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Competition lawyer - Romain MIRABILE

Competition lawyer

Competition lawyer: your partner for compliance with competition law

Your competition lawyer can help you avoid illicit cartels or abuses of dominant positions, and advise you on merger control for divestitures and acquisitions. 

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Competition

What is competition law?

Competition law is an essential branch of commercial law governing commercial practices and relations between companies. It covers provisions prohibiting anti-competitive practices, abuse of dominant positions, merger control and state aid control.

This is a crucial area for preserving the free play of competition and ensuring fair competition at both national and European level. 

Mastering competition law is essential for companies to avoid sanctions and promote fair trade practices.

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Dedicated support

Your services in competition law

  • Advice: Support for companies faced with issues of anti-competitive practices and merger control. My expertise extends to the various aspects of competition law, ensuring the compliance of your business practices and defending your interests in the event of litigation.
  • Competition case management: I handle cases and disputes relating to illegal cartels, abuse of dominant position and merger control, offering strategic advice and representation before the French Competition Authority, the courts or European bodies. I can help you prepare notification files and respond to inquiries from the relevant authorities.
  • Training and awareness-raising: I offer training sessions for you and your teams to develop an in-depth understanding of competition rules and the best practices to adopt to avoid infringements and sanctions.
Step-by-step analysis

Different stages of intervention

Stage - 1
Analysis of commercial practices and contracts

My first task is to analyze your business practices to ensure compliance with competition law. This includes examining cartels, abuse of dominant positions and restrictive practices.

Stage - 2
Assistance with merger control

I support you in the merger control process, helping to prepare notification files for the competition authorities and advising on the strategies to adopt.

This includes analyzing the economic impact of mergers and acquisitions, and managing interactions with the French Competition Authority.

Stage - 3
Antitrust case management

I am involved in managing cases relating to illegal cartels and abuse of dominant positions, providing legal expertise to respond to investigations by regulatory authorities and defending your interests in the event of proceedings.

Stage - 4
Implementation of a competition compliance program

I support you in implementing competition law guidelines to ensure harmonized communication on the rules to be respected in competition law.

Stage - 5
Training and awareness-raising on competition law

I offer customized training sessions for your teams on aspects of competition law. These sessions aim to develop a better understanding of anti-competitive rules and encourage compliant business practices.

Stage - 6
Legal watch and adaptation to new regulations

I offer you ongoing legal monitoring to keep you abreast of the latest developments in competition law. I can also advise you on the adjustments you need to make to your practices to keep up with legislative and regulatory changes.

What are your risks?

Competition law sanctions?

Sanctions imposed by the Autorité de la Concurrence are designed to punish offending companies and deter others from engaging in anti-competitive practices.

They are essential to maintaining market integrity and competitiveness.

In the event of infringements, the Authority can impose financial penalties and/or injunctions, tailored to each specific situation:

  • Maximum amount of the fine: The fine may reach up to 10% of the worldwide sales of the group concerned, in accordance with the provisions of the French Commercial Code. This scale of the penalty has a significant dissuasive effect on economic players.
  • Calculating the amount of the penalty: The Authority first determines a basic amount for each company involved. This amount is based on several criteria, such as the size of the market affected, the seriousness of the infringements, and the duration of the illicit practices.
  • Individual adjustments: The amount of the fine is adjusted according to the specific situation of each company. This includes taking into account financial difficulties, membership of a large group, and mitigating or aggravating circumstances such as repeated infringements.

These sanctions play a crucial role in regulating the market by ensuring that companies comply with competition rules, thereby ensuring fair and effective competition in the marketplace.

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FAQ's

Frequently asked questions

To ensure compliance with competition rules, it is crucial to understand the prohibitions against illicit cartels and abuse of a dominant position. It is advisable to train your teams on the behaviors to be avoided, and to consult a competition lawyer on a regular basis to review your business practices.

Illegal agreements, such as price fixing or market sharing, are severely punished and can result in fines of up to 10% of your group's worldwide sales. These practices can also seriously damage your reputation and business relationships.

If your company holds a dominant position in a market, it must avoid practices such as imposing unfair prices or limiting market access for its competitors.

To avoid such abuses, it is advisable to regularly analyze your market position and business practices with the help of a competition lawyer.

Before any merger or acquisition, carry out an in-depth analysis of the impact on the competition.

Depending on the sales of the companies involved, it may be necessary to notify the transaction to the competition authorities and obtain their approval. Legal advice is essential when navigating merger control procedures.

State aid control aims to prevent public subsidies from distorting competition.

If your company receives state aid, make sure it complies with EU state aid rules. In the event of a problem, you won't be able to protect yourself against the state in order to justify the regularity of this state aid.

A lawyer can help you assess the legality of the aid received and advise you on the steps to take.