1) Fréget Tasso de Panafieu is a Paris-based law firm specializing in competition law and regulatory issues. It was founded in 2014 by Olivier Fréget and Charlotte Tasso de Panafieu.
2) The firm promotes a new approach to competition law to assess the relevance of legal arguments in each case and work with economic consultants. It offers specialized, high value legal services and relies on modern technology and collaboration.
3) The firm's main fields of intervention are the implementation and challenge of sector regulations, private application of competition law, and control of concentrations. It has expertise in pharmaceuticals, electronic communication, energy, transport, and media.
1. 2 F R E G E T TA S S O D E PA N A F I E U A A R P I
FRÉGET
TA S S O
DE PANAFIEU
A V O C A T S
LAW OFFICE REGISTERED TO PARIS BAR
2. 2 F R E G E T TA S S O D E PA N A F I E U A A R P I
“The Firm’s reason for being is the practice of law
in support of competition on the merits. The legitimacy
of positions of privilege is questionable if handed
down from the past without merit. The Firm supports
those having acquired positions on the merits who seek
to reap the reward of past effort, despite intent
to deprive them thereof—from misplaced regulatory,
third party, political or other pressure. Advocacy is
a vocation for the Firm, vigilant and determined
to oppose excess of power whether of private or public
origin. Our approach is grounded in the deepest
respect for legal ethics and for the rights of the defence,
in a spirit of independence, supported
where necessary by the courage of conviction.”
Olivier Freget Charlotte Tasso de Panafieu
3. 3 F R E G E T TA S S O D E PA N A F I E U A A R P I
Paris-based law firm Fréget Tasso de Panafieu is
an independent law firm founded in May 2014 by
Olivier Fréget and Charlotte Tasso de Panafieu,
both specialists in Competition law and sector
regulations.
The Firm supports clients seeking to define and
implementstrategiesoflegalactionandinfluence
in all areas of competition law, both national and
European, before the courts, the competition
authorities (DG Competition, ADLC), sector
regulatory bodies (Arcep, CSA, CRE), and
before the administrative courts. Although
litigation is a fundamental concern, the Firm’s
lawyers, are also involved in the definition of
the regulatory dimension of business strategies
and in assessment of the feasibility of further
refinements of the regulatory framework.
The Firm also assists clients in risk management
by seeking to diffuse and promote a culture of
respect for and understanding of competition
on the merits. We assist them in the deployment
of IT tools and operating procedures that seek
to contain the risk of employee violation of
competition rules.
S P E C I A L I S T I N C O M P E T I T I O N L AW
A N D R E G U L ATO R Y I S S U E S
4. 4 F R E G E T TA S S O D E PA N A F I E U A A R P I
1 Promote a new approach
to competition law
In the last ten years, competition law has evolved
to such an extent that, like a river, it has burst
its banks to expand beyond initial containment
of cartels and abuse of dominant positions,
and authorisation procedures more generally
(concentrations, State aids). Competition law
irrigates many new fields of regulation, overturning
a number of legal and economic concepts which
are now sometimes out-dated.
The Firm’s approach is suited to these new
circumstances. We seek:
• To assess the relevance of legal arguments
to each particular case by means of
conceptual analysis, backed up a
comprehensive grasp of the regulatory
framework, so that the principles of
competition on the merits prevail,
including where necessary the assistance
from the wider academic and regulatory
environment (professors of Law, economic
experts and former representatives of
regulatory bodies);
• To work in partnership with consultants
in the industrial economic, communication
and business organisation fields to rely
on the precise identification of the levers
of legal action and on the assessment of
their compatibility with economic and
political goals, thereby promoting
negotiation with authorities, followed
when necessary by litigation.
T H R E E I N N OVAT I V E A P P R OAC H E S TOWA R D
CO L L A B O R AT I V E A N D O P E N WO R K I N G M E T H O D S
5. 5 F R E G E T TA S S O D E PA N A F I E U A A R P I
4 Communicate on a collaborative basis
and non proprietary technology platform
Far from seeking to move back to the single
law practitioner of the past, the Firm brings
expertise by mastering the most modern
information technology. The Firm was set up
with the most recent knowledge-sharing tools
to build an open platform. Client special needs
require technology and information sharing of a
quality rivalling that of the largest organisations.
