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 Deputy Head of Unit for Merger Control at the European Commission. He is also an adjunct professor at the University of Louvain 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
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The Google commitments and the transformation of EU antitrust enforcement* The proceedings brought by the European Commission against Google are nearing a – provisional – end with the prospect of a decision making binding on Google a revised set of commitments (see here for the Commission (...)
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On June 28, 2012, the Belgian Supreme Court (Hof van Cassatie/Cour de Cassation) rendered a short judgment in a contractual dispute involving a distribution agreement entered into in 1993 by Bauer, a German manufacturer of compressors, and its Belgian distributor Dubraco. In essence, the (...)
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Looking back at a 2012 highlight: Post Danmark* Looking back at 2012 antitrust developments and browsing through this blog, I was surprised not to see any posting on what was in my view a major highlight of the past year, namely the EU Court of Justice (ECJ) judgment in Post Danmark (...)
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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 (...)
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AG Sharpston’s Opinion in KME: a new step toward full appellate jurisdiction in antitrust cases (imposing fines)?* On February 10, Advocate General (AG) Sharpston issued her Opinion in the KME case (C-272/09 P – here), an appeal brought before the European Court of Justice (ECJ) against a (...)
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The scope of judicial review in question* In a speech delivered on 17 September 2010 at the IBA annual competition conference, Commissioner Almunia engaged the audience on the sensitive topic of due process and competition enforcement. Among the reasons justifying his overall satisfaction with (...)
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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 (...)
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This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
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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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La crise financière constitue actuellement la préoccupation majeure des dirigeants politiques et économiques en Europe et dans le monde. Elle a fait l’objet de nombreux commentaires ces derniers mois, en ce compris à propos de la contribution de l’Union européenne à la définition d’une possible (...)
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