Anouk Clamens
Biography
Overview
Anouk Clamens is a partner in the Competition, EU Law and Economic Regulation practice of White & Case in Paris.
Anouk represents and assists international and French clients in relation to anti-competitive practices, competition restrictive practices, commercial litigation, EU law, distribution law, consumer law and merger control.
She has a particular expertise in the technology sector – with a focus on the DMA regulations - but also in the retail and fast-moving consumer goods sectors.
Anouk has an extensive expertise in risk assessments of potential antitrust and competition restrictive practices liabilities and in supervising production of damages-related economics reports before the courts and authorities.
She recently has taken on key roles in strategic judiciary disputes with ramifications before the State Council and the Constitutional Council, investigation of the French Competition Authority into potential retail price maintenance practices and investigations of the French Minister of the Economy into potential competition restrictive practices in the retail sector and into potential misleading and aggressive business-to-consumer practices. She also advises companies on the potential incompatibility of various national law provisions with the EU fundamental freedoms of the internal market.
Before joining White & Case in 2016, Anouk worked in the Paris office of a major French law firm.
Experience
Representation of a major US company in relation of distribution law and competition restrictive practices.
Representation of a leading manufacturer in relation to a complex antitrust proceeding before the French Competition Authority, resulting in a fine reduction of 70-80 percent for a leniency application following a dawn raid.
Representation of a leading manufacturer in a vertical restraints/online investigation before the French Competition Authority.
Representation of a leading French cosmetics company in an appeal procedure before the Paris Court of appeal against a decision of the French Competition Authority.*
Advising a leading social media provider regarding antitrust and competition restrictive practices related disputes.
Assisted the business executives of a major French retailer for their hearing before a French parliamentary investigation committee of inquiry.
Successful representation of a leading manufacturer in many unfair competition and parasitic cases, disparagement cases as well as for false advertising, imitation of products, slogans, communication materials and advertising campaigns.
Successful representation of French optical equipment retail network franchisor ATOL in an unfair competition case initiated by a competing European optical equipment retail network (Optical Center) for over EUR 13 millions on the ground of alleged unfair competition acts (fraud). In 2021, the French Supreme Court confirmed the full dismissal of Optical Center's claims against ATOL and paved the way for the potential grant of damages to ATOL in consideration of its disparagement.
Assisted a major French retailer on the creation of an international joint company to create a purchasing alliance with a global reach.
Assisted clients in merger notification processes in various jurisdictions.
Representation of a cartel member fined by the European Commission in a follow-on damages claim brought before the French courts by a French food group, leading to a settlement.*
*Experience prior to joining White & Case in 2016.
Co-author of a recurrent newsletter on French competition law news for a major US company.
Co-author " Le nouveau pouvoir de la DGCCRF de prononcer et de liquider des astreintes : une révolution en forme de régression (The DGCCRF's new power to impose and liquidate penalty payments: a revolution in the form of a regression) ", Revue Concurrences n°1, 2021
Co-author, with Yann Utzschneider of the article " La loi DDADUE : Simple adaptation ou réforme du droit français de la concurrence ? (The DDADUE Act: Simple adaptation or reform of French competition law?)", Revue Concurrences, February 2021
'Associate Anouk Clamens is a talented lawyer, precise and extremely quick on the uptake.' Legal 500 EMEA 2020, France, EU Competition & Distribution
