On April 13, 2017 in Janssen Cilag S.A.S v. France, the European Court of Human Rights (the “Court”) confirmed the validity of search and seizure operations carried out by the French Competition Authority at Janssen Cilag’s company premises. In keeping with its findings in Vinci Construction and GTM Génie Civile et Services v. France,  the Court considered that the broad and indiscriminate seizure by the FCA amounted to interference with the rights guaranteed by Article 8 of the European Convention of Human Rights (the “Convention”), but that the interference was while pursuing a legitimate aim and therefore “in accordance with the law.”
Lise possesses a deep knowledge of domestic and multi-jurisdictional merger control notifications, advising industrial French and international corporations. Her State aid expertise covers high profile cases, notably in the context of corporate restructurings. Lise has also developed significant litigation expertise in complex cartel cases, including negotiated proceedings settlement, in particular with the European Commission; in this field, she has assisted a major foreign company in the first cartel settlement procedure before the European Commission. She has also defended industrial and technology companies in cases relating to individual and collective abuses of dominant position, before the French Competition Authority and national courts.
Her compliance practice includes compliance programs as well as cross-border commercial matters (European import-export and technical regulations).
Lise is one of the founding members of the Paris Bar Incubator created in 2014 and a member of the Entrepreneurial Bar Commission of the Paris Bar.
Prior to joining Orrick, Lise began her career
at Latham & Watkins where she was an intern and
then an associate in the Brussels and Paris offices.
Posts by: Lise Damelet
On November 8, 2016, the French Competition Authority (“FCA”) imposed the highest “gun-jumping” national and worldwide fine ever, €80 million, on Altice-Numericable, a major French telecommunications operator, in relation to its 2014 acquisitions of SFR (“Société Française du Radiotéléphone”) and OTL (“Omer Telecom Limited”).
“This is a world first decision when considering the amount of the sanction and the seriousness of the circumstances,” commented Isabelle de Silva, the President of the FCA since last October.
Businesses often wonder how competition authorities pick and choose the cases they decide to bring. Companies with operations in Europe now have some guidance as a result of a recent speech by European Competition Commissioner Margrethe Vestager, in which she outlined how the Commission prioritizes its enforcement efforts.
Commissioner Vestager explained that the Commission uses three main criteria in prioritizing which cases to pursue. Not every case needs to satisfy all three criteria, but the Commission tries to keep these three objectives in mind in determining whether to pursue an enforcement action.