Publications of Nicolas Petit
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See detailLe droit de la concurrence : précautions utiles lors de la rédaction d'un contrat de distribution
Bellis, Jean-François ULiege; Petit, Nicolas ULiege

in UB3 - Actualités en matière de rédaction des contrats de distribution (2014)

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See detailAntitrust damages in EU law and policy: Introduction. Series n° 5
Derenne, Jacques ULiege; Morgan de Rivery, Eric; Petit, Nicolas ULiege

in Derenne, Jacques; Morgan de Rivery, Eric; Petit, Nicolas (Eds.) Antitrust damages in EU law and policy, GCLC, College of Europe - Annual Conference Series n° 5 (2014)

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See detailInjunctions for FRAND Pledged SEPs : The question for an appropriate test of abuse under article 102 TFUE
Petit, Nicolas ULiege

in European Competition Journal (2013)

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See detailThe Oligopoly Problem in EU Competition Law
Petit, Nicolas ULiege

in GERADIN, D.; LIANNOS, I. (Eds.) Research Handbook in European Competition Law (2013)

This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the ... [more ▼]

This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the dominant view that merger control is the ultimate preventive remedy against tacit collusion. On close analysis, the merger-only enforcement paradigm against tacit collusion generates a systemic risk of type II errors. Part of this enforcement gap may, however, be alleviated through a more muscular enforcement of the rules on coordinated conduct (i.e. Article 101 TFEU) and on unilateral conduct (i.e. Article 102 TFEU). In this later respect, the paper formulates a possible theory of harm that would entitle agencies and courts to apply Article 102 TFEU to specific types of conduct by oligopolists. The concept of abuse of collective dominance may in particular be applied to the artificial tactics which oligopolists adopt to protect an observed collusive equilibrium from the natural, disruptive effect caused by an external shock (entry, natural disaster, change in tax rate, etc.). In this sense, the paper is different from other scholarly proposals that recommend applying rules on unilateral conduct to excessive oligopoly prices and/or facilitating practices. [less ▲]

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See detailThe Future of the Court of Justice in EU Competition Law Copyright Year
Petit, Nicolas ULiege

in The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law (2013)

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See detailEthique et conflits d'intérêts en droit européen de la concurrence
Petit, Nicolas ULiege

in Concurrences (2013), (1),

The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less ... [more ▼]

The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less, if none attention has been paid to the rules and remedies that govern conflicts of interests amongst lawyers, civil servants, legal secretaries and Members of the Court. This short paper seeks to open the discussion on this issue. [less ▲]

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See detailThe Future of the Court of Justice in EU Competition Law - New Role and Responsibilities
Petit, Nicolas ULiege

in , in Court of Justice of the EU (Ed.), The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law (2013)

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See detailAbuse of Dominance in Technology-Enabled Markets: Established Standards Reconsidered?
Petit, Nicolas ULiege; Rato, Miguel

in European Competition Journal (2013)

This paper seeks to examine whether the legal standards underpinning the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) need to be revisited in light of the ... [more ▼]

This paper seeks to examine whether the legal standards underpinning the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) need to be revisited in light of the alleged specificities of “technology-enabled” markets. To this end, the paper is divided in seven parts. Following this short introduction (A), the paper offers first a definition of the very notion of “technology-enabled” markets (B). Then, it questions whether competition agencies should depart from conventional enforcement techniques when reviewing conduct in fast-moving, technology-enabled markets, and follow new, expedited enforcement procedures as proposed recently by several high-ranking officials (C). After this, the paper turns to substantive issues. It begins by reviewing the intricacies of market definition and dominance in technology-enabled markets (D). It then offers some general thoughts on whether a new, general legal standard for a determination of unlawful abuse is needed in technology enabled markets (E). Finally, the paper considers six categories of abusive conduct in the high-tech sector and shows that, faced with a variety of applicable legal standards for each of them, competition agencies, courts and plaintiffs have – understandably – almost always invoked and applied the loosest possible test in support of their allegations or findings. We suggest, in turn, that under existing case-law stricter standards could and should be applied, and that this is particularly important in the context of technology-enabled markets for the simple reason that it is in these markets that the most common pitfalls and shortcomings of the EU law on abuse of a dominant position are magnified (F). [less ▲]

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See detailMicrosoft Corp. contre Commission T-167/08, 27 juin 2012
Petit, Nicolas ULiege

Scientific conference (2012, November 29)

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See detailNEW CHALLENGES FOR 21ST CENTURY COMPETITION AUTHORITIES
Petit, Nicolas ULiege

E-print/Working paper (2012)

This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five ... [more ▼]

This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five major antitrust law journals. The assumption underlying this literature review is that the topics that statistically attract the most the attention from contemporary antitrust scholars are those that will likely constitute the main challenges for 21st century competition authorities. [less ▲]

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See detailAims and Values in EU Competition Law
Petit, Nicolas ULiege

Scientific conference (2012, September 20)

