Frederic Depoortere

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Lawyer (Partner)

Frederic Depoortere is a Partner in Skadden’s Brussels office. He has more than 20 years experience in merger control both in EU and international antitrust and regulatory aspects of mergers, acquisitions and joint ventures. Mr. Depoortere has worked on numerous international transactions requiring global antitrust and merger control analysis and notifications for international clients. He also deals with general EU competition law issues such as cartels, vertical restraints and dominance. During his career, Mr. Depoortere has been involved in some of the most high-profile and complex merger control cases, including for clients such as E. I. du Pont de Nemours and Company, General Electric Company, Merck KGaA and Nokia Corporation. He also deals with general EU competition law and compliance issues relating to cartels, vertical restraints and dominance. Mr. Depoortere has repeatedly been selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business. He was included in Global Competition Review’s list of the world’s leading 40 competition lawyers under the age of 40. Mr. Depoortere was also named a leading practitioner in his field by Who’s Who Legal: Competition Lawyers & Economists.

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Dentons (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Kirkland & Ellis (New York)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Institut d’économie Industrielle (IDEI)
European Court of Justice (Luxembourg)

Videos

Frederic Depoortere - Antitrust law and policies from Brussels to Washington D.C.: The Atlantic divide
Frederic Depoortere 16 October 2015 Bruxelles

Articles

12115 Bulletin

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Michael J. Frese, Simon Baxter The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions (Gasorba / Repsol)

354

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

Alex Jupp, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, James Anderson, Jonathon J. Egerton-Peters, Niels Baeten The EU Commission opens an in-depth investigation into statutory rules that exempt certain financing income earned by foreign subsidiaries (United Kingdom)

195

On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Simon Baxter The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)

488

On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The French Competition Authority and German Federal Cartel Office publish a joint report on big data and its implications for competition law

384

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that antitrust authorities should consider when assessing the interplay among (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)

216

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E - Microsoft / BesTV - Bombardier / CSR Nanjing Puzhen - Suzhou Erye / Shanghai Fosun)

461

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change of control or the establishment of a joint venture . Despite these (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The General Court upholds in its entirety the European Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)

708

In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

Frederic Depoortere The European Commission issues revised best practices for the submission of economic evidence and data collection in competition cases - Questions on early data gathering in merger cases

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Economic evidence and analysis at the early stages of EU merger control proceedings* “In appropriate cases, DG Competition may discuss in advance with the addressees or other affected parties the scope and the format of the Data Request. DG Competition may also explain the analysis that it (...)

Frederic Depoortere The EU Commission clears in phase I a merger in the silicon sector examining possible coordination by the Chinese State of market behaviour of Chinese State-owned companies (China National Bluestar/Elkem)

634

How to deal with Chinese State-owned Enterprises under the EUMR?* On 13 September, the Commission published its decision of 31 March 2011 in China National Bluestar/Elkem. After DSM/Sinochem/JV (decision of 10 May but published in June), this was the second published decision which dealt in (...)

Frederic Depoortere The European Commission clears in phase II a merger in the sunflower seeds business following an Art. 22 request from Spain and Hungary (Syngenta/Monsanto)

382

Syngenta/Monsanto Sunflower Seeds – More Analysis, Please* The European Commission’s Phase II decision of 17 November 2010 concerning Syngenta’s acquisition of Monsanto’s sunflower seeds business raises a number of questions. First, it took the European authorities long to decide who should (...)

Frederic Depoortere, James S. Venit The European Court of Justice holds that in-house lawyers are not protected by legal professional privilege in antitrust investigations (Akzo)

268

On September 14, 2010, the Court of Justice (the Court) issued its judgment in Akzo v. Commission (Case C-550/07 P, hereinafter the Judgment) dismissing an appeal brought by Akzo Nobel Chemicals Ltd. (Akzo) against a judgment of the Court of First instance (now the General Court) of September (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court confirms fine imposed by the European Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)

180

On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

Frederic Depoortere The European Commission clears two mergers in the air and sea transport sector addressing the issue of pre-existing cooperation agreements (Iberia / British Airways - DFDS / Norfolk)

349

The power of pre-existing agreements* In two recent decisions, the Commission considered the impact of cooperation agreements that the notifying parties had entered into before the notified transaction and came to two different conclusions. In Iberia/British Airways (decision of 14 July (...)

Frederic Depoortere The EU General Court refuses to order interim measures in a case involving the air transportation sector addressing the issues of the implementation of a concentration and powers of the Commission under the EU Merger Regulation 139/2004 (Ryanair / Aer Lingus)

408

The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court imposes a high burden on the European Commission to refuse access to its confidential records (Editions Odile Jacob)

144

On June 9, 2010, the EU’s General Court (Court) issued its judgment on an appeal by Editions Odile Jacob (EOJ) against a decision by the European Commission (the Commission) refusing to disclose certain documents relating to the Commission’s review under the EC Merger Regulation of the (...)

Frederic Depoortere, Gary A. MacDonald, Ian G. John, Joseph F. Ciani-Dausch The US FTC and DoJ releases for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis

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As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new (...)

Frederic Depoortere The EU Commission clears in phase I a merger in the internet search market addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)

533

Microsoft/Yahoo! – the concept of a concentration* The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition of a concentration under the Merger Regulation. (...)

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