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Sylvain Petit

Counsel

Sylvain advises clients on all aspects of European, French and Belgian competition law. 

Sylvain has a proven track record of assisting companies across industries in complex EU and French merger control proceedings. Drawing on his experience in high-profile international transactions, Sylvain guides clients to navigate complex multiple regulatory filing processes, including the new regulation on Foreign Subsidies.

Sylvain also frequently assists companies and public authorities in EU state aid investigations. He also brings valuable expertise in handling behavioral matters (anticompetitive agreement, abuse of dominance, private enforcement) at the European, French and Belgian levels. With a keen understanding of the regulatory landscape, Sylvain is dedicated to delivering strategic and pragmatic solutions tailored to his clients' needs.

Sylvain frequently speaks on EU law issues and has written on competition law and State aid topics in a number of leading legal publications.

Experience

Representative matters

  • ExxonMobil on the conditional phase II clearance from the Italian Competition Authority for the disposal of Exxon’s Italian downstream fuels business to Italiana Petroli (API).
  • CMA CGM on global merger control clearances for its acquisition of GEFCO. (previous firm experience).
  • Ardian on the Phase II investigation in front of the French Competition Authority for its acquisition of Société du Pipeline Rhône-Méditerranée, and subsequent appeal to the French Administrative Supreme Court. (previous firm experience).
  • Essilor in obtaining unconditional Phase II EC approval for its merger with Luxottica. (previous firm experience).
  • Air France in securing multi-billion euro aid packages from the French government, in successive steps, in the context of the Covid-19 crisis. (previous firm experience).
Merger control:
  • ExxonMobil on the conditional phase II clearance from the Italian Competition Authority for the disposal of Exxon’s Italian downstream fuels business to Italiana Petroli (API).
  • Abu Dhabi National Oil Company (ADNOC) on the merger control and FDI aspects of the acquisition of Mubadala’s 24.9% controlling stake in OMV.
  • CMA CGM on global merger control clearances for its acquisition of GEFCO. (previous firm experience).
  • Ardian in respect of the Phase II investigation in front of the French Competition Authority for its acquisition of Société du Pipeline Rhône-Méditerranée, and subsequent appeal to the French Administrative Supreme Court. (previous firm experience).
  • Caisse des Dépôts et Consignations in respect of global merger control clearances for its fiber network joint venture with Orange and EDF. (previous firm experience).
  • CMA CGM on global merger control clearances for its acquisition of CEVA Logistics. (previous firm experience).
  • CMA CGM on global merger control clearances for its acquisition of short-sea specialists Containerships and OPDR. (previous firm experience).
  • Essilor in obtaining unconditional Phase II EC approval for its merger with Luxottica. (previous firm experience).
  • Orange in respect of global merger control clearance for the setting of its procurement joint venture with Deutsche Telekom. (previous firm experience).
  • CMA CGM in obtaining conditional Phase I EC clearance for its acquisition of NOL. (previous firm experience).
Antitrust Investigations and Litigation:
  • Orange before the Paris Court of Appeals and French Court of Cassation in various damage claims. (previous firm experience).
  • CMA CGM in investigations with respect to alleged anticompetitive practices (price signaling). (previous firm experience).
  • Credit Mutuel in its challenge of the French Competition Authority decision fining 11 banks for having colluded during the transition to a new digital system for processing checks. (previous firm experience).
  • EDF in an antitrust investigation by the French Competition Authority in connection with solar energy. (previous firm experience).
  • CMA CGM in an antitrust investigation related to freight transport services between Europe and the French West Indies. (previous firm experience).
State aid:
  • Air France in securing multi-billion euro aid packages from the French government, in successive steps, in the context of the Covid-19 crisis. (previous firm experience).
  • CCR in successfully defending the compatibility of the unlimited State guarantee against SCOR. (previous firm experience).

Published Work

  • Petit. S, (2023), “Responsabilité de l'entreprise en droit de la concurrence: état des lieux et développements récents”, Gouvernance et Responsabilité, Mélange à la mémoire de Didier Willermain, Larcier
  • Petit. S, Co-author, (2020), “Abuse of Dominant Position” Lamy Droit Economique, Wolters Kluwer
  • Petit. S, (2019), “The ECJ clarifies the concept of "existing aid" in a private enforcement case”, Concurrences Bulletin
  • Petit. S, Co-author, (2018), “The ENEA Judgment: A Formalistic Interpretation of Transfer of State Resources”, European State Aid Law Quarterly
  • Petit. S, Co-author, (2017), “Tax Rulings and State Aid Qualification: Should Reality Matter?”, European State Aid Law Quarterly
  • Petit. S, Co-author, (2017), “Bury them deep: the Court of Justice annuls the Autogrill and Banco Santander judgments of the General Court”, European State Aid Law Quarterly
  • Petit. S, Co-author, (2017), “The French Pension Case: The defense based on Compensation of Structural Disadvantage Consigned to Oblivion”, European State Aid Law Quarterly
  • Petit. S, Co-author, (2016), “Public Sales of Land in State Aid Law”, European State Aid Law Quarterly
  • Petit. S, Co-author, (2015), “Spanish Fiscal Aid Cases: the Good, the Bad and the Unclear”, European State Aid Law Quarterly

Speaking Engagements

  • Speaker, Antitrust Assessment of Sustainability Agreements, January 2024
  • Speaker, Concurrence et emploi, November 2023

Leadership Positions And Professional Affiliations

  • Member of the board of directors of L’Entente (asbl), an association of French speaking professionals working in antitrust based in Brussels

Recognition

Known for 'taking on complex merger control work'
Legal 500 France, 2023

Awards

  • “Key Lawyer”, Legal 500 France, 2023

Qualifications

Admissions

Advocaat, Belgium, 2015

Academic

L.L. B., Bachelor of Laws, Université Catholique de Louvain, 2011

L.L. M., Master of Laws, Université Catholique de Louvain, 2013

L.L. M., Master of Laws, London School of Economics, 2014

Languages

French English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.