Jacques Buhart
Subscribe to Jacques Buhart's PostsJacques 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.
Bigger Is Better. . .Or Maybe Not: The Siemens/Alstom Railway Merger
By 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...
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Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action
By Dr. Boris Uphoff, Jacques Buhart and Jacob Grierson 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 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...
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McDermott EU Competition Annual Review 2016
By Jacques Buhart 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 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...
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McDermott EU Competition Annual Review 2015
By Dr. Boris Uphoff, Jacques Buhart, Louise Aberg, Matthieu Adam, Martino Sforza and McDermott Will & Emery 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...
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New EU Competition Commissioner’s Priorities For 2014-2019: Hearing Before The European Parliament
By Jacques Buhart and McDermott Will & Emery 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...
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New EU Competition Commissioner Magrethe Vestager to Take Office in November, Pending Approval
By McDermott Will & Emery and Jacques Buhart on Sep 11, 2014
Posted In EC Developments
In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from Denmark will replace Joaquin Almunia as the EU Commissioner for Competition. Ms Vestager is to take office in November, subject to confirmation by the European Parliament. The...
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Commission Publishes White Paper on Minority Shareholdings
By Jacques Buhart on Jul 17, 2014
Posted In Mergers & Acquisitions
On 9 July 2014, the EU Commission (Commission) published a White Paper (White Paper) entitled Towards more effective EU merger control. The White Paper sets out the Commission’s current thinking on the application of merger control rules to the acquisition of non-controlling minority shareholdings. The Commission’s proposals concerning the application of merger controls to the...
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The Case of Ophthalmic Drugs in Italy and France: A Lesson to Learn – Parallel Antitrust Investigations and Cooperation Between National Competition Authorities
By Jacques Buhart and Martino Sforza on May 7, 2014
Posted In French Developments, Healthcare Antitrust, Italian Developments
The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the cooperation that takes place between national competition authorities. International groups should therefore take into account all the jurisdictions where they have a presence or do business when developing their antitrust audit and...
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