Yann Utzschneider

Partner, Paris

Biography

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 and Recognition

Leading Lawyer (Band 2), Competition/European Law, Chambers Europe 2019
"Yann Utzschneider's breadth of expertise covers merger control and cartel proceedings as well as litigation and abuse of dominance matters. He also demonstrates a strong grasp on high-profile antitrust investigations"

Recommended Lawyer, EU competition and distribution, The Legal 500 EMEA 2018