Competition

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.

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    Your contacts in Competition

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    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:

    • Successfully represented 13 companies in proceedings against the European Commission decision regarding the Belgian "Excess Profit Rulings Scheme"; obtained the annulment of the European Commission decision before the EU General Court in 2019.
    • Assistance and representation of Crelanco SC with the merger clearance before the Belgian Competition Authority of its acquisition of AXA Bank Belgium (ongoing).
    • Representation of Asco in connection with the acquisition of Asco by Spirit AeroSystems; notification to the European Commission (ongoing).
    • Successfully represented TUI/Jetair in connection with an investigation by the Belgian Competition Authority; obtained a landmark judgment confirming the unlawfulness of dawn raids; investigation definitively closed without charges in 2019.
    • Securing clearance by the Belgian Competition Authority of the creation of joint venture A&U Energie by Aspiravi NV and Unilin BVBA (2018).
    • Securing clearance by the Belgian Competition Authority of the acquisition of the Belgian activities of Heijmans International by Besix Group (2017).
    • Successfully represented bpost in matters regarding the principle of equal treatment in the postal sector; obtained the annulment of fines imposed by the Belgian Competition Authority and the Belgian postal regulator in 2016.
    • Securing clearance by the Belgian Competition Authority of the acquisition of the Belgian activities of Lagardère Travel Retail by bpost (2016).
    • Securing clearance of the acquisition by the Belgian Competition Authority 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).
    • Successfully represented Proximus in proceedings regarding legal privilege of advice by in-house counsel; obtained a landmark judgment confirming the legal privilege of advice by in-house counsel in 2013.
    • Successfully represented Soliver in contesting a European Commission fine for alleged participation in the "car glass" cartel; obtained the annulment of the fine before the EU General Court in 2014.