As compared to larger organisations, these
tools are focussed on the clients’ needs and
not on our own. Rather than lock clients into a
proprietary system, we use their data as a shared
resource with them, and not for marketing our
services or as a platform to propose additional
legal services.
The Firm’s document management is open,
hosted in a secure cloud and implemented in a
protected infrastructure. The Firm’s Information
System is designed to be fully available to clients
on mission completion, or alternatively serve
for on-going collaboration between designated
experts. The Firm lays no claim to intellectual
property on work performed on behalf of any
of its clients.
2 Offer high added-value legal services,
and unbundle them from the more
standard ones
Larger corporate law firms boast integrated
services and lay emphasis on integrated cross-
services (covering labour relations, competi-
tion legislation, intellectual property and more).
They seek to cover the expense of their fixed
cost base and achieve necessary returns on
their own investments. But this approach is not
necessarily best suited to strategic and com-
plex issues, in which political, legal, communi-
cation and economic considerations are tightly
interconnected. These need the best available
expertise, which no law firm, however persua-
sive it may claim to be, can realistically have in-
house.
The Firm has established a network of partners
from which to select ad hoc teams to provide
targeted input and work productively with our
clients’ chosen specialists, if any. We work with
dedicated experts in intellectual property and
public law, particularly when sector regulations
are at issue, as well as with economic specia-
lists. We naturally work closely with the Coun-
sels already advising our Clients.
3 Rely on a fighting spirit
The expanded scope of competition law requires
Lawyers to return to fundamentals: preparation
of litigation for court hearings, seeking to
convince and if necessary negotiate with
stakeholders be they opponents, authorities
and government administrations by insisting on
the most rigorous interpretation of the law and
on the need -if necessary and at client request-
to defend causes before the courts.
6. 6 F R E G E T TA S S O D E PA N A F I E U A A R P I
Implementation and challenge
of sector regulations
A special feature of the Firm is our ability to
extend the scope of our action beyond issues
of competition law raised with the relevant
authorities or courts including both:
• to represent clients’ interests before
independent regulatory authorities
(ARCEP, CRE, CSA) in settlement or
sanction procedures, whichconsiderably
developed in the last few years,
• and to set up legal actions against
regulationsongroundsofincompatibility
with EU law, both before the
administrative courts (on grounds of
excess of power, interlocutory or
suspension proceedings, and before the
European Commission (on grounds of
State aids under Article 107 TFEU,
complaint for failure to act, or special or
exclusive rights under Article 106 TFEU).
Anti-competitive practices –
private application of competition law
OurLawFirmrepresentsitsclientsasdefendants
orplaintiffsinallcasesofunfairoranticompetitive
practices, cartel or abuse of dominant position
before the relevant competition authorities
or European Commission and before civil or
administrative courts both in France and in the
European Union (European Court of Justice and
Tribunal). The Firm’s lawyers have a track record
of support for new entrants to markets opening
to competition, and in private enforcement
before the courts, gaining compensations and
negotiated settlements worth tens of millions of
Euros.
Control of Concentrations
The Firm is involved in all issues of ex ante
controls, mainly in its sectors of predilection,
either as adviser to third parties or assessor of
project compatibility with regulations and in
drafting notifications. The Firm is also involved
in French domestic litigation before the French
Administrative Supreme Court and before the
European Court of Justice or General Court of
the EU when the legality of actions or operations
is tested under national or European law.
T H R E E M A I N F I E L D S
O F I N T E R V E N T I O N
7. 7 F R E G E T TA S S O D E PA N A F I E U A A R P I
All members of the Firm are deeply committed
to working for their clients as an integrated team
in a spirit of simplicity, openness and respect for
honesty in mutual relationships.
