Tim Kasten

Van Bael & Bellis (Brussels)
Lawyer (Partner)

Tim Kasten is a partner in the Brussels office. Tim specialises in all aspects of EU competition law, with a particular emphasis on the areas of abuse of dominance, cartels and other horizontal agreements, distribution and licensing agreements, and mergers. Tim routinely represents clients in investigations before the European Commission and in litigation before the EU Courts. His clients have included both companies (e.g., Dole, Microsoft, Stora Enso, and Thai Airways) and trade associations (e.g., the Association for Competitive Technology) in proceedings involving Articles 101 and 102 TFEU. In addition, he has been called on to provide assistance to local counsel in proceedings before EU Member States and internationally. Tim also routinely assists clients in ensuring that their distribution systems, agreements, and unilateral practices comply with EU competition rules. Among others, he has represented Intel, Microsoft, Nike and various automobile producers in such matters. In addition, Tim has been asked to provide expert opinions to various organisations, including European standard-setting bodies. Tim also regularly publishes and speaks on competition law matters.

Linked author

Practising Law Institute

Articles

19881 Bulletin

Tim Kasten The EU Court of Justice publishes details of a request by a Portuguese Court for a preliminary ruling regarding discriminatory pricing (Serviços de Comunicações e Multimédia)

92

On 16 January 2017, details of a request by a Portuguese court for a preliminary ruling from the Court of Justice of the European Union (“ECJ”) were published in the Official Journal on questions relating to abusive discriminatory pricing under Article 102(c) TFEU. The request was issued in (...)

Tim Kasten The Belgian Competition Authority rejects a request to suspend an acquisition that was not subject to prior notification in the brewery sector (Alken-Maes / Boatels / AB InBev)

120

On 21 November 2016, the Competition College of the Belgian Competition Authority (“BCA”) rejected a request of Brouwerijen Alken-Maes (“Alken-Maes”) to suspend the acquisition of Brouwerij Bosteels (“Bosteels”) by Anheuser-Busch InBev NV (“AB InBev”). AB InBev’s takeover of Bosteels was not subject (...)

Tim Kasten Advocate General Wahl recommends that the EU Court of Justice grant an appeal against the judgement of the General Court, which had upheld a decision of the European Commission imposing a fine of € 1.06 billion for abuse of a dominant position (Intel)

327

On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

Tim Kasten The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)

103

On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

Tim Kasten The German Federal Cartel Office terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)

133

By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

Tim Kasten The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)

92

In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July 2015, the FCO (...)

Tim Kasten A Dutch court issues a preliminary judgment in a dispute between a multinational food and beverage producer and a candy bars producer concerning discount practices with service stations (Mars / Nestlé)

134

On 7 August 2013, a Dutch court issued a preliminary judgment in a dispute between Nestle, the multinational food and beverage producer, and Mars, the producer of candy bars. The dispute concerns the discount practices of Mars in its relationship with service stations. Under these (...)

Tim Kasten The European Commission sends statement of objections to an operator for allegedly discriminating against foreign companies in the Romanian market for power exchanges (OPCOM, CNTEE Transelectrica)

89

On 30 May 2013, the European Commission announced that it had issued a Statement of Objections against OPCOM S.A. and its parent company CNTEE Transelectrica S.A. regarding OPCOM’s business practice of requiring OPCOM’s electricity spot market participants to hold a Romanian VAT (...)

Tim Kasten The English High Court dismisses interim injunction in abuse of dominance case concerning refusal to supply in HIV prescription medicines market (Chemistree Homecare / Abbvie)

96

On 11 February 2013, the English High Court dismissed an application for an interim injunction in an abuse of dominance case concerning an alleged refusal to supply a patented HIV prescription medicine. Chemistree Homecare Ltd (the “claimant”) had applied for an interim injunction against (...)

Tim Kasten The Belgian College of Competition Prosecutors finds that energy company abused its dominant position on the market for the generation, wholesale and trading of electricity (Electrabel)

110

On 7 February 2013, the Belgian College of Competition Prosecutors filed a reasoned report with the Competition Council, finding that the energy company Electrabel abused its dominant position primarily by withholding capacity and thus artificially drove up prices on the market for the (...)

Tim Kasten The German Federal Court of Justice clarifies conditions for invoking “legal impossibility” as justification for refusal to grant access to an essential facility (Scandlines)

96

By judgment of 11 December 2012, recently published, the German Federal Court of Justice (“BGH”) annulled the judgment of the Higher Regional Court of Düsseldorf (“OLG Düsseldorf”) of 7 December 2011 and ruled that Scandlines Deutschland GmbH (“Scandlines”), which is the owner of the ferry port (...)

Tim Kasten The EU Commission sends SOs to software company regarding failure to comply with commitments relating to web browsers and identifies additional issues relating to release of new software (Microsoft)

73

On 24 October 2012, the European Commission announced that it sent a Statement of Objections (“SO”) to Microsoft informing the company of the Commission’s preliminary view that Microsoft failed to comply with its commitments designed to enable users to more easily choose their preferred web (...)

Tim Kasten The European Commission initiates proceedings against a gas supplier and its subsidiaries for alleged abuse of dominance in the Bulgarian natural gas markets (Bulgarian Energy Holding)

102

In a press release of 5 July 2012, the Commission announced that it opened proceedings against Bulgarian Energy Holding (“BEH”), its gas supply subsidiary Bulgargaz, and its gas infrastructure subsidiary Bulgartransgaz. The Commission stated that it has concerns that BEH and its (...)

Tim Kasten The German Competition Authority clarifies that examination of a company’s pricing elements can be sole legal test in determining excessive pricing (Water supplier)

106

By decision of 15 May 2012, recently published, the German Federal Court of Justice (“the Court”) annulled a decision of the Higher Regional Court of Stuttgart (“HRCS”), by which the latter had annulled a decision of the federal cartel office (“FCO”) finding that a dominant water supplier had (...)

