Yann Utzschneider

Successful representation of Intermarché Casino Achats ("Inca-a"), the joint purchasing venture between Casino and Intermarché in an appeal against a decision of the European Commission (EC) to order inspections at premises of Intermarché Casino Achats and its parent companies Casino and Intermarché. The inspection decision aimed to seek evidence of Inca-a's alleged involvement in two violations of Article 101 of the Treaty on the Functioning of the European Union (TFEU). In its judgment of March 9, 2023 the EU's Court of Justice ruled that, regarding the only remaining infringement following the judgment of the General Court, the EC had failed to fulfil its obligation to record the interviews it conducted with suppliers to collect information relating to its investigation. In the absence of valid evidence justifying the inspection, the EU's Court of Justice ruled that the inspection was illegal and annulled the EC's decision in its entirety.

Representing a major player in Europe's retail sector in a litigation against the Ministry of the Economy (DGCCRF) which resulted in a great progress for defense rights in this kind of litigation. Before the first-degree court (Paris Commercial Court), he obtained for the first time a full access to the investigation file, and not only the sample tailored by the Ministry of the Economy to support its views. Then, on appeal, the Paris Court of Appeal ruled out minutes of hearings conducted by the investigation team of the Ministry of the Economy on the ground that investigators exceeded their power during the interviews.

Represented BSH Electroménager in the context of complex cartel proceedings before the Autorité de la concurrence, involving both horizontal (price fixing) and vertical issues (hindering online sales, selective distribution, imposition of resale prices).

Successful representation of Nespresso before the Paris Commercial Court in connection with the dismissal of an action for damages following a commitment decision by the French Competition Authority.

Successful representation of an automotive supplier before the Lyon Commercial Court in the context of the defence of an action for damages following a settlement decision by the European Commission.

Successfully advising Free Mobile, the French wireless service provider and part of the Iliad group, in the framework of a class action initiated by UFC Que Choisir, the French consumer association, regarding alleged misleading advertising of Free Mobile's 3G network capacities.

Represented BSH in proceedings before the French Competition Authority relating to anticompetitive practices in the consumer goods sector, resulting in a fine reduction of 70-80% for a leniency application following a dawn raid.

Advising Air Austral in relation to the restructuring of the airplane company which required the notification of the proposed aid of the French authorities to the European Commission before its implementation. The European Commission authorised the restructuring aid amounting to €119.3 million to Air Austral with limited commitments.

Advising GreenYellow, a pioneer company active in decentralised photovoltaic power generation, energy efficiency projects and energy services, in connection with its sale by Casino Group, Tikehau Capital and Bpifrance of a majority stake in GreenYellow.

Representing Casino Group on the merger control aspects of the sale of its subsidiary FLOA to BNP Paribas, and on the establishment of a long term commercial and strategic partnership between Casino Group and BNP Paribas to develop fractional payments activity 'FLOA PAY'.

Successfully represented Dyson in an unfair competition case launched against the marketing campaign of competitor Rowenta (SEB Group) for using notably the slogan "The best cleaning performance" and the logo "1" surrounded by a laurel wreath on packaging and various advertising media, misleading consumers into believing that its product "Air Force Extreme Lithium" was the best among cordless stick vacuum cleaners.

Representing Hg, Europe's leading specialist private equity investor focused on software and service businesses, on its investment in the Septeo Group, a European leader in LegalTech based in France.

Successfully representing Hertz in proceedings before the French Competition Authority for alleged anti-competitive practices, resulting in the full dismissal of two objections, an extremely rare outcome in cases of this nature.

Representing Frans Bonhomme, a leading French distributor of construction materials, especially for civil engineering, in obtaining merger clearance in France for its contemplated acquisition of one of its main competitor Distribution de Matériaux pour les Travaux Publics (Point.P Travaux Publics).

Advising Casino in the sale of its food retail subsidiary (Big C and C-Express shops) in Vietnam in relation to merger control matters.

Advising Faurecia, one of the world's largest automotive equipment suppliers, on multi-jurisdictional merger control issues and EU merger filing with respect to the sale of its Automotive Exteriors business to Compagnie Plastic Omnium.