Yann Utzschneider

Partner, Paris

Biography

“Yann Utzschneider has vast expertise in antitrust law matters and a sharp insight into the intricacies of the proceedings of the French Competition Authority. He is not only a highly accomplished lawyer, but also an outstanding and powerful public speaker. His contacts – with public officials, leading economists and with the academic world – are impressive and have been very helpful to our case.”
Legal 500 EMEA, 2023

Overview

Yann Utzschneider leads the Paris office's Competition, EU Law and Economic Regulation practice at White & Case.

Yann focuses on competition, distribution, consumer law, with extensive expertise in notification of concentrations, cartels, abuse of dominant position, major distribution and litigation. He is currently in charge of various EU and French cases relating to abuse of dominant positions and anti-competitive practices across a wide range of industry sectors, including banking, consumer goods and pharmaceuticals.

Yann's practice covers all aspects of competition and distribution law. He represents both French and international companies before European institutions as well as in the French courts.

Yann is a member of the Paris Bar Council Board, is General Secretary of the French Association for Competition Studies (AFEC), a member of the French Association of Competition Law Practitioners (APDC), and formerly a 'Secrétaire de la Conférence'. He is a lecturer in Competition law at Versailles - St Quentin University.

Bars and Courts
Paris
Education
Postgraduate degree in Management & Law
ESCP Europe
Master's degree in Political Sciences
Robert Schuman University
DEA (Postgraduate degree) in European and International Law
Robert Schuman University
Languages
French
English

Experience

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.

Speaking Engagements

Speaker, workshop "Business secrecy: What effectiveness?", Les Débats du Cercle, organized by the Cercle Montesquieu, April 2023

Speaker, alongside Diane Lamarche, Commercial Litigation Partner and Jean-Pierre Picca, White Collar Partner, in the Rencontre du 19 Place Vendôme on the following theme "ESG litigation – where are we?", March 2023

Speaker, alongside Diane Lamarche, Commercial Litigation Partner and Jean-Pierre Picca, White Collar Partner, presentation on "ESG litigation: Where are we?", for the members of the ANJB, May 2023

Speaker, presentation on "Competition and consumption survey management: What reflexes?", for the members of the ANJB, 2022

Speaker, training "Application of Competition Law in Banking" (Application du droit de la concurrence en matière bancaire), organised by Revue Banque, May 2019

Speaker, the LJA debate "Penalization of competition law: The discovery of a new procedural path" (Pénalisation du droit de la concurrence: la découverte d'une nouvelle voie procédurale), September 2019

"Competition law: how lawyers accompany GCs in connection with internal investigations, relating to financial, legal and communication aspects", November 2016: Carré Live LJA

Publications

Co-author, with Mickaël Rivollier, of a client alert " EU proposes Green Claims Directive to combat greenwashing ", April 2023

Co-author, with Jérémie Jourdan and Costanza Mussi of a client alert " The EU Court of Justice annuls the inspection decisions of the European Commission in the French supermarkets case ", March 2023

Co-author, with Jérémie Jourdan and Mickaël Rivollier of the publication " Global merger control: Navigating stormy seas - France Chapter ", May 2021

Co-author, with Anouk Clamens " La loi DDADUE : Simple adaptation ou réforme du droit français de la concurrence ? ", Revue Concurrences, February 2021

Co-author, with Mickaël Rivollier and Jean-Julien Lemonnier, of the publication " Merger Control (France Chapter) ", Lexology GTDT, January 2021

Interview " La Parole A… Yann Utzschneider, associé de White & Case ", L’AGEFI Hebdo, June 2020

Co-author, with Emilie Rogey and Bertrand Liard of a client alert " The French Competition Authority launches a public consultation on the competitive situation of payment activities as part of its "Fintech" sector study ", May 2020

Co-author, with Estelle Jegou of the article « La Cour de Cassation entérine l’interprétation restrictive de la notion de restriction de concurrence par objet ", Banque & Droit, May 2020

Co-author, with Orion Berg and Solène Eder of the article " Face au Covid-19, les règles sur les aides d’Etats s’assouplissent enfin ", Les Echos Executive, March 2020

Co-author, with Orion Berg, Kai Struckmann and Solène Eder of a Client Alert " La Commission adapte en urgence les règles en matière d’aides d’Etat pour faire face au COVID-19 ", March 2020

Co-authored two chapters of the Lamy droit économique 2018 textbook relating to the French Merger Control

La Commission peut rejeter une plainte au motif qu'une autorité nationale de concurrence traite déjà l'affaire, AJ Contrats d'affaires - Concurrence - Distribution (Dalloz), n°3, March 2015, p. 134-135

La rédaction des contrats d'affaires à l'épreuve du déséquilibre significatif : Quelles difficultés? Quels conseils?, AJ Contrats d'affaires - Concurrence - Distribution (Dalloz), n° 3, June 2014, p.113-116

Réparation du préjudice lié à une infraction au droit de la concurrence : la Cour de cassation accepte le "passing on defense", La lettre Omnidroit (Ed. Dalloz) - Newsletter n° 123, December 2010, (co-author)

Que penser d'une règle de protection contre les clauses abusives dans le Code de commerce?, Revue des contrats (L.G.D.J. lextenso éditions) RDC 2009/3, (co-author)

Awards and Recognition

Recognized as "Leading lawyer" (Band 2) by Chambers Europe 2024 for Competition/European law in France
"We appreciate that our comments and suggestions are always taken seriously, and feel that he is very closely and deeply involved in our matter and takes real interest and passionately defends our case."
"Yann Utzschneider has very good knowledge of the distribution and competition landscape. He is able to balance legal aspects with the practical constraints of the business, looking around corners to find practical solutions."
"He is reliable, responds to you all the time, makes sure all parties work alongside each other and can manage huge cases."
"Yann Utzschneider has agility and recognised expertise, allowing us to give him total confidence for high-profile files and always with high added value or stakes."

Recognized as "Leading individual" by Legal 500 EMEA 2023 for EU, Competition and Distribution in France
"Yann Utzschneider has vast expertise in antitrust law matters and a sharp insight into the intricacies of the proceedings of the French Competition Authority. He is not only a highly accomplished lawyer, but also an outstanding and powerful public speaker. His contacts – with public officials, leading economists and with the academic world – are impressive and have been very helpful to our case."

Recognized as "Thought Leader" by Who's Who Legal: Competition 2023 and 2024