Tim Kasten The EU Commission sends statement of objections to telecom operators regarding their behaviour on several wholesale broadband markets in Slovakia (Slovak Telekom, Deutsche Telekom)

80

On 8 May 2012, the European Commission announced that it had issued a statement of objections to Slovak Telekom a.s. and its parent company, Deutsche Telekom AG, regarding their behaviour on several wholesale broadband markets in Slovakia. According to the Commission’s press release, the (...)

Tim Kasten The EU General Court confirms the EU Commission’s decision to drop its antitrust investigation into manufacturers of ink-jet printers for alleged abuse of dominance (EFIM)

83

On 24 November 2011, the General Court ("GC") handed down its judgment in EFIM v. Commission. In its ruling, the GC dismissed an action by the European Federation of Ink and Ink Cartridge Manufacturers (“EFIM”) against a previous 2009 European Commission decision to drop its antitrust (...)

Sean Gerlich, Tim Kasten The ECJ Advocate General Mázak adopts opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)

84

On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging in a (...)

Sean Gerlich, Tim Kasten The Cypriot Competition Commission fines telecommunications incumbent for refusing access to essential facility (Cyprus Telecommunications Authority)

116

In a published decision of 12 January 2010, the Cypriot Commission for the Protection of Competition (“CPC”) concluded that the Cyprus Telecommunications Authority (“CYTA”) abused its dominant position in the premium SMS (short messaging services of added value) market in breach of the applicable (...)

Sean Gerlich, Tim Kasten A German Court orders the dominant German railway network provider to reimburse additional fees charged for the ad hoc use of the railway network (Deutsche Bahn)

81

In its judgment of 14 October 2009, the Higher Regional Court of Düsseldorf (“Court”) held that additional fees charged by the dominant German railway network provider (“defendant”) to a company active in the field of railway freight transportation (“claimant”) for the ad hoc use of the railway (...)

Sean Gerlich, Tim Kasten The European Court of Justice dismisses an appeal against the European Court of First Instance’s judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case)

130

On 16 July 2009, the European Court of Justice (ECJ) issued its judgment in the appeal of Duales System Deutschland (DSD) against a 2007 judgment of the Court of First Instance (CFI), which had upheld a Commission decision finding that the German recycling company’s licensing scheme for its (...)

Sean Gerlich, Tim Kasten The Spanish Competition Authority fines a telecommunication operator for concluding contracts of excessive duration and offering abusive bundled rebates (Abertis)

198

On 19 May 2009, the Spanish Competition Authority adopted a decision against Abertis for concluding contracts of excessive duration and offering bundled rebates contrary to Article 82 EC and the Spanish equivalent provision. Abertis is a group of undertakings active in the management of various (...)

Sean Gerlich, Tim Kasten The European Commission opens proceedings against Swedish electricity transmission system operator concerning limitations on capacity for electricity exports (Svenska Kraftnät)

46

On 23 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Svenska Kraftnät (“SvK”), the Swedish electricity transmission system operator, for possible breaches of Article 82 EC. SvK is a State-owned central administrative authority in Sweden (...)

Sean Gerlich, Tim Kasten The French Competition Authority dismisses application for interim measures against a leading mobile telephony operator in bundling case (Orange)

100

On 2 April 2009, the French Competition Authority dismissed SFR‘s application for interim measures against Orange concerning the latter’s bundled offer of its broadband and «Unik« mobile telephony services. Orange‘s «Unik« package is characterised by the convergence between fixed and mobile telephony: (...)

Sean Gerlich, Tim Kasten The ECJ Advocate General Bot recommends dismissing a recycling company’s appeal for abusive judgment (Der Grüne Punkt - Duales System Deutschland)

88

On 31 March 2009, Advocate General Bot delivered his opinion in the appeal of Duales System Deutschland (“DSD”) against a 2007 CFI judgment holding that the German recycling company’s licensing scheme for its “Green Dot” logo constituted an abuse of a dominant position. The Advocate General (...)

Sean Gerlich, Tim Kasten The Slovak Competition Authority upholds fine against incumbent telecommunications operator for “margin squeeze” practices (Slovak Telecom)

110

In a recently published decision of 27 March 2009, the Slovakian Competition Authority (“CA”) upheld a first instance decision of 28 October 2008 imposing a fine of approximately € 2.4 million on Slovak Telecom (“ST”), the incumbent provider of telecom services in Slovakia. The investigation dates (...)

Sean Gerlich, Tim Kasten The European Commission opens formal proceedings against a financial company regarding its use of securities identification numbers (Standard & Poor’s)

103

On 12 January 2009, the Commission announced that it has opened formal proceedings into Standard & Poor’s (“S&P”) licensing conditions regarding International Securities Identification Numbers (“ISINs”). ISINs are unique identifiers for securities issued throughout the world, and S&P is (...)

Sean Gerlich, Tim Kasten The ECJ Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom)

91

On 25 September 2008, Advocate General Mazák issued his opinion in France Télécom‘s appeal of the judgment of the Court of First Instance (CFI). This judgment upheld a Commission decision which concluded that France Télécom had abused its dominant position on the French market for high-speed Internet (...)

Sean Gerlich, Tim Kasten The Paris Court of Appeal confirms interim measures imposed by French NCA in an abuse of dominance case in the generic pharmaceutical sector (Arrow / Schering-Plough)

105

On 5 February 2008, the Paris Court of Appeal rejected Schering-Plough’s appeal against the French Competition Council’s interim decision of 11 December 2007. In that decision, the Competition Council had ordered Schering-Plough to publish a text in two medical magazines confirming the (...)

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