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

• Counselling and representation of 22 major Eurozone financial institutions in connection with the creation of the European Payments Initiative (EPI), a new pan-European payment scheme.
• Counselling and representation of Belgian Finance Ministry (Department of the Treasury) with respect to the design, approval and implementation of two State guarantee schemes for loans to businesses affected by the COVID-19 pandemic and the notification thereof to the European Commission.
• Securing a number of merger control and foreign direct investment clearances in Europe and North America in connection with the sale of Asco Industries, a leading designer and manufacturer in the aerospace industry, to Montana.
• Counselling and representation of Illumina before the Belgian Competition Authority in connection with the proposed acquisition of GRAIL, a cancer detection test start-up, which included discussions with the Belgian Competition Authority with respect to the submission of a referral request to assess the transaction under the EU Merger Regulation (Article 22).
• Assistance and counselling of Moog Music, a manufacturer of electronic musical instruments, in connection with the preparation and roll-out of a pan-European distribution network, which included the preparation of templates of a wholesaler agreement and a dealer agreement. Ongoing counselling in connection with various legal aspects, including competition and contract law.
• Securing clearance by the Belgian Competition Authority of the acquisition of AXA Bank Belgium by Crelanco SC.
• Counselling and representation of the four largest Belgian banks in the creation and roll-out of Batopin, a new nationwide ATM network.
• Representation of 12 companies in proceedings against the European Commission decision regarding the Belgian Excess Profit Rulings Scheme. 
• Successfully represented bpost in matters regarding the principle of equal treatment in the postal sector; obtained annulment of fines imposed by the Belgian Competition Authority and the Belgian postal regulator in 2016. Representation in the appeal proceedings by the Belgian Competition Authority for annulment of the Court of Appeal judgment. Representation in the preliminary ruling procedure before the EU Court of Justice following an interim judgment of the Brussels Court of Appeal, referring two questions for a preliminary ruling on the interpretation of the principle of Ne bis in idem.
• 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.
• 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.
• Successfully represented Soliver in contesting a European Commission fine for alleged participation in the "car glass" cartel; obtained annulment of the fine before the EU General Court.