Faustine Viala

National Partner

Paris
Willkie Farr & Gallagher LLP
21-23 rue de la Ville l'Evêque
75008 Paris
T +33 1 53 43 4597
F +33 1 40 06 9606
fvialawillkie.com

Faustine Viala is a national partner in the Antitrust and Competition Practice Group. Faustine has experience in European and French competition law. Her main areas of practice encompass merger control, anticompetitive practices (anticompetitive agreements and abuse of dominant position) and distribution law. Faustine advises French and international companies mainly active in the fields of media, sports, chemical industry, aeronautic, cosmetics and telecoms, focusing both on counseling and litigation.

A native French speaker, Faustine is also fluent in English.

Litigation Before Competition Authorities
Faustine regularly advises clients in restrictive arrangements and monopolization cases before European and French competition authorities.

Merger Control
Faustine also has significant experience in handling complex merger control cases before European and French antitrust agencies and in coordinating multijurisdictional filings.

Compliance Program
Faustine further focuses on compliance aspects tailor-made for the relevant industry, including the implementation of antitrust and anti-corruption compliance programs.

Distribution Law
Faustine has significant experience in French distribution law (general terms and conditions, distribution agreements, commercial agent agreement etc.) and regularly assists French and international clients in the drafting of their distribution agreements or in an ex-post analysis of such distribution agreements in the context of an acquisition for instance.

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Highlights

Faustine Viala is a national partner in the Antitrust and Competition Practice Group. Faustine has experience in European and French competition law. Her main areas of practice encompass merger control, anticompetitive practices (anticompetitive agreements and abuse of dominant position) and distribution law. Faustine advises French and international companies mainly active in the fields of media, sports, chemical industry, aeronautic, cosmetics and telecoms, focusing both on counseling and litigation.

A native French speaker, Faustine is also fluent in English.

Selected Significant Matters

Faustine has advised:

Litigation Before Competition Authorities

  • Essilor in relation to a dawn raid by French competition authorities for alleged abuse of dominant position and collusion aiming at refusing to sell optics to internet players
  • France Telecom/Orange in an abuse of dominant position matter brought by Internet transit provider Cogent before the Paris Court of Appeal, which rejected all of Cogent’s claims
  • France Telecom/Orange before the French Competition Authority against Outremer Télécom for an alleged cartel and abuse of dominant position case and obtained victory
  • Reed Midem (Reed Elsevier group) in different matters before French courts, notably in the context of unfair competition actions, and obtained victory
  • Sportfive (Lagardère group) before the French Competition Authority in the context of an alleged cartel and abuse of dominant position case
  • Disney before the French Competition Authority in the context of an alleged cartel case
  • Amaury Group in a case relating to alleged abuse of dominant position against a new entrant before the French Competition Authority and obtained victory before the Court of Appeal, which quashed the French Antitrust Authority’s decision to inspect Amaury’s Group premises

Merger Control

  • Arkema with regards to the acquisition of the whole adhesives business of Total SA (Bostik France)
  • Thales as an interested third party before the European Commission in the context of the Airbus/Safran joint venture
  • Thales with regards to the acquisition of Connect in the United States
  • Arkema in its acquisition of the photocures and coatings businesses of Total’s resin division.
  • France Telecom Orange in its procurement joint venture with Deutsche Telekom
  • Lagardère, its subsidiary Aélia and Aéroports de Lyon in their joint venture process
  • Perstorp in its joint venture with PTT Global Chemical
  • PAI partners in the €1.6 billion sale of its interests in Yoplait to General Mills
  • Gaz de France in its $159 billion merger with Suez (handled merger review process before the European Commission and coordinated numerous merger review filings throughout the world)

Prior Experience

Prior to joining Willkie in 2006, Faustine was an associate at Freshfields Bruckhaus Deringer in Paris.

In 2005, she completed a six-month secondment within the legal department of Michelin. Faustine also completed a nine-month secondment in the antitrust team of Willkie’s New York office.

Selected Publications and Lectures

Faustine has published numerous articles on competition and distribution law and more recently:

  • Nouveau contrôle des concentrations transfrontalières: les recommandations de l'Autorité de la concurrence française (Magazine des Affaires)
  • Nouvelle Etape dans l’atteinte au secret de l’instruction (Les Echos)
  • La notion de déséquilibre significatif, à ne pas négliger dans la rédaction des contrats de distribution (Option Droit et Affaires)