Competition and Foreign Direct Investments (“FDI”)

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. In addition, Eubelius offers efficient worldwide support in the context of transactions raising potential issues in the area of merger control and foreign direct investment through specific and reliable networks of the most prominent (often independent) law firms.

Eubelius’ attorneys have developed vast expertise in counselling clients in both the private and public sectors in all areas of competition law and in particular matters ranging from cartels and abuse of a dominant position to merger clearance and State aid. The focus of our practice also includes compliance with State aid regulations, advising clients with a position of power, and reviewing 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

State Aid

• Eubelius is assisting the Belgian State in extending the lifetime of nuclear power plants in Belgium to guarantee energy supply in the future. The competition team secured the approval of the European Commission in the State aid procedure. The notified measures include a cap on liabilities for nuclear waste and the assurance of a certain level of income via a bilateral “contract for difference”;

• The Eubelius competition and tax teams are representing 14 companies in proceedings against the European Commission decision regarding the Belgian Excess Profit Rulings Scheme;

• Counselling the Flanders Digital Agency, including in the context of the establishment of an independent ICT support structure for Flanders that assists local authorities with IT purchases and projects. The Eubelius competition team examined the compatibility of the new structure, which will be financed primarily with government funds, with EU State aid rules and is helping to shape its operation and financing structure. The competition team is working closely with the public law and data teams.

Cartels

• Eubelius’ competition and contract law teams organised a new selective distribution system for Gazelle Bikes in Belgium and the Netherlands for Gazelle dealers under the new Vertical Block Exemption Regulation;

• Eubelius is advising Batopin, a joint venture set up by Belgium’s four largest banks to roll out a new national network of ATMs, in talks with the Belgian Competition Authority, which is conducting a complex assessment of compatibility with competition rules;

• Assisting the founder of a sustainable circular economy project in the context of an ongoing investigation with dawn raids by the European Commission into alleged anti-competitive practices;

• 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.

Merger Control and Foreign Direct Investments

• Eubelius advised Multipharma CV, a pharmacy chain active in the wholesale and retail of pharmaceutical products, on the acquisition of the Goed pharmacy chain. The competition team secured the approval of the transaction by offering commitments to the Belgian Competition Authority;

• Eubelius advised one of the world’s largest producers of frozen potato products on the acquisition of a jointly controlling interest in a Belgian market player. Notification procedures in the context of merger control were successfully completed in various jurisdictions;

• Eubelius advises investment companies and vehicles on notification requirements and strategies regarding foreign direct investments in sensitive sectors, including software, data and infrastructure;

• 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;

• Eubelius represented the VDL group in a complex and exceptionally urgent notification procedure in the context of merger control before the Belgian Competition Authority in the acquisition of the bus division of Van Hool;

• 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).

Abuse and Litigation

• 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.