Belgium > Competition
Index of tables
Competition
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Leading individuals
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- Simon Baxter Skadden, Arps, Slate, Meagher & Flom LLP
- Jean-François Bellis Van Bael & Bellis
- David Broomhall Freshfields Bruckhaus Deringer
- John Davies Freshfields Bruckhaus Deringer
- Jacques Derenne Hogan Lovells International LLP
- Ian Forrester QC White & Case LLP Avocats Advocaten
- Stephen Kinsella Sidley Austin LLP
- Nicholas Levy Cleary Gottlieb Steen & Hamilton LLP
- Craig Pouncey Herbert Smith LLP
- Tony Reeves Clifford Chance
- Michael Reynolds Allen & Overy
- Howard Rosenblatt Latham & Watkins LLP
- Romano Subiotto QC Cleary Gottlieb Steen & Hamilton LLP
- Gerwin Van Gerven Linklaters
Cleary Gottlieb Steen & Hamilton LLP’s thirteen-partner practice offers ‘very hands-on practical advice in extremely difficult situations’; junior associates are praised for ‘excellent technical legal skills’, overall, the team delivers a ‘consistent top-end service with a creative approach, year after year’. Partners singled out include Antoine Winckler (‘gets back to you quickly’), Nicholas Levy (‘good to deal with’), Romano Subiotto QC (‘second to none and very pleasant’), and Enrique González Diaz (‘works as if he were one of us, with incredible knowledge of how the Commission works’). Highlights included work for Hynix in relation to the DRAM sector inquiry, the Commission’s first cartel settlement decision. It also acted for Real Networks, ECIS, and SIIA in sequential abuse of dominance litigation against Microsoft, leading to a successful settlement, and represents NewsCorp in its bid to gain control of all of BSkyB, plus saw the agreed settlement of the Qualcomm litigation for Nokia, TI and Broadcomm.
‘When it comes to big ticket matters, you want it by your side’, say users of ‘mega-practice’ Freshfields Bruckhaus Deringer’s Brussels office, with its ‘vast international coverage’. Whether involved in the state aid implications of almost all Germany’s state-backed bank restructurings, or assisting NEC with the first application of the cartel settlement procedure, whilst smoothly handling numerous other detailed investigations from air cargo to removals, it has the ‘creativity to explain why our conduct is good for consumers and doesn’t restrain competition’. $2.7bn and $3.2bn merger control filings for 3Com and Continental Airlines impressed. John Davies is ‘one of the world’s leading competition lawyers’, and joint global leader of the competition law practice. Office managing partner David Broomhall is ‘dedicated, patient, pragmatic- nothing is too much trouble’. Thomas Wessely ‘thinks very strategically, several moves ahead’; Onno Brouwer ‘works easily with in-house lawyers’. Laurent Garzaniti is a ‘top talent’. Frank Montag is also recommended. Rachel Brandenburger left to join the US Department of Justice.
Linklaters has ‘a highly respected and competent antitrust practice’; the slimmer team is ‘commercially and strategically minded, with an eye for detail as well as the “big picture”’. Bernd Meyring’s cartel work shows he is ‘on top of both current developments and past precedents’; Gerwin Van Gerven ‘is recommended for merger control’ and Wolfgang Deselaers ‘is extremely experienced’. Recognised as an adviser by bigger blue-chip multinationals, its new clients include LG, Michelin, Novartis and Vattenfall. Merger control work included Rio Tinto’s EU and global clearances for an $116bn iron ore joint venture, and domestic law approval for Mobistar’s purchase of KPN’s B2B activities, Belgium’s only remedies case in 2010. It assisted Saint-Gobain and Del Monte in appeals against fines imposed as a result of the automotive glass and bananas cartels. Belgian bank-related state aid advice also remains a high-stakes highlight, where it advised Fortis, Hypo Real Estate and KBC.
