Lionel Lesur

Lionel Lesur

McDermott Will & Emery

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Latest Publications


First Class Actions introduced in France by consumer associations (French version)

Depuis l’entrée en vigueur le 1er octobre 2014 des dispositions de la loi Hamon introduisant une action de groupe en droit français, plusieurs actions ont déjà été initiées témoignant d’un vif intérêt des associations de...more

1/31/2015 - Class Action Consumer Protection Associations France Landlords Tenants

The EU Directive on Antitrust Damages Actions

In This Issue: - Proof of the Competition Law Infringement - Measure of Damages and the “Passing-On” Defence - Disclosure of Evidence - Limitation Periods - Joint and Several Liability and Contributions...more

1/6/2015 - Antitrust Litigation Dispute Resolution EU Private Competition Damages

New EU Competition Commissioner’s Priorities For 2014-2019: Hearing Before The European Parliament

Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next EU Competition Commissioner in November 2014. The EU Competition Commissioner is a powerful figure in Europe, as witnessed by the...more

10/3/2014 - Antitrust Investigations Cartels Competition Authorities EU

New EU Competition Commissioner Magrethe Vestager to Take Office in November, Pending Approval

In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from Denmark will replace Joaquin...more

9/11/2014 - Administrative Appointments EU European Commission Political Appointments

Recent Court Cases Highlight the Difficult Questions Related to Medically Assisted Procreation in France

Law No.2013-404 dated May 17, 2013, (the Law) allowed same-sex couples to get married and to adopt children, through either the mutual adoption of a child or the adoption of the same-sex spouse’s biological or adopted child....more

8/12/2014 - EU Same-Sex Marriage

Focus on Private Equity - July 2014

In This Issue: - Latin American Private Equity on the Rise - Tax Considerations When Acquiring Non-U.S. Portfolio Companies—Mitigating Subpart F Inclusions - Private Equity Funds at Higher Risk of...more

7/18/2014 - Antitrust Investigations International Tax Issues Latin America Private Equity Subpart F

Commission Publishes White Paper on Minority Shareholdings

Under the current Council Regulation (EC) No 139/2004 (the Merger Regulation), the Commission is only able to review transactions that lead to a change of control. The Commission also has the power to review existing minority...more

7/15/2014 - Acquisitions Change in Control European Commission Minority Shareholders Shareholders TFEU

Limitation Periods for Antitrust Damages Actions in The European Union

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of...more

7/2/2014 - Antitrust Litigation EU EU Directive Statute of Limitations

New EU Consumer Contracts Legislation Comes Into Force on 13 June 2014: E-Commerce Businesses Should Review Terms and Conditions...

The new Directive No 2011/83/EU sets out a European framework for the minimum standards with which e-commerce businesses active in the EEA must comply when trading with consumers. The new laws apply to most distance selling...more

6/9/2014 - E-Commerce EEA EU Terms and Conditions

The Case of Ophthalmic Drugs in Italy and France: A Lesson to Learn - Parallel Antitrust Investigations and Cooperation Between...

The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the cooperation that takes place between national competition authorities....more

5/8/2014 - Antitrust Investigations Audits Competition Compliance EU Pharmaceutical Industry Prescription Drugs

Commission Holds Goldman Sachs Liable for Former Portfolio Company’s Antitrust Infringement

In its decision of 2 April 2014 in relation to the underground and submarine high voltage power cables cartel case, the European Commission (Commission) held the parent companies of the producers involved liable, on the basis...more

4/7/2014 - Antitrust Litigation Antitrust Provisions Fraud Goldman Sachs

European Commission Adopts Revised Competition Regime for Technology Transfer Agreements

On 21 March 2014, the European Commission (Commission) adopted a revised set of rules for the assessment of technology transfer agreements by the Commission and national competition authorities. The new Technology Transfer...more

3/24/2014 - Competition EU European Commission License Agreements Technology Technology Transfer Agreements

France Finally Embraces Class Actions

France is one of the last western European countries to introduce a class action system. After decades of debates, two failed attempts by both left wing and right wing Parliament majorities, nine months of legislative...more

2/27/2014 - Class Action EU

EU Commission published proposals for private antitrust litigation

On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a...more

6/12/2013 - Cartels Collective Actions Damages EU European Commission Joint and Several Liability Leniency Documents Statute of Limitations

France Allows Same-Sex Marriages

On 23 April 2013, the French Parliament gave final approval to a bill allowing same-sex couples to get married and adopt children. This makes France the 14th country in the world to legalize marriage between same-sex...more


Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter...more

2/12/2013 - Automotive Industry Distributors EU European Court of Justice (ECJ) Exclusive Territory Jaguar

European Competition Network Revises the Model Leniency Programme

The network of European antitrust regulators, the European Competition Network, has revised its model leniency programme for cartels. Major changes include a broader scope for summary applications when applying for leniency...more

12/21/2012 - Cartels Competition EU Leniency Programs

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more


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