Jacques Buhart

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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.

European Competition Review 2022


By , , , , , , , , and on Feb 6, 2023
Posted In Cartel Enforcement, Consumer Protection/Privacy, EC Developments, EU Developments, Mergers & Acquisitions

This Review provides legal counsel and their teams easy reference guidance on essential EU competition law developments covering key areas of law and policy. Topics covered include: Cartels & Restrictive Agreements Abuse of Dominant Position Merger Control State Aid Legislative and Policy Developments Access the special report.

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Annual European Competition Review 2021


By , , , , , and on Feb 4, 2022
Posted In Brussels Developments, EC Developments, Energy/Commodities, EU Developments, French Developments, German Developments, Healthcare Antitrust, IP Antitrust, Italian Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference guidance on essential EU competition law developments covering key areas of law and policy, to help keep you...

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Annual European Competition Review 2020


By , and 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....

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COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures


By 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...

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Interim Measures Imposed on Broadcom: The Re-Awakening of a Once-Dormant Tool?


By 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...

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Bigger Is Better. . .Or Maybe Not: The Siemens/Alstom Railway Merger


By 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...

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Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action


By , and 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...

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Three Things To Know About French Merger Control


By 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...

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McDermott EU Competition Annual Review 2016


By 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...

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The Concept of Full-Function Joint Venture in the EU


By and 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...

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