Skadden, Arps, Slate, Meagher & Flom LLP achieved a coup in hiring Simon Baxter from Clifford Chance; he has ‘superb knowledge of competition law, is practical and business-oriented’, and a ‘keen sense of how firms make pricing and output decisions’. The firm ‘delivers an excellent service’, whilst office head James Venit ‘has dealt with many difficult cases’. It represents Intel in its appeal before the General Court, following a €1.06bn fine by the European Commission. It led a successful appeal by GlaxoSmithKline before the General Court making new law on Article 101, relevant to pricing policy in the pharma sector. Frederic Depoortere handled a sequence of impressive mergers, none more so than in Nokia’s $1.2bn acquisition of Motorola’s wireless network. Barry Hawk returned to a senior role in US academia.
Accolades abound for Jean-François Bellis’s work at Van Bael & Bellis; he is ‘an extraordinary professional’ whose ‘extensive qualifications are enriched with phenomenal experience’; the ‘leader of the EU competition bar’, given his extensive ECJ work. Andrzej Kmiecik has ‘very good and detailed knowledge’; Porter Elliott ‘seamlessly works in a way that American clients relate to’; Fabrizio Di Gianni ‘synthesizes facts with current trends in EU antitrust law’. Clients say ‘it is difficult to find reasons not to instruct’ the firm. Highlights included leading Microsoft’s appeal against a €899m Commission fine, representing Japanese steel mills objectors on the Rio Tinto/BHP Billiton joint venture, early engagement in the DRAM cartel settlement procedure and leniency programme, and the long-running CISAC litigation. Martin Favart’s Belgian competition law work is also recommended.
There is strong support for Allen & Overy LLP’s senior statesman, Michael Reynolds who ‘is a master of how the game is played’; his ‘relationships and insights into the Commission are deep and very helpful’. Dirk Arts is ‘one of the best EU competition lawyers, very easy to cooperate with’. The team is ‘very fast and available, offering complete and precise knowledge’. It advised Novartis on the antitrust aspects of its $40bn acquisition of a majority stake in Alcon, and obtained full immunity from fines for Chemtura, in relation to the heat stabilisers cartel. Other behavioural mandates saw court work for Kone in the elevators case, and negotiations for IMI in the copper tubes case, reducing the fine significantly. Belgian competition work included representing six clients in detailed domestic investigations; and extensive state aid advice was given to various banks.
Arnold & Porter LLP is recommended for ‘“heavy” competition issues including cartel work and merger issues’, and the team’s ‘availability, friendliness and competence’. It secured EU competition clearance for Kraft Foods’ £12bn hostile bid for Cadbury, and Panasonic’s acquisition of Sanyo. It represented Areva before the General Court against two European Commission decisions in the gas insulated switchgear, and power transformer cases, and handles good state aid work. Annette Luise Schild is an ‘extraordinary antitrust lawyer with excellent know-how and judgement, perfectly connected within the Commission’. The team also provides German competition law advice, where Silvio Cappellari assists. Marleen van Kerchove is also recommended.
‘It is very savvy on our industry in particular, and business in general’, say clients of Clifford Chance, where Tony Reeves is ‘smart, business-minded, incredibly responsive, totally committed to his clients’; he advised NEC at the conclusion of the Qualcomm investigation. Despite Simon Baxter’s departure, the practice has been very active. Thomas Vinje advised Opera before the European Commission regarding Microsoft’s tying of Internet Explorer to its dominant PC operating system. GE is a regular client on a variety of mandates, ranging across the firm’s advisory, regulatory and litigation services.
Covington & Burling LLP’s advocacy in the Akzo Nobel ECJ appeal was seen as being amongst the better submissions put to the court; it also has good links with European Commission officials, and is ‘increasingly acting on a bigger scale of cases’. With two excellent lateral hires in Peter Camesasca, who has wide sectoral experience. and Lars Kjølbye, who has ‘know-how, strategic thinking, and a good network’, the team has provided litigation advice for Ryanair against the Commission, alleged abuse of dominance cases, and assisted Samsung on the DRAM and LCD investigations. David Hull is recommended for his long-term Brussels experience. Damian Geradin also joined from Howrey LLP in December 2010.
