Damien Gerard

DG COMP (Brussels), College of Europe (Bruges)
Case Handler & Visiting Professor

A graduate of the University of Louvain, the College of Europe and New York University, Damien Gerard was a Research Fellow affiliated with the Chair of European law of the University of Louvain (UCL, Belgium). He is currently a case handler in European Commission and a visiting professor at the College of Europe. He is a member of the New York Bar and fully qualified in Brussels where he practiced for five years with Cleary Gottlieb LLP. In 2003-2004, Damien Gerard clerked for Judge Lenaerts of the European Court of Justice. In 2008-2009, he was a Visiting Lecturer in EC Competition Law at University Paris V - Descartes. In 2009-2010, he visited Harvard Law School as a Fulbright-Schuman Visiting Research Scholar at the Institute for Global Law & Policy, as well as the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany, on a Max Planck grant. His most recent scholarship focuses on EU competition law enforcement, including systemic aspects pertaining to judicial review and the operation of the European Competition Network, and the theory of the European integration. A list of his publications is available at www.uclouvain.be/damien.gerard

Distinctions

Articles

3082 Bulletin

Damien Gerard The ECJ Advocate General Kokott renders her opinion in the Czech gas insulated switchgear case holding that the principle ne bis in idem does not preclude NCAs from prosecuting the same cartel with respect to different territories or periods (Toshiba)

485

AG Kokott’s Opinion in Toshiba: framing the application of the ne bis in idem principle in EU competition law enforcement* One of the main concerns raised by the decentralization of EU competition law enforcement related to the risk of different competition authorities prosecuting and (...)

Damien Gerard The European Court of Justice sets aside the first judgment of the General Court annulling a commitment decision and dismisses breaches of the principle of proportionality and due process standards by the Commission (Alrosa, De Beers)

356

Alrosa, negotiated procedures and the procedural economy/due process conundrum – one step forward, three steps back?* Friends of the blogosphere: greetings! There was something refreshing in the judgment rendered in 2007 by the General Court (GC) in the Alrosa case (T-170/06). If somewhat (...)

10114 Review

Damien Gerard Damages Claims for the Infringement of EU Competition Law

3440

Damages claims for harm caused by the infringement of EU (and national) competition law have become a practical reality. These claims significantly increase companies’ financial exposure for antitrust violations. Their emergence has disrupted in many ways the competition law enforcement (...)

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