Subscribe to Jacques Buhart's Posts
Jacques Buhart focuses his practice on cross-border mergers and acquisitions and EU/French competition investigations and litigation out of Brussels and Paris. Jacques has also developed substantial knowledge of various industries, including nuclear, telecommunications, pharmaceutical, paper and energy. He is head of the Firm's Paris and Brussels offices. Read Jacques Buhart's full bio.
By Philip Bentley, Jacques Buhart, Andrea Hamilton, David Henry and Hendrik Viaene on Feb 2, 2021
Posted In Brussels Developments, Cartel Enforcement, EC Developments, EU Developments, Monopolization/Abuse of Dominance
McDermott’s Annual European Competition Review summarizes significant developments in the field of European competition law. 2020 saw several important legislative and policy developments, including EC guidance on foreign direct investment, the promulgation of a temporary framework for antitrust cooperation in the context of COVID-19 and the issuance of a rare competition law comfort letter thereunder....
By Philip Bentley, Jacques Buhart, David Henry and Andrea Hamilton on Mar 23, 2020
Posted In EC Developments, EU Developments, Mergers & Acquisitions
In the midst of the ongoing global effort to mitigate the effects of COVID-19, the Directorate-General for Competition (DG Competition) of the European Commission (EC) and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at the same time seeking to ensure that the EU economy remains as...
By David Henry and Jacques Buhart on Nov 7, 2019
Posted In EC Developments, Monopolization/Abuse of Dominance
The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its prima facie abusive conduct with almost immediate effect. This is the first time in 18 years that the...
By David Henry and Jacques Buhart on Feb 11, 2019
Posted In EC Developments, Mergers & Acquisitions
The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the Siemens/Alstom railway merger done, Competition Commissioner Vestager has forcefully reiterated that the substantive test under the EU Merger Regulation remains exclusively...
By Dr. Boris Uphoff, David Henry, Jacques Buhart, Jacob Grierson and Nisrin Abelin on Nov 13, 2018
Posted In Cartel Enforcement, EU Developments
The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed based on Art. 102 TFEU (i.e., for abuse of a dominant position). This contrasts with the ECJ’s position in follow-on cartel damages claims (under...
By Jacques Buhart on Dec 13, 2017
Posted In EC Developments, EU Developments, French Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Jurisdictional thresholds French merger control applies if the turnovers of the parties to a transaction (usually the acquirer(s) including its (their) group(s) of companies, and the target) exceeded, in the last financial year, certain (cumulative) thresholds provided in Article L. 430-2, I of the French Commercial Code (the “Code”): Combined worldwide pre-tax turnover of all...
By Jacques Buhart, David Henry and Philip Bentley on Feb 2, 2017
Posted In Cartel Enforcement, EC Developments, EU Developments, French Developments, German Developments, Italian Developments, Mergers & Acquisitions
It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of information, but it is difficult to select that which is really relevant to one’s business. McDermott’s EU Competition...
By Jacques Buhart and Louise Aberg on Aug 26, 2016
Posted In EC Developments, Joint Ventures/Competitor Collaboration
In the European Union (EU), at the inception of a joint venture (JV), parent companies must determine whether the newly created structure presents a full-functionality nature, which depends on its degree of autonomy. The answer to this question will determine the legal framework applicable to it. On the one hand, if the JV is full-function...
By Philip Bentley, Martino Sforza, Matthieu Adam, Louise Aberg, Jacques Buhart, David Henry, Dr. Boris Uphoff and Andrea Hamilton on Jan 22, 2016
Posted In EU Developments
McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand recent developments, this booklet is a great reference when dealing with complex issues of EU competition law. Read the...
By Philip Bentley, Jacques Buhart and Andrea Hamilton on Oct 3, 2014
Posted In EC Developments, EU Developments
Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next European Union Competition Commissioner in November 2014. In a three hour hearing before the European Parliament (EP) last night (2 October), Ms Vestager answered the EP’s questions and revealed a number of issues that she would like to focus on during...