Yann Utzschneider
Biography
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 and advertising, 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 Board Member 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.
Before joining White & Case in 2016, Yann was a partner in the Paris office of a major French law firm where he worked for more than 20 years.
Experience
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 BSH in an on-going procedure before the French competition authority relating to alleged vertical restrictions in the household appliances sector.
Representing 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.
Handling a multi-jurisdictional antitrust audit for a major US firm.
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).
Representing clients on major claim issues for follow-on before the Commercial Courts of Paris and Lyon.
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.
Advising a major French organisation and obtaining the full cancellation by the Cour de cassation of the investigation (dawn raids). Further to this cancellation, the French competition authority decided to drop all of its charges.*
Representing a major French distributor which filed a complaint against a major manufacturer before the French Competition Authority as regard the abuse of its dominant position (price discrimination, dual pricing).*
*Experience prior to joining White & Case in 2016.
"Competition law: how lawyers accompany GCs in connection with internal investigations, relating to financial, legal and communication aspects", November 2016: Carré Live LJA
"Interim measures in competition law: towards a more frequent use?", October 2015: Competition Law Association
"Decoding the most important provisions of the Macron Act", September 2015: Gide
"Procedure and competition seminar: The French class action", March 2014: Concurrences review
"The link between the advisory function of the French Competition Authority and its litigation activity", July 2013: Concurrences review
"Distribution In France and Europe: competition questions", February 2013: Versailles University
Co-authored two chapters of the Lamy droit économique 2018 textbook relating to the French Merger Control
Contributor since 1995 to the France chapter of the European Competition Law Review (ECLR)
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)
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 "Leading lawyer" (Band 2) by Chambers Europe 2023 for Competition/European law in France
"Yann Utzschneider has very good knowledge of the distribution and competition landscape. He is able to balance legal aspects with practical constraints of the business, looking around corners to find practical solutions."
"He is not only a highly accomplished lawyer but also an outstanding and powerful public speaker."
"Yann Utzschneider thinks outside of the box and is a great litigator. He comes up with ideas that nobody could have thought of."
Recommended lawyer by Who's Who Legal: Competition 2022
