Especially in markets with few players, compliance with the competition rules should be a crucial action item for businesses.
Our competition team combines in-depth knowledge of both the European and the Belgian competition environment and regulations, in an advisory context and also with regard to litigation. We work closely with other Eubelius teams (such as Corporate and M&A, Tax, Dispute Resolution & Litigation) to ensure a holistic approach to each matter.
Your contacts in Competition
We also have long-standing working relationships with a multitude of foreign competition specialists, enabling us to offer advice not only in a Belgian and a global European context, but also in a cross-border context that is not governed only by the regulations applicable to the European Economic Area.
Eubelius' attorneys have developed vast expertise in counselling clients in both the private and public sectors in matters ranging from cartels and abuse of a dominant position to merger clearance and State aid. A particular focus of our practice is compliance with the State aid rules, counselling of clients with a dominant position and reviewing of distribution agreements.
We assist and represent our clients (both as plaintiffs and as defendants) in proceedings before all Belgian civil and administrative courts, and before the Court of Justice and the General Court of the European Union.
Some of our references:
- Proceedings against the European Commission decision regarding the Belgian "Excess Profit Rulings Scheme" (decision annulled by the EU General Court, 2019)
- Representation of Asco in connection with the acquisition of Asco by Spirit AeroSystems (notification to the European Commission, ongoing).
- Representation of TUI/Jetair in connection with allegations of abuse of a dominant position, including a dispute regarding the (unlawfulness of) dawn raids (prevailed on the basis of a landmark judgment of the Brussels Court of Appeal, 2015, upheld by Belgium’s highest jurisdiction, 2018)
- Securing BCA clearance of the creation of joint venture A&U Energie by Aspiravi NV and Unilin BVBA (2018)
- Securing BCA clearance of the acquisition of the Belgian activities of Heijmans International by Besix Group (2017)
- Representation of bpost in matters regarding the principle of equal treatment in the postal sector, resulting in an annulment of fines imposed by the Belgian Competition Authority and the Belgian postal regulator (prevailed before both the EU Court of Justice and the Brussels Court of Appeal, 2016)
- Securing BCA clearance of the acquisition of the Belgian activities of Lagardère Travel Retail by bpost (2016)
- Securing BCA clearance of the acquisition of Colfridis by Distrilog (2016)
- Representation of SNCB/NMBS in connection with the restructuring of its freight activities (European Commission restructuring aid approval, 2010) and the privatisation of these activities (2015)
- Representation of Proximus in proceedings regarding legal privilege of advice by in-house counsel (prevailed on the basis of a landmark judgment of the Brussels Court of Appeal, 2013, upheld by Belgium’s highest jurisdiction, 2015)
- Representation of Soliver in contesting a European Commission fine for alleged participation in the "car glass" cartel (fine annulled by the EU General Court, 2014; not appealed by the Commission)