Hendrik Viaene
Subscribe to Hendrik Viaene's PostsHendrik Viaene focuses his practice on competition law, regulated markets and regulatory law. He advises clients across a wide range of related issues including state aid, cartels, licensing agreements, merger filings, M&A negotiations, abuse of dominance cases, and distribution agreements. Hendrik assists governments as well as privately and publicly owned companies. He has a wealth of experience in a range of sector such as energy, chemicals, paints, automotive, financial data, recycling and waste management, telecom, construction, renewables, media, private equity and the financial industry.Read Hendrik Viaene's full bio.
EU General Court Clarifies Rules on Gun Jumping
By Hendrik Viaene and Karolien Van der Putten on Oct 18, 2021
Posted In Brussels Developments, EC Developments, EU Developments, Mergers & Acquisitions
On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In particular, the GC affirmed that the Commission could impose two separate fines: (i) a fine for implementing a concentration prior to its...
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European Commission and National Authorities Take a Stand Against Excessive Pricing by the Pharmaceutical Industry
By Hendrik Viaene and Karolien Van der Putten on May 17, 2021
Posted In Brussels Developments, EC Developments, EU Developments, Healthcare Antitrust
The European Commission and national competition authorities (NCAs) are very actively fighting a number of anticompetitive practices in the pharmaceutical industry. Enforcing the prohibition against excessive pricing has become a particular area of focus for competition authorities in Europe. The European approach to excessive pricing differs from that followed in the United States, where excessive...
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New European Commission Guidance Acquisitions of Nascent Competitors on the Radar
By Hendrik Viaene and David Henry on Mar 31, 2021
Posted In Brussels Developments, EC Developments, EU Developments, Mergers & Acquisitions
The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its new Article 22 Guidance, the Commission has significantly expanded its ability to review transactions. Parties to a transaction, especially in...
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Annual European Competition Review 2020
By Philip Bentley, Jacques Buhart, David Henry and Hendrik Viaene on Feb 2, 2021
Posted In Brussels Developments, Cartel Enforcement, EC Developments, EU Developments, Monopolization/Abuse of Dominance
McDermott’s Annual European Competition Review summarizes significant developments in the field of European competition law. 2020 saw several important legislative and policy developments, including EC guidance on foreign direct investment, the promulgation of a temporary framework for antitrust cooperation in the context of COVID-19 and the issuance of a rare competition law comfort letter thereunder....
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European Commissions Continues to Amend COVID-19 Temporary State Aid Framework
By Hendrik Viaene and Karolien Van der Putten on Jan 29, 2021
Posted In EC Developments, EU Developments
On January 28 2021, the European Commission (Commission) amended its COVID-19 Temporary State aid Framework (Temporary Framework) for the fifth time. The Commission adopted the Temporary Framework at the beginning of the COVID-19 crisis (March 19 2020) to support the economy and help Member States set up various aid measures. Since the adoption of the...
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