HBSS France enables large-scale and complex legal actions involving antitrust and competition, especially in the areas of technology, platform economy, EU regulation data and consumer protection. HBSS France’s team is comprised of attorneys with cutting-edge technical expertise in competition law, mastering French and European procedural law, and distinguished by their involvement in the economy of online cultural content creation and the development of cutting-edge technologies, leading cases against some of the world's largest companies.
ANTITRUST/COMPETITION LITIGATION
Tackling antitrust cases requires a deep understanding of the impacted business and its consumers, as well as the technological and legal challenges our clients face. Leveraging a thorough understanding of the evolving business landscape combined with a strategic approach allows us to employ groundbreaking market theories that shed light on abusive, restrictive and anti-competitive practices in violation of both antitrust and unfair competition laws. We work to level the playing field through antitrust litigation where relevant and preserve healthy competition and fair trade in the marketplace by protecting businesses and consumers that provide or purchase goods and services from price-fixing, market allocation agreements, abuse of dominance schemes and other violations of antitrust law and trade restraints. Our antitrust legal team takes an innovative, efficient approach to antitrust law and tries each case with unmatched determination and skill.
Notable cases include:
- Joint complaint of French publishers, ad tech providers and media agencies against Apple AppTrackingTransparency (ATT) before the French Competition Authority
- Complaint of French publishers against Apple’s App Store restrictions before the French Competition Authority
- Largest damage claim ever filed in Europe against Google before French Courts on behalf of French publishers
- Complaint against a French platform providing services to notaries before the French Competition Authority
- Litigation for a publisher against a platform in relation to online press distribution before French courts and the French Competition Authority
DIGITAL MARKETS REGULATIONS (DMA, DSA, AI, DATA, DATA GOVERNANCE ACTS)
We provide legal representation to publishers, ad tech companies and advertisers in navigating and implementing the EU Digital Markets Act (DMA). Having been involved from the early stages of this key piece of digital regulation, we have also actively contributed to international discussions on the regulation of digital markets, including emerging issues such as Generative AI. In France, we are at the forefront of implementing the Digital Markets Act, leveraging our extensive experience in addressing imbalances between digital platforms and other market participants. We offer strategic advice and litigation representation to companies and trade associations with regard to competitive and regulatory challenges within the evolving digital landscape.
Notable cases include:
- Assisting and representing publishers and trade associations in relation to DMA implementation before national and European authorities
MERGER TRANSACTION CONTROL
We handle both French and European merger control proceedings, offering comprehensive advice throughout all stages of the transactional process, in cooperation with corporate teams. We identify and manage all required merger control filings and, where necessary, cooperate with local law firms for jurisdictions outside the European Union to obtain clearance. We have successfully guided clients through various merger reviews at the French and EU levels, with a proven track record across a wide range of industries including IT, recycling, food, banking and finance and real estate. We advise private equity firms, investment funds and institutional and industrial organizations, ensuring regulatory compliance.
COMMERCIAL LITIGATION & COMPLEX CONTRACT NEGOTIATIONS
HBSS France is regularly engaged in high-stakes litigation involving unfair commercial and restrictive business practices, providing strategic counsel and representation to protect our clients' interests. Leveraging our deep understanding of French commercial regulations and procedures, we ensure clients navigate disputes with clarity and intention, safeguarding their business operations while ensuring compliance with relevant laws.
Notable cases include:
- Production of audiovisual content, licensing partnerships for sport competitions
- Contractual negotiations in the ad tech sector
- Complex international negotiations with platform service providers
EUROPEAN UNION STATE AID LAW COMPLIANCE
We advise clients on EU State aid law compliance, particularly in the context of investment schemes. This includes advising on distressed M&A transactions where public funds or guarantees are assisting in the assessment of State aid schemes. We also represent companies in litigation concerning unlawful State aids that distort competition, with a focus on innovative markets. Leveraging its deep knowledge of EU regulations, we work to protect our clients' competitive positions while navigating the complex landscape of State aid rules.
Notable cases include:
- Change of the French tax code in relation to a State aid granted to publicly funded innovative research companies vs. private research companies
ANTITRUST COMPLIANCE PROGRAMS
We offer assistance in antitrust compliance, designing comprehensive compliance programs tailored to the specific needs of clients. We conduct thorough audits of commercial and contractual practices to identify and mitigate potential antitrust risks. We develop compliance guidelines, particularly within the context of trade associations and specific-purpose contractual partnerships, ensuring that clients operate within the framework of EU competition law. With a proactive and strategic approach, we help clients maintain regulatory compliance and avoid potential antitrust infringements.
FOREIGN INVESTMENT TRANSACTIONS REPRESENTATION
We offer specialized legal advice and representation in matters of foreign investment, guiding clients through the complexities of cross-border transactions. We assist both foreign investors and domestic companies in navigating regulatory frameworks, including national security reviews and compliance with foreign direct investment (FDI) screening mechanisms. Our practice encompasses securing necessary approvals from regulatory authorities, and mitigating potential legal risks associated with international transactions.