The newly-merged Hogan Lovells International LLP has the ‘size to meet the workload demand’ and ‘react speedily’, with ‘practical and efficient guidance’; it is ‘well suited in large, complex, global mergers’, being ‘well integrated and organised’. Lawyers singled out include Christopher Thomas, who ‘thinks deeply about the issues’, Catriona Hatton (‘leadership and extraordinary diligence’), Matthew Levitt (‘well founded written assessments’) and Jacques Derenne, who is ‘a very solid lawyer’. Signature work included state aid advice for Belgian Post, merger control filings for Black & Decker in a $4.5bn Phase I merger, and the successful conclusion of the Microsoft IE litigation for a complainant. Ciara Kennedy-Loest’s EU public procurement work is also recommended.
Latham & Watkins LLP ‘stands out for its knowledge and professionalism.’ It has handled six global cartel investigations, including the air cargo, and power cables cases, and been involved significant mergers, such as Oracle/Sun, and Eli Lilly/Pfizer, and General Court litigation for Telefónica against an illegal state aid finding. It represented Toshiba in the European Commission’s DRAM cartel investigation, resulting in the first ever decision adopted under the settlement procedure. Howard Rosenblatt ‘is very focused on what the client is looking for; cost and depth of analysis’. Jean-Paul Poitras is also recommended.
Sidley Austin LLP’s lawyers are ‘specialists you want to have on your side in a difficult case’; the firm ‘builds on the synergies involved where regulation, trade and competition issues are all intertwined’. It ‘knows how the European system works’ with the client’s position ‘advocated from a broader policy perspective’. Cartel proceedings included the copper fittings case; it has assisted in extensive work for Microsoft in multiple court cases plus advocacy for ECLA in Akzo Nobel; and merger control work for eBay in its sale of 65% of Skype for $1.9bn. Stephen Kinsella, Stephen Spinks, Ken Daly, Kristina Nordlander are all recommended.
Slaughter and May delivers a ‘thoughtful and prompt response to all questions and issues’; ‘
White & Case LLP Avocats Advocaten’s partners inspire great individual loyalty. ‘
Ashurst LLP is noted for its legal ability, especially Denis Waelbroeck’s ECJ litigation skills. It has an extensive private equity client base, as clients number Apax and General Pacific; acting, with others, for Intel in contesting a €1bn fine. The firm also has a good state aid practice, most recently centred around Greek and Spanish clients. The seven partner practice advises on a range of jurisdictions, including Greece, Sweden and the UK. Julian Ellison is also well regarded.
Baker & McKenzie represented Mitsubishi in securing the first ever EU cartel settlement, plus acted for key pharma and Canadian fund clients, such as the Ontario Teachers’ Pension Plan, on its acquisition of the UK National Lottery operator Camelot. It also assisted on a Belgian competition law inquiry into the consumer sector. Major clients include Abbott. The team is praised for a ‘sense of urgency, timely delivery of input, and interactive dialogue’. Bill Batchelor and Fiona Carlin are recommended.
Herbert Smith LLP’s team is ‘pleasant to deal with’, and is praised for its ‘accessibility and willingness to listen’. It acted on the £1.5bn Arriva/ Deutsche Bahn takeover; supplied representation in the car parts and car glass cartels; and acted on Monty Widenius’s challenge to the Oracle/Sun merger. Kyriakos Fountoukakos ‘understands economic and policy issues’; whilst long-serving head Craig Pouncey is ‘available at short notice’. Of counsel Adrian Brown’s EU advice ‘has a confidence and feel for the law’ with ‘risk analysis that precious few others match’. The team also includes the well respected Bo Vesterdorf, formerly President of the General Court, and liaises with alliance partners Gleiss Lutz and Stibbe.
Howrey LLP’s Maarten Meulenbelt is a ‘very pragmatic, business-oriented lawyer’. Julian Joshua and Goetz Drauz are heavyweight figures with excellent institutional contacts across the Commission. Work highlights included successfully concluding the EC’s Qualcomm article 102 investigation, and reaching an agreed settlement with the Commission on Microsoft’s use of Internet Explorer. Merger control work included clearances for Schering-Plough and United Airlines. The firm saw a number of departures, most notably Lars Kjølbye who left to join Covington & Burling LLP in June, following Peter Camesasca’s arrival there in March 2010. Also, Martina Meier left for McDermott Will & Emery/Stanbrook LLP.
