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Damien Gerard

Belgian Competition Authority (Brussels)

Prosecutor General

Damien Gerard joined the Belgian Competition Authority as Prosecutor General on the 1st of December 2021. Beforehand, he worked as an official in the Directorate-general for Competition of the European Commission (DG COMP) and practiced EU and Belgian competition law for more than ten years in the Brussels office of an international law firm. Damien Gerard teaches EU Competition Law at UCLouvain, where he was also a researcher at the Center for International and European Law (CeDIE) for a number of years, as well as at the College of Europe, where he was the director of the Global Competition Law Center (GCLC) from 2014 to 2019. An honorary member of the Brussels Bar and member of the New York Bar, Damien Gerard is a graduate of UCLouvain (J.D., 2000 and Ph.D, 2014), of New York University School of Law (LL.M, 2003) and of the College of Europe (M.A., 2001). He also attended Harvard Law School as Fulbright-Schuman Visiting Research Scholar (IGLP, 2010) and the European University Institute as Max Weber Fellow (EUI, 2015). Damien Gerard clerked for Judge Koen Lenaerts of the European Court of Justice in 2003-2004.

Distinctions

Nominee, 2014 Antitrust Writing Awards: Academic, General Antitrust

Nominee, 2012 Antitrust Writing Awards: Academic, General Antitrust

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Suzanne Jude

Belgian Competition Authority (Brussels)

Belgium 12 contributions 22336 visits

3284 | Events

22 Jun 2023 Paris 2023 New Frontiers of Antitrust Conference See documents

14 Nov 2022 Online M&A and Digital: A More Dynamic Approach? See documents

22 Sep 2022 Brussels Global Antitrust Hot Topics EU, US & Global Perspectives See documents

Articles

4043 Bulletin

Damien Gerard The EU Commission relies on antitrust enforcement to regulate leading web search engine (Google Shopping)

5 February 2014 477

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 (...)

Damien Gerard The Belgian Supreme Court upholds the severability of anticompetitive provisions in a distribution agreement (Bauer / Dubraco)

28 June 2012 639

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 (...)

Damien Gerard The EU Court of Justice applies the effects-based approach to claim of exclusionary pricing abuse (Post Danmark)

27 March 2012 275

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 (...)

Damien Gerard The EU Court of Justice Advocate General Kokott renders her opinion in the Czech gas insulated switchgear case holding that the principle ne bis in idem does not preclude National Competition Authority’s from prosecuting the same cartel with respect to different territories or periods (Toshiba)

8 September 2011 668

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 EU Court of Justice Advocate General Sharpston addresses the scope of the EU Courts’ jurisdiction over antitrust cases and fines (KME)

10 February 2011 1039

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 (...)

Damien Gerard The EU Competition Commissioner speaks on due process and competition enforcement underlining the importance of judicial review by European Courts

17 September 2010 438

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 (...)

Damien Gerard The EU 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)

29 June 2010 507

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 (...)

12672 Review

Damien Gerard Damien Gerard (Belgian Competition Authority): For a rigorous and effective competition policy anchored in market realities

September 2023 1348

Interview conducted by Isabel Rooms, Partner, Cleary Gottlieb Steen & Hamilton. Since becoming Prosecutor General of the Belgian Competition Authority in December 2021, Damien Gerard and his team have not been idle. The authority has been dealing with a flurry of merger reviews, (...)

Eleanor M. Fox, Damien Gerard EU Competition Law: Cases, Texts and Context, FOX Eleanor M. and GERARD Damien

September 2023 464

his 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 (...)

Ioannis Lianos, Damien Gerard Handbook on European Competition Law: Enforcement Procedure, Ioannis LIANOS and Damien GERARD

February 2014 95

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 (...)

Damien Gerard, Massimo Merola, Bernd Meyring The Notion of Restriction of Competition: Revisiting the Foundations of Antitrust Enforcement in Europe, Damien GERARD, Massimo MEROLA and Bernd MEYRING

May 2017 91

Damien Gerard, Assimakis Komninos Remedies in EU Competition Law: Substance, Process and Policy, Damien GERARD and Assimakis KOMNINOS

November 2020 120

Damien Gerard Damages Claims for the Infringement of EU Competition Law

December 2015 3644

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 (...)

Damien Gerard EC competition law enforcement at grips with the financial crisis: Flexibility on the means, consistency in the principles

February 2009 6910

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 (...)