Companies are facing increasing risks in relation to competition law and sectoral regulations. To help our clients address these growing challenges with the most efficient and pragmatic solutions, our team is composed of lawyers, economists and (former) authority and court representatives.
Our multidisciplinary team assists companies and represents them before the European Commission, the Belgian Competition Authority, the Belgian Regulatory Authorities, the EU and Belgian courts, as well as the competition or regulatory authorities of neighbouring countries, in matters related, among others, to EU/national antitrust, merger control, foreign subsidies, FDI, State aid and sectoral regulations. The team also coordinates multi-jurisdictional proceedings and merger filings with law firms active in other Member States and non-EU countries. Lastly, the team is specialised in complex EU and national litigation in regulated sectors such as energy (network codes and REMIT), transport and telecom (digital markets act and electronic communications code).
MERGER CONTROL
We assist our clients in multi-jurisdictional analyses, and we represent them before the European Commission and the Belgian Competition Authority in merger control cases (in case of notification or third-party intervention). In this respect, our team’s profound knowledge of economics allows us to assist our clients in preparing their notifications and in collecting all relevant data (be it in cooperation with the clients’ economic advisors or operational managers).
ANTITRUST
The team’s antitrust capabilities cover cartels, restrictive agreements, abuse of dominance and abuse of economic dependency. We assist our clients in ensuring that their projects are compliant as well as during sectoral or antitrust investigations initiated by the European Commission or the Belgian Competition Authority. Additionally, we have a considerable amount of experience in handling litigation relating to damage actions resulting from anti-competitive practices and regulatory infringements.
STATE AID
Our multidisciplinary team represents both public authorities and companies in State aid proceedings before the European Commission and national and EU courts. We use our profound knowledge of economics and sectoral approach to advise clients on all State aid aspects: submission of notification forms, drafting of complaints, answering complex information requests from the European Commission, the reduction of State aid-related risks and compatibility assessments of proposed aid schemes with EU State aid rules.
FOREIGN SUBSIDIES AND FOREIGN DIRECT INVESTMENTS (FDI)
We also assist our clients in multi-jurisdictional analyses related to foreign subsidies and direct investments, and we represent them before the European Commission or the Belgian Interfederal Screening Commission (ISC) in case of notification or request for ex officio investigations. In this respect, our team’s expertise allows us to assist our clients in preparing their notifications and in collecting all relevant data and to defend them in case of a litigation before a court.
DISTINGUISHABLE FEATURES
Cooperation with authorities and litigation
Based on our long-standing experience, we have built a strong relationship with competition authorities and regulators, both at national and EU level. We have also gained in-depth expertise in litigation (all our lawyers regularly plead before EU and national judges). Moreover, two members of our team have previous professional experience at the European Court of Justice.
Economics
Our team includes two lawyers, who also have a degree in economics and who are responsible for the economic approach in our files. This multidisciplinary approach and synergy between both lawyers and economists within the team is unique in the market. It enables us to conduct economic analyses while guaranteeing the confidentiality of the case as well as its LPP protection. It also facilitates the selection of economic consultants and the coordination and cooperation with them on specific files. The client’s operational staff (engineers or economists) can be put in direct contact with the team when their input is required.
Sector focus
With team members having worked and been involved in some specific industries, we also have an in-depth understanding of highly regulated sectors such as energy (network codes and REMIT), financial services, insurance, retail, telecom (digital markets act and electronic communications code) and transport (air, automotive and rail). This enables us to fully understand our client’s business and provide them with relevant advice. We also act in relation to decisions adopted by regulatory bodies. Lastly, we regularly act before the Board of Appeal of EU agencies, such as the European Union Agency for the Cooperation of Energy Regulators (ACER).
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