 🎤Antoine Oumedjkane, Senior Lecturer at Lille University, ERDP 🎤Lucien Rapp, Emeritus Professor at Toulouse Capitole University 🎤Marion Ubaud-Bergeron, Full Professor at the Montpellier University, CREAM  - 🧮Read a detailed presentation of the event below⤵️ - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

► Full Reference: Autorité de la concurrence (French Competition Authority), Décision relative à la prise de contrôle exclusif de la société McKesson Europe par le groupe Phoenix (Decision on the acquisition of sole control of McKesson Europe by the Phoenix Group), 30 September 2022, n° 22-DCC-186. - 🏛️read the decision (in French) -

Full reference: Frison-Roche, M.-A., Facebook: Quand le Droit de la Compliance démontre sa capacité à protéger les personnes (Facebook: When Compliance Law proves its ability to protect people), interview with Olivia Dufour, Actu-juridiques Lextenso, 23rd of November 2020 Read the interview (in French) [lien a="due-process-and-personal-data-compliance-law-same-"]Read the news of the Newsletter MAFR - Law, Compliance, Regulation about this question[/lien]

Full reference: Frison-Roche, M.-A., From Competition Law to Compliance Law: example of French Competition Authority decision on central purchasing body in Mass Distribution, Newsletter MAFR - Law, Compliance, Regulation, 27th of October 2020 Read by freely subscribing the other news of the Newsletter MAFR - Law, Compliance     -   Summary of the news: Through its decision of 22nd of October 2020, the Autorité de la concurrence (French Competition Authority) accepted the commitments proposed by retail sector's firms Casino, Auchan, Metro and Schiever so that their agreement by which a common body centralizes purchases from numerous retailers, allowing each to offer these products under private label, is admissible with regard to competitive requirements.  In this particular case, the Authority had self-sized in July 2018, estimating that such a purchase center could harm competition, opening immediately a large consultation on the terms of the contract. In October 2018, the law Egalim permitted to the Authority to take temporary measures to suspend such a contract, what the Authority did from September.  The convention parties' firms committed on the one hand to update their contract limiting the power on suppliers, especially small and very small suppliers, excluding totally of the field of the contract some kind of products, especially food products and reducing the share of bought products volume dedicated to their transformation in distributor brand.  The Autorité de la concurrence accepts this proposal of commitments, congratulates itself of the protection of small suppliers operating like that and observe the similarity with the contract consisting in a purchase center between Carrefour and Tesco, which will be examined soon.  -   We can draw three lessons of this innovating decision, which could be a model for after:  1. The technique of Compliance Law permits to the Autorité de la concurrence to find a reasonable solution for the future.  Indeed, rather than punishing much later by a simple fine or to annihilate the performing mechanism of the purchase center, the Authority obtains contract modifications.  The contract is structured and the obtained modifications are also structural.  The commitments are an Ex Ante technique, imposed to operators, for the future, in an equilibrium between competition, operators and consumers protection and the efficacy of the coordination between powerful operators.  The nomination of a monitor permits to build the future of the sector, thanks to the Ex Ante nature of Compliance Law.  2. The retail sector finally regulated by Compliance technics. "Distribution law" always struggle to find its place, between Competition law and Contract Law, especially because we cannot consider it as a common "sector".  The Conseil constitutionnel (French constitutional court) refused a structural injunction power to the authority because it was contrary to business freedom and without any doubt ethics of business is not sufficient to the equilibrium of the sector. Through commitments given against a stop of pursuits relying on structuring contracts, it is by Compliance law that a Regulation law free of the condition of existence of a sector could leave. 3. The political nature of Compliance law in the retail sector As for digital space, which is not a sector, Compliance law can directly impose to actors imperatives that are strangers to them.  In the digital space, the care for fighting against Hate and for protecting private life; here the care for small and very small suppliers.    -   See in counterpoints the pursuit of a contentious procedure against Sony, whose the proposals of commitments, made after a public consultation, were not found satisfying. To go further, on the question of [lien a="conditions-for-the-legality-of-a-platform-managed-"]Compliance law permitting through indirect way the rewriting by the Conseil of a structuring contract (linking a platform created by the State to centralize health data with an American firm subsidy to manage them).[/lien]

Full reference: Petit, N., Droit européen de la concurrence, 3rd edition, Collection "Précis Domat Droit Public/Droit privé", Lextenso - LGDJ, 2020   Read the forth of cover (in French) Read the table of contents (in French)

Full reference: Baer, B., Proposals to Strengthen the Antitrust Laws and Restore Competition Online, Testimony before the United-States House of Representatives, Committee on Judiciary, Subcommittee on Antitrust, Commercial and Administrative Law, 1st of October 2020 Read the testimony Read Bill Baer's presentation by Brookings Institution of which he is a member

Full reference: ARAFER, Opinion n°2019-083 relatif aux projets de décrets approuvant les statuts de la société nationale SNCF, de la société SNCF Réseau, de la filiale mentionnée au 5° de l’article L. 2111-9 du code des transports et de la société SNCF Voyageurs, et portant diverses dispositions relatives à ces mêmes entités (related to the project of decrees approving the status of the national societies SNCF, SNCF réseau, of the subsidy mentionnes at the 5° of the article L. 2111-9 du code des transports and of SNCF Voyageurs, and carrying some dispositions related to this bodies), 9th of December 2019 Read the opinion (in French) Read the décret approuvant les status de la société nationale SNCF (in French) [lien a="avis-n2019-028-du-9-mai-2019"]Read the opinion of 9th of May 2019 having preceded the one of 9th of December 2019[/lien]

Full reference: Roda, J.-C., La crise du droit antitrust in Mélanges en l'honneur de Jacques Mestre, coll. Mélanges, Lextenso - LGDJ, 2019, pp. 839-854 Sciences Po's students can read the article via MAFR Sciences Po's Drive Regulation & Compliance 

Full reference : ARAFER, Opinion n°2019-028 relatif au projet d'ordonnance portant diverses dispositions relatives à la nouvelle SNCF (related to the project of ordinance carrying some dispositions related to the new SNCF), 9th of May 2019 Read the opinion (in French) Read the ordonnance portant diverses dispositions relatives à la nouvelle SNCF (in French) [lien a="avis-n2019-083-du-9-decembre-2019"]Read the opinion of 9th of December 2019 following the one of 9th of May 2019[/lien]