Martin Favart

Van Bael & Bellis (Brussels)
Lawyer (Partner)

Martin Favart joined Van Bael & Bellis as an associate in 1997. In 2001/2002, he was seconded as in-house counsel to the Brussels-based subsidiary of a worldwide bottler and distributor of soft drinks. He was made a partner in 2006. Martin Favart divides his time between competition law and Belgian business law. As regards competition law, he focuses in particular on abuses of dominance and cartels. He has represented international clients in numerous competition cases at the EU and Belgian levels. His competition law experience covers a wide variety of sectors (basic industries, beverages and foodstuffs, automobiles, building materials, chemicals, electronics, information and communications technology) and includes notifications, litigation before the European and national courts and counselling. For instance, Martin Favart has assisted companies in a number of cartel cases, including Plasterboard, International Removal Services, in which the Commission granted an exceptional fine reduction of 70% to his client, and Choline Chloride, in which the CFI reduced his client UCB’s fine by 90%. Martin Favart has represented companies accused of abuse of dominance in various proceedings such as, for instance, Michelin before the Commission and the European Courts and Coca-Cola Enterprises Belgium before the Belgian Competition Council. Martin Favart also represents companies in EU and Belgian merger clearance proceedings as notifying parties or interested third parties. As a Belgian business lawyer, Martin Favart handles both advisory files and litigation cases in a wide range of commercial matters with a special emphasis on contracts, distribution, trade practices, marketing and corporate. Martin Favart speaks English, French, Dutch and Spanish.

Articles

12339 Bulletin

Martin Favart The EU Commission plans new antitrust law under 2017 work programme

92

On 25 October 2016, the European Commission published its annual Work Programme: Delivering a Europe that protects, empowers and defends. As part of the Commission’s plans for creating a deeper and fairer internal market with a strengthened industrial base, antitrust enforcers are expected to (...)

Martin Favart The EU Commission publishes study on the passing-on of overcharges

125

On 25 October 2016, the European Commission’s Directorate-General for Competition (“DG Comp”) published an expert study on potential approaches for national courts to assess the passing-on of overcharges in competition litigation (“the Study”). The Study aims to provide judges and practitioners (...)

Martin Favart The Belgian Competition Authority adopts new leniency guidelines

178

On 1 March 2016, the board of the Belgian Competition Authority (“BCA”) adopted new guidelines concerning the leniency regime under Belgian competition law. These new leniency guidelines re ect a number of developments that have taken place since the adoption of the 2007 guidelines. The BCA had (...)

Martin Favart The French National Assembly adopts draft law on class actions

57

On 3 July 2013, the French National Assembly adopted at first reading a draft law in relation to consumer affairs. Among the proposals, the draft law seeks to introduce into the French legal system a class action procedure. The draft law seeks to introduce legislation aimed at (...)

Martin Favart The EU Commission revises guidance on conduct of dawn raids

103

On 18 March 2013, the Commission published revised guidance on the conduct of on-the-spot inspections at the business premises of companies suspected of having engaged in anti- competitive behaviour. The main aim of the revision is to reflect rapid technological changes in the last few (...)

Martin Favart The Belgian Parliament adopts two bills to reform competition act

35

On 27 December 2012, the Belgian federal government introduced two draft bills aimed at reforming Belgian competition law. These bills are expected to be adopted in February 2013 but will not enter into force before 1 April 2013 at the earliest. While the draft legislation does not (...)

Martin Favart The Belgian Competition Council adopts new fining guidelines

37

In a press release issued on 6 January 2012, the Belgian Competition Council announced the adoption on 19 December 2011 of new Guidelines regarding the calculation of fines for EU and Belgian competition law infringements. The Guidelines describe the methodology that the Competition (...)

Martin Favart The President of the EU General Court dismisses applications for suspension of Commission’s requests for information (Cemex, Heidelberg Cement, Holcim, Cementos Portland Valderrivas)

59

On 29 July 2011, the President of the General Court dismissed applications by four cement companies – Cemex, HeidelbergCement, Holcim and Cementos Portland Valderrivas – for interim measures to suspend requests for information addressed by the Commission under Article 18 of Regulation 1/2003 in (...)

Martin Favart The European Parliament publishes draft report on collective redress

59

On 15 July 2011, the European Parliament published a draft report on collective redress (the “Draft Report”) prepared for its Committee on Legal Affairs (JURI Committee). This follows the public consultation launched by the European Commission in February 2011 aimed at identifying common legal (...)