Jones Day is praised for ‘ensuring that our practices respect anti-cartel law; so far, following its advice, we have never faced any legal exposure’. Bernard Amory is ‘professional, pragmatic, and agile’. Vincent Brophy is also recommended, his team gives ‘thorough and pertinent advice’. Yvan Desmedt is ‘talented and bright’. Highlights included the air cargo cartel investigation, the AA/BA joint venture, Bridgestone’s sale of two subsidiaries to Bekaert, and in extensive Polish-related state aid/investment advice.
Mayer Brown continues its excellent track record in complex Commission proceedings, where it is ‘able to translate legal constraints into business reality’. It represented Eurofer in its complaint against the multi-billion iron ore joint venture between BHP Billiton and Rio Tinto, and has given state aid advice to German “bad bank” SoFFin, which saw €85bn transferred from WestLB. Kiran Desai is ‘responsive, knowledgeable, friendly and practical’; his team ‘has a strong grasp of substantive law and also a good practical sense for what is commercially reasonable’. Andres Font Galarza left for Gibson Dunn.
O’Melveny & Myers LLP is praised for delivering a ‘very responsive service, with a precise working style, and good value for money’. It represented Honeywell in securing merger control clearance for its $1.4bn takeover of Sperian Protection, and representation of AMD in the Intel case, which led to a settlement of $1.25bn, one of the largest settlements ever achieved in antitrust litigation by a single plaintiff. Christian Riis-Madsen is singled out for his ‘problem-solving orientation’, and awareness of particular hi-tech business sectors.
Squire, Sanders & Dempsey (UK) LLP’s team has a real multinational feel, with lawyers from eight member states. There is recognition for ‘professionalism, dedication and expertise’, as ‘contact is smooth, rapid, efficient and really to the point’. Tom Pick is ‘particularly qualified’; senior associate Eliza Petritsi has ‘in-depth sector-specific knowledge’, and senior associate Alessandro Nucara provides ‘high calibre support’. It advised on the Lucite/Mitsubishi merger, and on state aid issues arising in Poland and Greece. Konstantinos Adamantopoulos left the firm.
Stibbe’s Peter Wytinck is ‘highly reliable, with a thorough understanding of legal issues in a business context’ and is ‘great for Belgian competition law’, and Hendrik Viaene gives ‘pragmatic advice’. The team is growing at associate level. and has extensive EU state aid experience for the Flemish region, but is best known for its excellent Belgian competition law practice, including private actions. Highlights included the Akzo Nobel appeal to the ECJ (for Akzo Nobel), and work for the Belgian FA, Thomas Cook and Kinepolis. Marc van der Woude was appointed, in September 2010, as Belgium’s judge on the EU’s General Court.
Wilmer Cutler Pickering Hale and Dorr LLP’s lawyers are ‘very experienced and can cover both sides of the Atlantic’ and offer ‘clear and pragmatic advice’. Clients single out John Ratliff’s ‘huge professional experience’, whilst Sven Völcker ‘is a key industry partner in competition law’, especially in the airline industry. The team is also ‘recommended for general compliance advice’. Work on the air cargo cartel for two major airlines was a 2010 highlight; merger control mandates also predominate, such as the Cisco/Tandberg deal. Paul von Hehn is also recommended.
Bredin Prat, one of the “best friends” associated with Slaughter and May, includes Marc Pittie, noted for his ‘dedication and interest’ on his client’s behalf. Work highlights included Electrabel’s appeal against an EU fine for alleged late filing, state aid claims for SNCM, and merger control filings for Schneider Electric.
Crowell & Moring’s increasingly popular five-strong team is spearheaded by Werner Berg and Thomas De Meese, and has good relationships with key clients, notably AT&T, Nestlé and Telenet, with a balanced approach to merger control, sectoral inquiries, and behavioural competition instructions. The firm is ‘very impressive and on top of key issues’, being ‘very capable, likeable, and collegiate lawyers’.
Gibson Dunn’s Peter Alexiadis is ‘knowledgeable and affable’; David Wood is ‘practical, very straightforward, very efficient’; and overall, the team’s ‘advice has business relevance.’ Clients note the arrival of Andrés Font Galarza ‘increases its bench strength’. It represented Towers Perrin, (in its merger with Watson Wyatt), and ICOMP on internet-related competition issues.
