Victory for Hertz Before French Antitrust Authority
Global law firm White & Case LLP has successfully represented Hertz in a proceeding with Avis and Europcar, leading the French Competition Authority to issue a dismissal decision.
Back in 2009, the French Competition Authority's investigation services had initiated proceedings alleging that several car rental companies, including Hertz, had violated competition law by exchanging confidential information in 12 French airports. The Authority's investigation services also alleged that Hertz had engaged with two other international car rental companies in a concerted practice relating to train station surcharge.
In its decision dated 27 February 2017, the French Competition Authority's decisional body took into account Avis, Europcar and Hertz's arguments in defence and found that, with respect to the first objection, because of the nature of the car rental market at airports, the exchange of data did not impede competition by revealing the commercial strategies of competitors. With respect to the second objection, the French Competition Authority's decisional body said there was not sufficient evidence to demonstrate the existence of an agreed strategy related to the implementation of an additional train station surcharge.
It is relatively rare to obtain full dismissal of two objections before the French Competition Authority.
The White & Case team in Paris which advised on the transaction was led by partner Yann Utzschneider with support from counsel Mickaël Rivollier and Juliette Goyer, and associates Estelle Jégou, Emily Xueref-Poviac and Laetitia Ghebali.
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