Martin Favart A German Court asks the Constitutional Court to review provisions of competition law requiring companies to pay interest accrued to antitrust fines (Gothaer Versicherung)

67

On 30 May 2011, the Higher Regional Court in Düsseldorf asked the Federal Constitutional Court to review the constitutionality of certain procedural provisions of the German Competition Act. The Düsseldorf Court had doubts whether the accretion of interest to antitrust fines was compatible with (...)

Martin Favart The French Competition Authority publishes new fining notice

68

On 17 May 2011, the French Competition Authority published the final version of its new notice on the method of setting fines for competition law infringements (the "Fining Notice"). This document aims to enhance transparency on the method followed by the French Competition Authority when (...)

Martin Favart The Greek Parliament adopts new competition act

32

On 12 April 2011, the Greek Parliament adopted a new legislative framework governing competition law. The Competition Protection Act (“CPA”) replaces Law No. 703/1977 and introduces a number of noteworthy amendments to the Greek competition law regime. In a bid to ensure consistency with the (...)

Martin Favart The UK Supreme Court declines to hear a further appeal against a ruling of the Court of Appeal rejecting a company‘s move to sue its directors and employees in order to recover competition fines payable to the OFT (Safeway)

54

On 6 April 2011, it was reported that the UK Supreme Court has declined to hear a further appeal by Safeway against a ruling of the UK Court of Appeal rejecting Safeway‘s move to sue its directors and employees in order to recover competition fines payable to the UK competition regulator, the (...)

Martin Favart A German District Court dismisses a company attempt to have its former subsidiary ordered to pay a fine imposed by the European Commission (Evonik Degussa, Stahl-Metallurgie)

44

On 16 March 2011, the German District Court of Munich handed down a judgment in which it rejected a claim by Evonik Degussa GmbH (“Evonik”) that its former subsidiary SKW Stahl-Metallurgie GmbH (“SKW”) should be ordered to pay the € 1.04 million fine which the European Commission had imposed on both (...)

Martin Favart An Italian Court rules that antitrust fines are tax deductible

21

The Provincial Tax Court of Milan (“Tax Court”) has recently delivered a controversial ruling on the possibility for companies to deduct antitrust fines as business expenses for tax purposes. The Tax Court considered that since an anticompetitive practice increases a company’s revenues, there is (...)

Martin Favart The European Commission publishes its work programme for 2011

30

On 27 October 2010, the Commission published its work programme for 2011. This sets out the strategic new initiatives that the Commission promises to deliver in 2011, as well as a number of other possible initiatives which are due to be completed under the current Commission’s mandate and a list (...)

Martin Favart The Dutch Competition Authority adopts new guidelines on dawn raids

36

On 16 August 2010, the Dutch Competition Authority (the “NMa”) published new guidelines on dawn raids. These guidelines were adopted after a consultation round among stakeholders held at the beginning of 2010. These guidelines amend and replace the NMa‘s former guidelines on dawn raids of December (...)

Martin Favart The European Regulators Group for Electricity and Gas and the Council of European Energy Regulators publish a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008

53

On 14 January 2010, the European Regulators Group for Electricity and Gas (ERGEG) and the Council of European Energy Regulators (CEER) published a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008. The report highlights a (...)

Martin Favart The European Parliament adopts telecoms reform package

31

On 25 November 2009, the European Parliament formally approved the “Telecoms Reform Package”, proposed by the Commission in November 2007, to reform the EU’s current regulatory framework for electronic communications. In a press release issued on the same day, the Commission has welcomed the final (...)

Martin Favart The European Court of Justice dismisses applications to intervene in an appeal against a Commission decision not to grant legal privilege to two sets of documents copied by the Commission in the course of a dawn raid (Akzo Nobel)

53

The European Court of Justice (ECJ) has dismissed applications to intervene in an appeal by Akzo Nobel Chemicals Ltd (Akzo) and Akcros Chemicals Ltd (Akcros) against a Commission Decision not to grant legal privilege to two sets of documents copied by the Commission in the course of a dawn (...)

Martin Favart The European Court of Justice dismisses appeal against rejection of complaint with respect to collective management of copyright for musical works in Greece (AEPI)

122

On 23 April 2009, the European Court of Justice (“ECJ”) dismissed the appeal brought by AEPI against a judgment of the Court of First Instance (“CFI”) upholding the Commission’s decision to reject a complaint lodged by AEPI, a Greek entity in charge of collective management of intellectual property (...)

Martin Favart The Lithuanian Parliament amends its competition act

43

On 25 April 2009, an amendment to the Lithuanian Competition Act entered into force. The amendment, which implements Regulation 1/2003 on the implementation of the competition rules laid down in Articles 81 and 82 EC, brings Lithuanian competition law in line with EC competition law. The main (...)

