Yann Utzschneider | White & Case LLP International Law Firm, Global Law Practice

Yann Utzschneider

Partner, Paris

T +33 1 55 04 17 10

E [email protected]

Yann Utzschneider is “very responsive to clients’ needs [and] has particular experience of the healthcare and consumer goods sectors.”

Chambers Europe, 2015

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.

Bars and Courts

  • Paris Bar

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

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.

Advising Casino on the creation with Auchan of a central purchasing agency for food and non-food products.

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).*

Representing Intermarché in alleged anti-competitive practices in the toy sector. We obtained the dismissal of the objections.*

Representing a major manufacturer in the Nespresso case before the French Competition Authority. Nespresso decided to take commitments.*

Representing a leading French cosmetics company in a litigation case against another multinational cosmetics company on IP and distribution issues. The client obtained the cancellation of the adverse party's trademark and of its conviction for misleading advertising.*

*Experience prior to joining White & Case in 2016.

Speaking Engagements

"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

Publications

  • 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)

Awards & Recognition

Leading Lawyer, Chambers Europe, 2017

Competition/European Law – France

Recommended Lawyer, The Legal 500 EMEA, 2017

EU competition and distribution – France

Chambers Europe, 2017

Yann Utzschneider is "strong and a good addition to the team."

Chambers Europe, 2016

Yann Utzschneider is "an active player in antitrust and commercial litigation", "noted for his expertise on notification of concentration and consumer protection matters"

Who's Who Legal, Competition, 2016

Yann Utzschneider is "practical and commercially sensitive in his approach"

Chambers Europe, 2015

Yann Utzschneider is complimented by interviewees for being "very responsive to clients' needs." He has particular experience of the healthcare and consumer goods sectors.

The Legal 500 EMEA, 2015

Yann Utzschneider has "excellent contacts with the authorities"