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Lionel Lesur advises domestic and international companies from a broad range of industries, as well as investment funds and top managers, in matters involving corporate and competition/distribution law. Lionel has experience in the negotiation of private mergers and acquisitions, leveraged buyouts (including management packages and long-term incentive plans), and complex commercial contracts. He has in-depth experience with European and French competition law, including international merger control and antitrust proceedings. Lionel also regularly advises clients in relation to distribution strategies and compliance programs. Read Lionel Lesur's full bio.
French Competition Authority Fines a Pharmaceutical Laboratory EUR 25 Million for Anti-Generic Practices
By Elena Chutrova and Lionel Lesur on Jan 4, 2018
Posted In French Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version of Durogesic, and for hindering its development through a disparagement campaign. No public version of the decision is available yet, nonetheless the FCA has already published...
By Jacques Buhart and Lionel Lesur 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 Elena Chutrova and Lionel Lesur on Oct 25, 2017
Posted In Cartel Enforcement, EU Developments, French Developments, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance
On October 19, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as well as the industry’s trade association, SFEC (Syndicat Français des Enducteurs Calandreurs et Fabricants de Revêtements de Sols et Murs), for price-fixing,...
By Antoine De Rohan Chabot, Lionel Lesur, Mélanie Bruneau and Wilko van Weert on May 16, 2017
Posted In Distribution/Franchising, EC Developments
On 10 May 2017, the European Commission published its final report on the e-commerce sector inquiry. The report is divided into two sections, covering e-commerce issues in relation to consumer goods and digital content. It also identifies business practices that might restrict competition and limit consumer choice. It would be advisable for e-commerce businesses to...
By Louise Aberg, Aymeric Discours and Lionel Lesur on Apr 6, 2017
Posted In EU Developments, French Developments, Private Litigation
On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions. The implementation provisions faithfully transpose the Directive, but some concepts still, however, need to be clarified by courts at the EU and French levels. Read the full article.
By Louise Aberg and Lionel Lesur on Nov 9, 2016
Posted In French Developments, Mergers & Acquisitions
For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, behaviour commonly known as “gun-jumping”.
By Louise Aberg and Lionel Lesur on Sep 14, 2016
Posted In EC Developments, Mergers & Acquisitions
Financial regulatory authorities such as the US Security and Exchange Commission (SEC) and the French Autorité des marchés financiers frequently impose on companies that are listed on a stock exchange the obligation to disclose key information to investors to help them make informed investment decisions. The difficulties for companies lie principally in the nature of...
US and EU Requirements for Pre-Merger Notification of an Acquisition of a Minority Shareholding Interest
By Bilal Sayyed and Lionel Lesur on Aug 31, 2016
Posted In DOJ Developments, EC Developments, EU Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
In May, the Federal Trade Commission (FTC) required Hikma Pharmaceuticals PLC to divest its 23 percent interest in Unimark Remedies, Ltd. and its US marketing rights to a generic drug under manufacture by Unimark as a condition to allowing Hikma to complete its acquisition of Roxane Laboratories. The FTC was concerned that Hikma’s continued holding...
By Lionel Lesur on Feb 25, 2016
Posted In Consumer Protection/Privacy, French Developments
Since entry into force on 1 January 2016 of the French provisions transposing the 2013 EU directive regulating mediation of consumer disputes (Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes (“ADR”)), and the operability of the online platform provided by the 2013 EU regulation on online dispute resolution for consumer...
By Lionel Lesur and Philip Bentley on Feb 22, 2016
Posted In Cartel Enforcement, EC Developments, Mergers & Acquisitions
As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not a retrial on the merits (although the GCEU does have special jurisdiction to increase or reduce the amount of any fine). Thus there...