EU and Competition law

EU Law Competition Law EU Litigation

A recent Global Competition Review survey described our EU and competition law team as ‘an ascending star’ with ‘an impressive domestic record’. PLC Which Lawyer recommends contrast for competition/antitrust in Belgium. According to ‘The Legal 500’ contrast has also an “outstanding level of competition law expertise and the ability to handle the most diverse issues, and is recommended for its high level of partner involvement. Frank Wijckmans has a pragmatic, solutions-oriented approach”.

Over the past 20 years, lawyers of our team have advised and represented domestic and international companies in their business dealings before the national and European authorities and courts.

contrast is regularly called upon to assist other lawyers seeking independent and specialised EU and competition law advice.

Lawyers of our team have particular expertise in EU and competition law litigation, and assisted the European Commission as well as private applicants, complainants, defendants and intervening parties before the General Court and the Court of Justice of the European Union.

We initiated the Antitrust Alliance, combining specialised competition law teams in the majority of EU Member States, thereby addressing the implications of the EU’s policy of decentralising the application of the competition rules.

EU Law

contrast assists domestic and international companies on EU internal market legislation and its implementation by the Member States. Our EU regulatory experience covers all aspects of the internal market, including its external dimension.

Our team advises companies on many internal market issues relating to the free movement of goods, product safety requirements under the new approach directives (machinery, electrical equipment, PPE) and under the construction products regulation, on consumer protection, labelling and product documentation, CE marking, harmonised standards (CEN, CENELEC) and on environmental legislation (RoHS, WEEE, REACH).

We successfully represented companies in administrative proceedings concerning corrective actions (including product recalls) in several Member States.

We also advise in the field of the free movement of services. For instance, members of our team have been retained by the Flemish government to advise on the impact of the EC Services Directive on the Flemish administration.

Our team has expertise in EU customs law, particularly on import-related matters. Members of our team assisted the European Commission in an important number of customs law cases (e.g. tariff classification, remission of customs duties) before the General Court and the Court of Justice of the European Union.

Competition Law

Restrictive practices (horizontal and vertical agreements)

contrast has extensive experience in the field of restrictive practices.

In the interest of prevention, we conduct in-house training sessions on developments in the field and assist our clients in developing compliance programmes on how to avoid competition law infringements throughout their operations.

We developed a singular expertise in the motor vehicles and automotive components sectors, the retail industry, the petroleum sector, the construction sector, pharmaceuticals and cosmetics, consumer products (white goods, brown goods), the food industry, insurance, environmental agreements, the information technologies industry and intellectual property related aspects.

Horizontal agreements

Our team is regularly called upon to advise on the competition law implications of horizontal agreements, including joint venture agreements, specialisation agreements, production, purchasing and commercialization agreements, R&D agreements, environmental agreements (including waste management agreements), as well as agreements on standards.

Our team assists trade associations in the structuring of their information exchanges in line with competition law requirements. Our team successfully defended standardisation bodies against alleged market foreclosure on account of standardisation.

Vertical agreements

contrast has particular expertise in the field of distribution law in general and motor vehicle distribution in particular. We assist many national and international companies on questions relating to their distribution strategy (exclusivity and non-compete obligations, customer and territory allocation, parallel sales, pricing strategies, e-commerce, subcontracting and supply-back obligations, etc). We advise many companies on the restructuring of their distribution and licensing strategy.

Lawyers of our team publish widely on the topic of distribution law and the block exemption regulations on vertical restraints and on motor vehicle distribution. Frank Wijckmans and Filip Tuytschaever wrote a monograph published by one of the leading legal publishers in the world, Oxford University Press, entitled ‘Vertical Agreements in EU Competition Law’, which has become a reference work since its first publication in 2006. A second edition of this book was published in 2011.

More information on our involvement in distribution related matters is given in our business law section.

Cartels and abuse of dominant position

Our team counselled in the first full-fledged abuse of monopoly power case under the Belgian competition rules. We have since offered advice and assisted many clients in cartel and abuse of dominance cases, including the European Commission before the EU Courts in the Elevators and Escalators cartel, as well as the Dutch Bitumen cartel.

Contrast's experience encompasses all stages of Belgian and EU proceedings: investigations, informal negotiations, written proceedings, oral hearings and appeals.

Recent representation in cartel cases includes the introduction of an appeal before the General Court in the acrylic glass, as well as in the international movers cartel, and the representation of an association for retail, wholesale and international trade interests before the General Court. We also currently represent clients in ongoing investigations at the Belgian level.

Recent representation in cases concerning the abuse of dominant position concern the representation of A.S.O. in its proceedings against the U.C.I. and the representation of an international broadcasting organization against an incumbent cable operator.

Our team has assisted companies in their applications for immunity with the European Commission and several national competition authorities.

Filip Tuytschaever teaches EU competition law at Faculty of Law of the University of Brussels (VUB). Frank Wijckmans is professor at the Brussels School of Competition.

Mergers and acquisitions

contrast represents clients in merger filings at the Belgian and EU level and provide a one-stop shop service to clients by co-ordinating multi-jurisdictional notifications through our Antitrust Alliance.

Our merger experience includes the representation of Belgian and international clients in straightforward acquisitions and in the creation of joint ventures. We have handled first and second phase proceedings at the national and EU level. We successfully protected clients against the imposition of conditions for merger approval and have successfully intervened in merger proceedings to obtain commitments from the notifying parties.

Recent assignments in the field of merger control are the representation of the interests of an independent telecom operator in merger proceedings involving the incumbent operator and the representation of a wholesaler acquiring one of its competing distributors of pharmaceutical products.

State aid

Our team represents private companies, as well as public authorities, before the European Commission in cases concerning State aid. contrast advises public authorities on the elaboration of State aid schemes.

Our recent expertise includes giving advice on matters such as the Community guidelines on State aid to maritime transport, the Community guidelines on State aid for environmental protection, as well as the Block exemption regulation for training aid.

contrast also handles all related litigation including appeals before the European courts (on issues such as the concept of State aid and the measurement of the aid intensity), as well as litigation aimed at the private enforcement of the State aid rules.

EU and Competition Law Litigation

contrast is very active in the field of EU and Competition Law litigation.

Filip Tuytschaever and Frank Wijckmans have acted in more than 50 cases before the General Court and the Court of Justice of the European Union, representing both private parties (as plaintiffs or interveners) and the European Commission in annulment actions and preliminary ruling cases.

Members of our team are regularly active in EU and competition law cases before the Belgian courts.