Gide Loyrette Nouel A.A.R.P.I. provides a one-stop shop, working closely with the Paris office. The SCNF/Eurostar merger was one example of this. It also handles significant cartel defence work; abuse of dominance and state aid are both real specialities. France Télécom, Yves St Laurent, and V&S are clients. ‘Its advice is practical and not theoretical’; Benoît Le Bret is a ‘good lawyer and lobbyist regarding the Commission’, and Stéphane Hautbourg is also recommended.
Gleiss Lutz’s attraction to clients can be summarised as a ‘positive atmosphere’ ‘high client orientation’, and ‘a strong team’. Specifically, the team ‘provides the best advice on state aid issues relevant to the banking industry’. Ulrich Soltész manages the practice, and is ‘a highly competent state aid expert with long term experience’. Simon Hirsbrunner left the firm to join Heuking Kühn Lüer Wojtek. Clients include Opel, Duravit, and various German regional governments and banks.
Hengeler Mueller’s reputation as a German competition law expert is sustained by Alf-Henrik Bischke and Hans-Jörg Niemeyer’s work; including advising BHP Billiton in relation to a proposed joint venture, ECJ litigation, and various cartel instructions. Clients include Ciao, Austrian Airlines and Grohe.
McDermott Will & Emery/Stanbrook LLP makes good use of its cartel defence skills, representing an Asian corporation in the DRAM litigation. The practice was boosted by the arrivals of the well-respected Martina Meier and Asian-experienced Wilko van Weert, who is competition counsel to various EU trade associations. Clients, including Velux and FMC, say ‘advice is professional, well-qualified and swiftly given’; many value the comprehensive way in which lawyers approach technical issues. Clive Stanbrook QC and Philip Bentley QC also supply valuable advocacy and advisory skills.
Squire, Sanders & Dempsey L.L.P.’s Brian Hartnett stands out for being ‘dependable, quietly authoritative and very persuasive’; one client says the firm’s analysis ‘saved us a fortune’. Oliver Geiss is ‘particularly good’, praised for his credibility with regulators. State aid litigation, cartel work in the LCD and air cargo cartels all feature, as does a client mix including Olympus, Wyeth, 3M and Lubrizol.
Steptoe & Johnson LLP saw continuing involvement in the now concluded air cargo investigation, for JAL, who it also assisted in merger control talks over Nippon Cargo. It also assisted French group REEL in Art 102 defence proceedings, and also advises Research in Motion and Motorola. Robert Fleischman transferred from Washington DC, joining team head Kees Kuilwijk, James Searles and Jean Russotto.
Uría Menéndez’s chief counsellor in Brussels is Edurne Navarro Varona. She is renowned for ‘excellent technical knowledge and expertise’, coupled with a strong background in ‘how to work in Brussels’, in lobbying and advice, being ‘very skilled, responsive and pragmatic’. Extensive work included acting for Santander before the Commission in relation to its offer to purchase part of RBS’ branch network divestiture. Other clients include Telecinco and Telefónica.
Beachcroft LLP has advised key players in the financial services industry, including Axa Insurance with competition law issues. Julie Nazerali has ‘good client understanding and gives coherent advice’. The firm’s EU public procurement lawyers are ‘very good, a great team’.
Berwin Leighton Paisner LLP ‘provides a professional, reliable service and is thoroughly recommended.’ Work included Harmonic’s $275m global merger control filing. ‘One of Brussels’ best-known lawyers’, David Anderson is ‘thoughtful, enthusiastic and responsive’ and ‘opens doors that we fail to open ourselves’, say grateful clients. Other clients include Varian and the Beijing regional government.
Bird & Bird LLP’s José Rivas has assisted Nokia and FMC with EU-law litigation, including private damages action defence, and cartel settlement. Anne Federle’s merger control practice includes advice for engineering and energy companies.