Martin Favart The European Parliament adopts report on White Paper on damages

49

On 26 March 2009, the European Parliament adopted a resolution supporting the European Commission’s White Paper on damages actions for breach of EC antitrust rules, backing a report of the European Parliamentary Committee on Economic and Monetary Affairs (ECON Committee) of 2 March 2009, setting (...)

Martin Favart The new French Competition Authority helds its first meeting

23

On 2 March 2009, the new French Competition Authority held its first meeting, since the transfer of competences provided for in the French law on modernisation of the economy (LME) adopted on 4 August 2008. The LME established a new single Competition Authority consolidating the powers and (...)

Martin Favart The Estonian Government presents draft leniency programme

30

The Estonian Ministry of Justice recently set out draft amendments to its leniency programme, which aim at increasing the number of cartels being uncovered and to allow cartel participants greater security with regard to the receipt of immunity for informing the authorities of a cartel. (...)

Martin Favart The Norwegian Government proposes amendment to leniency rules

49

The Norwegian Ministry of Government Administration and Reform has proposed amendments to the Norwegian leniency regime in order to make the fight against cartels more effective. The proposal issued in December 2008 sets out three principal changes. Firstly, the scope of the leniency rules (...)

Martin Favart The Bulgarian Competition Authority introduces a leniency programme

38

In February 2009, the Bulgarian Commission on Protection of Competition (CPC) introduced a programme on immunity from and reduction of fines in cartel cases (Leniency Programme). The Leniency Programme, which provides an opportunity for applicants to receive immunity from fines or a significant (...)

Martin Favart The Polish Government adopts new leniency regime

64

A new Polish government leniency regulation (the "Leniency Regulation") entered into force on 24 February 2009. By adopting certain elements of the ECN Model Leniency Programme, the Leniency Regulation facilitates applications for immunity or a reduction to a fine and gives potential applicants (...)

Martin Favart The Polish Competition Authority introduces new fining guidelines

71

On 1 January 2009, Poland applied new fining guidelines to competition law infringements. The new guidelines aim at increasing transparency in the way in which antitrust sanctions are set by the Polish Office of Competition and Consumer Protection (the “OCCP”). The guidelines introduce specific (...)

Martin Favart The European Court of First Instance rejects damages claim for losses suffered as a result of the annulment of the Commission’s decision to prohibit a merger (MyTravel)

116

On 9 September 2008, the Court of First Instance ("CFI") dismissed in its entirety the damages action brought by MyTravel (formerly Airtours) for losses resulting from its inability to complete its bid for First Choice as a result of the Commission’s prohibition of the Airtours/First (...)

Martin Favart The French Parliament amends the merger control procedure

75

The provisions of the French law of 4 August 2008 aimed at modernising the French economy, which establish a new single Competition Authority and modify substantive rules on French merger control, have now come into force, with the publication of the implementing ordinance of 13 November 2008. (...)

Martin Favart The Swedish Parliament adopts a new Competition Act

45

On 12 June 2008, the Swedish Parliament adopted a new Competition Act, which is said to give the current Swedish Competition Act of 1993 a “thorough facelift”. According to a press release from the Swedish Competition Authority, the new rules will bring Swedish competition law more closely in (...)

Martin Favart The Hungarian Parliament adopts amendments to the Competition Act

49

On 2 June 2008, the Hungarian Parliament adopted amendments to the Hungarian Competition Act. The amendments will enter into force in September 2008. The most important modifications concern leniency, damages actions and merger control. The Hungarian leniency regime will be integrated in the (...)

Martin Favart The European Parliament reports on sector inquiry on retail banking

69

On 15 May 2008, the European Parliament’s Committee on Economic and Monetary Affairs published an explanatory report on the European Commission’s sector inquiry on retail banking and voted in favour of a Parliamentary Resolution. The Committee welcomes the Commission’s focus on the efficiency and (...)

Martin Favart The Latvian Parliament amends national competition law

55

On 16 April 2008, substantive amendments to the Latvian Competition Law entered into force with respect to merger control, abuse of dominant position and the powers of the Latvian Competition Council. In merger control, the notification requirement for a merger between parties’ with a combined (...)

Martin Favart The EU Member States adopts a new treaty

23

Following its ratification by the Czech Republic, the last Member State to do so, the Treaty of Lisbon enters into force on 1 December 2009. On 30 October 2009, at the European Council, EU leaders agreed to offer the Czech Republic an opt-out from the EU’s Charter of Fundamental Rights, the same (...)

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