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.
Antitrust M&A Snapshot | Q2 2022
By Claire Danberg, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg, Lisa P. Rumin and Hendrik Viaene on Sep 26, 2022
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
In the United States, parties continue to be cautious in litigating challenged transactions. Since January 2021, the US Federal Trade Commission (FTC) and Department of Justice (DOJ) filed lawsuits (or threatened to sue) to block 16 transactions. Of those transactions, 12 were abandoned and six are in various stages of litigation. The data suggest that...
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General Court Upholds European Commission’s Power to Review Illumina-Grail Despite Untriggered Turnover Thresholds
By Hendrik Viaene, Karolien Van der Putten and Hannelore Wiame on Jul 28, 2022
Posted In EC Developments, EU Developments, French Developments, Healthcare Antitrust, Mergers & Acquisitions
In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which is the subject of a referral request made by a Member State – even if the transaction is not...
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Digital Markets Act Now Firmly on Its Way
By Hendrik Viaene, Karolien Van der Putten and Hannelore Wiame on Mar 31, 2022
Posted In Brussels Developments, EC Developments, EU Developments
On March 24, 2022 the Council of the EU and the European Parliament reached political agreement on the “Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector” (Digital Markets Act or DMA). The political agreement comes just 15 months after the European Commission published its legislative...
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Changes to the Legislative Landscape of Belgian Competition Law
By Hendrik Viaene, Karolien Van der Putten and Hannelore Wiame on Mar 17, 2022
Posted In Brussels Developments, EC Developments
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations Folding the rules and formalities relating to leniency programmes in...
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Annual European Competition Review 2021
By Philip Bentley, Jacques Buhart, Hendrik Viaene, Max Küttner, Karolien Van der Putten, Frédéric Pradelles and Mary Hecht on Feb 4, 2022
Posted In Brussels Developments, EC Developments, Energy/Commodities, EU Developments, French Developments, German Developments, Healthcare Antitrust, IP Antitrust, Italian Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference guidance on essential EU competition law developments covering key areas of law and policy, to help keep you...
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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 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 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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