As a conviction-driven law firm, guided by
respect for the positions of clients, opponents,
the judicial process and the concerns of
regulatory authorities, its Partners and associates
value their independence as legal counsel. They
express their thinking with precision and without
arrogance, unfailingly taking into consideration
the legitimacy of counter-arguments from
whatsoever source.
The Partners’ decision to set up an independent
law firm was taken to assure clients support over
the longer term if they so wished and protect
them from opportunistic shifts in legal stance
by major national or international organisations.
The Firm’s clients know on whose behalf the
Firm works, fully anticipating potential conflicts
of interest. Clients can be certain the Firm will
act with constancy in defence of their interests,
a core value that is a pre-condition for effective
representation of clients’ best interests with
respect to the public authorities.
I N T E G R I T Y
A N D I N D E P E N D E N C E
G.FESSY@CJUE
9. 9 F R E G E T TA S S O D E PA N A F I E U A A R P I
Land and Air Transport
Both Partners have specific experience in
transport-related competition issues, be they
urban, rail or air. They have worked for private
and public sector actors and sector authorities
and associations, and have been involved,
among others, in the construction of major
high-speed rail links such as Paris-Brussels-
Amsterdam (Thalys) and Paris-London.
Their understanding of new technologies
combined with experience in the electronic
communication field has prompted their
involvement in regulatory matters both from
the standpoint of competition law (ticketing
and reservation systems, for example) and
of media-internet-device digital ecosystems
including related issues such as user lock-in
and the viability of open-source and open-
data solutions.
Media (TV, Radio, Press)
The Firm supports major media operators
on all issues of content, performing rights
agreements, distribution, technical integration
of platforms and solutions, as well as
relationships with competitors. The Firm is
counsel to a number of players in the visual
broadcasting field and has worked with private
radio broadcasters and press institutions.
10. 1 0 F R E G E T TA S S O D E PA N A F I E U A A R P I
Olivier Fréget
Widely acknowledged for his expertise and de-
tailed understanding of new technologies, Oli-
vier Fréget’s services are in particular demand
in the fields of telecommunications, energy, the
media and pharmaceuticals.
Before founding Fréget Tasso de Panafieu, Oli-
vier Fréget was a partner at Allen & Overy LLP
in Paris, in charge of the Competition and Eu-
ropean law department and jointly responsible
for the group’s global Competition Law depart-
ment between 2012 and 2013. He was previous-
ly a partner in charge of the Competition Law
and European Law department at law firm Bird
& Bird in Paris. He teaches competition law at
Institut d’Etudes Politiques de Paris.
Charlotte Tasso de Panafieu
A specialist in French and Community com-
petition law and regulatory matters, Charlotte
has developed deep expertise in the fields of
the media, telecommunications, energy and
pharmaceuticals. She is sought after for her
ability to handle complex and strategic issues,
by the competition authorities and by French
and European regulatory bodies.
Before establishing Freget Tasso de Panafieu,
she was a founding partner of law firm Lex-
Case and was responsible for the competition
department. After Stibble (now Latham &
Watkins) and Bird & Bird, she worked as legal
counsel from American Chemical group Du-
pont de Nemours.
T H E T E A M
11. 1 1 F R E G E T TA S S O D E PA N A F I E U A A R P I
Guillaume Dufey
Attorney at the Bar of
Paris.
Holder of a Master’s
degree in European
law from University
Paris 1 Pantheon-Sor-
bonne, and completed
an LLM from Queen Mary University of London.
He’s bilingual in English.
Katia Victorine
Privileged point of
contact for clients.
She is graduated
in English at the
University Paris XIII,
and has an advanced
vocational training
certificate (BTS) in English for executive
assistants and a degree in economic and social
administration from the University of Jussieu.
Chloé Le Duvéhat
Attorney at the Bar of
Paris.
Holder of a degree
in Business law and
Economics from the
University Paris II
Panthéon Assas.
Antoine Labaeye
Attorney at the Bar of
Paris.
Holder of a Master
degree in Business
law issued by the
University of Rennes
and a Postgraduate
Diploma (DJCE Degree). Also graduated from
the Queen Mary University of London (LL.M in
Competition Law. He’s bilingual in English).