Baker Botts (Brussels)

David Gabathuler

Baker Botts (Brussels)
Legal Consultant

David is a Legal Consultant at Baker Botts in Brussels. He is an EU, competition and trade lawyer with 20 years experience of working on high profile complex legal and economic matters. He has been involved in private practice in many prominent merger, antitrust and cartel investigations across a wide-range of sectors, including the Commission’s prohibition of the proposed merger between UK mobile operators, the in-depth investigation into the Halliburton/Baker Hughes merger, and technology cases involving the licensing of standards essential patents. David is also regularly working in the field of state aid and international trade law. David has also been an antitrust official in DG Competition and the UK competition authority where he worked on antitrust and regulatory investigations in network industries. David started off his career as a legal adviser at the Confederation of British Industry where he advised on EU, competition and trade law.


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2328 Bulletin

Matthew Levitt, Daniel Vasbeck, Leigh Hancher, David Gabathuler The UK Government and the EU Commission issue a Trade and Cooperation agreement providing a set of substantive and procedural rules on subsidy control


On 24 December 2020, the EU and the UK concluded the Trade and Cooperation Agreement (the “TCA”). The TCA, which is still subject to formal ratification by the EU, has been provisionally applied since 1 January 2021. One of the major issues of contention in the negotiations was to what extent (...)

David Gabathuler, Leigh Hancher, Santos Miguel Leyva Rubio, Daniel Vasbeck The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel)


The EU’s State aid procedures are complex and often slow and not always easy to navigate. Many companies may be content to leave the process of obtaining a green light from the European Commission (the “Commission”) to government authorities. Or they may take comfort from the fact that a large (...)

Matthew Levitt, David Gabathuler, Daniel Vasbeck, Leigh Hancher, Brian Byrne, Ella Adler The EU General Court delivers two judgments clarifying how State aid rules apply to national tax rulings and determines whether a transfer pricing ruling in respect of intra-group transactions confers a selective advantage under the State aid rules (Fiat / Starbucks)


On 24 September 2019, the General Court (the ‘Court’) upheld the European Commission’s (the ‘Commission’) ruling ordering Luxembourg to recover EUR 23.1 million from Fiat Chrysler Finance Europe (‘FFT’) and annulled the Commission’s ruling ordering the Netherlands to recover EUR 25.7 million from (...)

David Gabathuler, Wolf Sauter The EU Commission provides clear guidance on the compliance of network sharing in 3rd generation mobile telecommunications systems with EC competition rules (T-Mobile Germany / O2 Germany)(T-Mobile UK / O2 UK)


"Network sharing in 3rd generation mobile telecommunications systems: minding the coverage gap and complying with EC competition rules"* Introduction In February 2002, T-Mobile and O2 notified two agreements that provided for the Parties to cooperate by way of network sharing in the buildout (...)

7110 Review

Frédéric Jenny, Christian Ahlborn, Jeremy Bacharach, Christoph Barth, Christian Bovet, Marcel Boyer, Jacques Buhart, Maria Pilar Canedo Arrillaga, Carpagnano Michele, Daniel A. Crane, Aymeric De Moncuit, Valentine Delaloye, Jacques Derenne, David-Julien dos Santos Goncalves, David Gabathuler, Mark Griffiths, Leigh Hancher, David Henry, Pierre Horna, David Kupka, Siún O’Keeffe, Christian Ritz, Giulio Cesare Rizza, Matthias Schlau, Mario Siragusa, Anastasia Usova, Viala Faustine, Masako Wakui Competition law and health crisis


The unexpected shock provoked by the Covid-19 crisis and the measures taken to limit the spread of the pandemic have affected the functioning of many markets. Throughout the world, competition authorities which, in the last decade, had been enforcing their laws in the context of steady economic (...)

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