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See detailL'Europe change nos vies
Petit, Nicolas ULiege

Article for general public (2012)

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See detailEurope weighs Antitrust Case aigainst Google, urging search changes
Petit, Nicolas ULiege

Article for general public (2012)

Google may have abused its dominant position in Internet search by promoting its own businesses at the expense of competitors, the European Commission said. It warned the company to propose chnages 'in a ... [more ▼]

Google may have abused its dominant position in Internet search by promoting its own businesses at the expense of competitors, the European Commission said. It warned the company to propose chnages 'in a matter of weeks" to its method of answering user search queries, or possibly face antitrust lawsuit. [less ▲]

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See detailChange of Tone could help Google in European Antitrust Case
Petit, Nicolas ULiege

Article for general public (2012)

For the past two years, Google has worked hard to avoid facing formal antitrust charges in Europe that could mean years of expensive litigation and encourage the authorities in other parts of the world to ... [more ▼]

For the past two years, Google has worked hard to avoid facing formal antitrust charges in Europe that could mean years of expensive litigation and encourage the authorities in other parts of the world to take comparable actions. Time is running out. The European Commission could bring charges against the U.S. company for abusing its dominance in the search and advertising market in the next few weeks. [less ▲]

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See detailUS Antitrust Move has Google fighting on Two Fronts
Petit, Nicolas ULiege

Article for general public (2012)

Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade ... [more ▼]

Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade Commission is starting its own antitrust inquiry. [less ▲]

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See detailA Quick Look into the past, present and future of competition Enforcement in the Pharmaceutical Sector
Petit, Nicolas ULiege

Conference given outside the academic context (2012)

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See detailBudget : Après la rigueur douce, la concurrence dure?
Petit, Nicolas ULiege

Article for general public (2012)

L’un des maux endémiques de l’économie belge tient aux pressions concurrentielles insuffisantes sur de nombreux marchés de produits. Faute d’un cadre de surveillance effectif, les prix des biens et ... [more ▼]

L’un des maux endémiques de l’économie belge tient aux pressions concurrentielles insuffisantes sur de nombreux marchés de produits. Faute d’un cadre de surveillance effectif, les prix des biens et services demeurent – comme le décrivent maintes études – plus élevés que dans d'autres États membres, et ce spécialement dans le secteur de la vente au détail et dans les industries de réseaux (énergie, télécommunications, transport ferroviaire, etc.). [less ▲]

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See detailIndustrial Policy and Competition Enforcement: Is There, Could There and Should There Be a Nexus?
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

Conference (2012)

This paper muses on whether there can be, there is, and there should exist a nexus between European Union (“EU”) competition law and industrial policy. A well-known, long lasting grievance in the history ... [more ▼]

This paper muses on whether there can be, there is, and there should exist a nexus between European Union (“EU”) competition law and industrial policy. A well-known, long lasting grievance in the history of EU competition law is indeed that the European Commission (“the Commission”) has allegedly enforced the competition rules dogmatically, and turned a blind eye on industrial policy considerations. Lately, this policy debate has revived. With the current economic debacle in the Western world, decades of free-market economic policies – including competition policies – inherited from the so-called “Washington consensus” are called into question. In contrast, thriving economic models like Brazil, China, or India where the State interferes with the market at the expense of free competition, are increasingly looked by the “old world” as a possible source of inspiration. Those new developments justify devoting another paper to the question whether industrial policy considerations could and should inform EU competition enforcement. To address it, we follow a four steps methodology. We first solve definitional issues by describing the various possible meanings of “industrial policy” (I). Second, we follow a legalistic approach to review whether such considerations can, as a matter of positive law, play a role (II). Third, we turn to empirical analysis, to examine if there has been some industrial policy influence in the Commission’s case-law (III). Fourth, we review consequentialist arguments to assess whether industrial policy considerations should play a stronger role in EU competition enforcement (IV). [less ▲]

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See detailVertical Restraints under EU Competition Law: Conceptual Foundations and Practical Framework
Petit, Nicolas ULiege; Henry, David

Book published by Bruylant (2011)

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See detailExcessive Pricing: The Flaws of ‘Tea Party Competition’ Policy
Petit, Nicolas ULiege

in Journal of European Competition Law and Practice (2011), 2(6), 519-520

Since the adoption of the Guidance Communication in 2009, the Commission has kept exploitative abuses— and in particular excessive pricing cases—in a state of artificial hibernation, and focused on ... [more ▼]

Since the adoption of the Guidance Communication in 2009, the Commission has kept exploitative abuses— and in particular excessive pricing cases—in a state of artificial hibernation, and focused on exclusionary cases as a matter of enforcement priority. The Commission’s small antitrust policy against exploitative abuses is predicated on ‘Tea Party’ competition economics: in the long term, high prices are presumed to deliver efficient outcomes, and competition enforcers risk doing more harm than good in trying to improve market outcomes [less ▲]

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