DLA Piper saw the arrival of Daniel Sharma from Heuking Kühn Lüer Wojtek, working alongside Bertold Bar-Bouyssière andYoichi Shibasaki. Clients say the firm’s ‘response times are very client-friendly and fast’. It advised Cathay Pacific in the now-concluded air cargo cartel investigation and Teac in a private actions for competition law damages claim.
Dechert LLP maintains a good Belgian and EU competition practice. Local advice covers clients in the Belgian gas and electricity industries; EU-related work covered the Delphi merger proceedings, (for Elliot Associates), and antitrust advice for US Airways, Crown and FMC. Isabelle Rahman is recommended.
Eubelius is praised for ‘very good collaboration’. Hans Gilliams is an ‘outstanding and brilliant lawyer’; he ‘takes into account difficult internal client relationships, and explains things clearly’. The firm is recognised for excellent Belgian domestic competition law and EU experience, especially for state-backed industries, such as SCNB and Belgian Post.
Morgan Lewis’ Izzet Sinan is primarily a merger control specialist, praised for ‘broad expertise’, who also undertakes cartel-related advice and litigation before the EU courts, praised for his experience as ‘reputable in antitrust matters’.
Morrison & Foerster LLP’s three partner team represented Panasonic before the European Commission in the global cathode ray tube price fixing investigation, and assisted Fujitsu subsidiary FDK in merger control filings in its acquisition of two subsidiaries from Sanyo. Hi-tech transactional mandates are handled alongside complex IT/competition law litigation. Rony Gerrits is recommended.
‘It is a very good firm’ say clients of NautaDutilh, where Charles van Sasse van Ysselt’s experience in a large number of merger control filings complements Stan Brijs’s skills in EU class action cases.
Norton Rose LLP’s Christian Filippitsch and Michael Jürgen Werner remain active, with Michael Jürgen Werner providing EU and German law advice to German bank W&W on its acquisition of ADB. Filippitsch also advised on a €61m joint venture between Enovos and Avelar. The firm also advised on EU aspects of a first German share listing on the Hong Kong Stock Exchange.
Shearman & Sterling LLP’s Hans Jürgen Meyer Lindemann advises US and German clients on merger control filing mandates, and behavioural competition law issues. He advised private bank Oppenheim in its takeover by Deutsche Bank. Clients include Barclays, Axel Springer and Allianz.
CMS DeBacker’s Annabelle Lepièce handles cases before the Belgian Competition Council, and against the European Commission. Clients include the Walloon and Brussels regional governments.
Contrast’s Franck Wijckmans (‘impressive and deep skills’), and Filip Tuytschaevers (‘very useful institutional network’) are praised for ‘excellent, clear and structured drafting’ and ‘very good advocacy’, being a ‘no-nonsense office delivering good value for money’ for Belgian, Asian and EU-wide clients.
Field Fisher Waterhouse’s services, ‘pragmatic and cost-efficient’, are undertaken for life sciences and biotechnology clients. Claudio Mereu’s clients include a major Japanese chemical company.
Garrigues’ José Luis Buendía is recommended for his state aid practice. Clients praise the firm’s ‘knowledge of competition law and regulation of the Spanish energy sector’ and its ‘personal relationships with key players’.
Hunton & Williams LLP’s Michael Rosenthal, Robert Klotz and Paul McGeown provide antitrust counselling to Chevron, SkyTeam and energy sector clients, including Swissgas.
Olswang’s Koen Platteau is ‘extremely knowledgeable on competition law matters, both Belgian and European, yet very pragmatic in his approach’. Clients include the European Commission and Belgacom. Dirk van Liederkerke is also recommended.
SJ Berwin LLP’s practice is headed by Ramon Garcia Gallardo, who acted for Russell Hobbs in its merger with Spectrum Brands. Wilko van Weert left for McDermott Will & Emery/Stanbrook LLP.
Simmons & Simmons LLP handles EU, Belgian and Dutch competition law cases; it represented the Commission in the General Court, in the Dutch brewers cartel case, over its €273m fine of various cartelists.
Willkie Farr & Gallagher LLP, led by Jacques-Philippe Gunther, has strong links to the firm’s Paris office; Gunther is ‘an excellent practical lawyer’; providing ‘very high quality and high value’ advice to clients, including Teva, Gaz de France and Crédit Mutuel.