We are regularly involved in abuse of dominance investigations, either on behalf of companies under investigation or on behalf of complainants adversely affected by anti-competitive behaviour. We have significant experience in investigations of the European Commission (EC), but also of national competition authorities, in some cases acting alongside other law firms.
Our experience covers all aspects of abuse of dominance cases, including refusal to supply, bundling, margin squeeze, predatory pricing discriminatory practices, etc. We have been particularly involved in many of the leading abuse of dominance investigations in the tech sector.
We act for both complainants and defendants in all stages of cartels investigations, including dawn raids. We also provide insightful advice on compliance strategy, co-ordination of leniency applications, or negotiations of settlements procedures. We represent clients before the European Commission, but also national authorities, acting sometimes alongside other law firms.
We also provide competition law advice on a wide range of agreements, including horizontal cooperation agreements, licensing and supply agreements, distribution agreements etc.
We regularly represent clients before the European Courts and we have handled multiple appeals against European Commission decisions in cartel, abuse of dominance and State Aid cases. We have also acted on behalf of clients in preliminary ruling cases originating from domestic courts.
We provide strategic advice in competition litigation, whether for stand-alone or follow-on damage actions. When needed, our advice extends to the way subsequent litigation may strategically affect investigations of competition authorities.
Prof. Damien Geradin is also a leading authority in the field of arbitration involving competition law or intellectual property issues. He has been involved in multiple arbitral proceedings either as counsel or expert witness. He regularly collaborates with leading international law firms in this area.
We assist clients in competition law compliance programmes. Because a compliance program can only have a positive impact if it is accepted by its employees and is in line with the corporate culture, we make sure that it is written in a language familiar to the business world in which the recipients of the message operate.
Our services include drafting and updating guidelines, giving staff presentations and training and performing simulated dawn raids including acting as standing counsel in the event of future dawn raids and investigations. We also assist our clients in conducting internal audits if anti-competitive conduct is suspected or as part of a due diligence process.
Our team also has a large experience with respect to trade associations and their specific needs and risk profiles.
We provide competition law advice at all stages of M&A deals. We accompany buyers or sellers all along the transactional process, including for feasibility assessments, notification requirement analyses, the review of contractual agreements, the set-up of clean teams, and for the notification process. We also advise third parties for potential complaints against a proposed merger.
Thanks to our previous experience, we have strong relationships with the teams responsible for merger review at the European Commission (EC) and at national competition authorities, in particular the Belgian Competition Authority, the German Federal Cartel Office, and the French Competition Authority. For complex multi-jurisdictional mergers, we collaborate with the most experienced law firms in different jurisdictions.
We advise companies on potential State aid aspects of proposed investments, and we represent clients during European Commission investigations, as well as before the European and national courts.
Our practice covers all aspects of State aid compliance, and we assist clients with compliance assessment of any public intervention in the economy, complaints to the European Commission, defense against allegation of unlawful State aid and recovery procedures.