Publications of Nicolas Petit
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See detail"Stealth Licensing" - Or antitrust law and trade regulation squeezing patent rights
Petit, Nicolas ULiege

in Revue du Droit des Industries de Réseau (2014)

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See detailThe Principles of Equivalence and Effectiveness as a Limit to National Procedural Autonomy
Petit, Nicolas ULiege

Scientific conference (2014, March)

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See detailMarket Power in the Credit Rating Industry: State of Play and Proposal for Reforms
Candelon, Bertrand; Gautier, Axel ULiege; Petit, Nicolas ULiege

in CPI Antitrust Chronicle (2014), 2

In recent years, the Credit Rating Agencies (“CRAs”) have been in the eye of the storm. Some argue that CRA rating errors—symptomatized by rating inflation or deflation—originate in excessive competition ... [more ▼]

In recent years, the Credit Rating Agencies (“CRAs”) have been in the eye of the storm. Some argue that CRA rating errors—symptomatized by rating inflation or deflation—originate in excessive competition. This paper argues that the low level of competition in credit rating is a better explanation for rating this phenomenon. [less ▲]

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See detailFinancial Fair Play ou "Oligopoleague" de clubs rentiers: Elements d'analyse en droit de la concurrence
Petit, Nicolas ULiege

E-print/Working paper (2014)

This short paper offers a first analysis of the UEFA's "break even requirement" under the EU competition rules. It shows that there are good reasons to believe that the UEFA Financial Fair Play regulation ... [more ▼]

This short paper offers a first analysis of the UEFA's "break even requirement" under the EU competition rules. It shows that there are good reasons to believe that the UEFA Financial Fair Play regulation violates Article 101 of the Treaty on the Functioning of the EU, in particular because it limits investments in the sense of Article 101(1) b) TFEU and in turn risks ossifying the market structure to the benefit of a tight oligopoly of football clubs. [less ▲]

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See detailUber, Concurrent Déloyal ou Champion Libérateur de l’Économie du Partage ?
Petit, Nicolas ULiege

in LCII Policy Briefs (2014)

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See detailPrice Squeezes with Positive Margins - Economic and Legal Anatomy of a Zombie
Petit, Nicolas ULiege

in Revue du Droit des Industries de Réseau (2014)

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See detailPatent=Monopoly: A Legal Fiction
Petit, Nicolas ULiege; Bostyn, Sven ULiege

Scientific journal (2014)

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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 detailOf conflicts of interests in EU competition proceedings
Petit, Nicolas ULiege

in European Competition Law Review (2013), 34(6), 338-339

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

The debate over the compatibility of EU competition enforcement with art.6 ECHR is far from over. Whilst there have been a great—some would say excessive—deal of papers on due process issues, less, or even no 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 detailDroit européen de la concurrence
Petit, Nicolas ULiege

Book published by Montchrestien (2013)

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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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