Van Bael & Bellis (Brussels)

David Hull

Van Bael & Bellis (Brussels)
Partner

David Hull is a highly-experienced competition lawyer, having started practicing competition law in Brussels in 1984. He specializes in representing clients in complex investigations before the European Commission and in litigation before the European Courts. Notable cases include Lundbeck (first EU case on “reverse-payment” patent settlements); Cathode Ray Tubes (appeal of cartel decision); Ryanair (appeal of Commission’s decision blocking takeover of Aer Lingus); Akzo (legal privilege); Bitumen (appeal of fine imposed in cartel case); and Microsoft (appeal of fine imposed for alleged non-compliance with Commission decision). He teaches competition law at the University of Liège and the Brussels School of Competition.

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Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis
Van Bael & Bellis (Brussels)

Articles

4849 Bulletin

Barbara Monti, David Hull, Nicole Sunderlin The EU General Court annuls in its entirety the Commission’s decision to fine a chipmaker €1B for exclusivity payments to a smartphone manufacturer on the grounds that the economic analysis was unsubstantiated and procedural errors undermined the rights of the defence (Qualcomm)

46

On 15 June 2022, the General Court of the European Union (“GC”) upheld all of Qualcomm’s arguments and therefore annulled the decision of the European Commission (“Commission”) fining Qualcomm € 1 billion for abuse of dominant position on the Long-Term Evolution (“LTE”) chipsets market. In (...)

Barbara Monti, Michael Clancy, David Hull The UK Competition Authority publishes its decision to fine a pharmaceutical company £155M for excessive pricing and £111.5M for market exclusion agreements (Auden McKenzie / Actavis)

37

On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

Giovanni Pregno, Barbara Monti, David Hull The Regional Administrative Court of Lazio annuls a decision to fine a online ticket seller €10.8M for abuse of dominance on the grounds that mergers cannot be considered abusive, thus declaring Continental Can inapplicable following the passing of the EUMR (TicketOne)

41

On 24 March 2022, an Italian administrative court (“TAR Lazio” or “court”) annulled the Italian Competition Authority (“ICA”) decision imposing a fine of €10.8 million on several companies belonging to the music ticketing and marketing group CTS Eventim-TicketOne (“TicketOne”) for abuse of its (...)

Barbara Monti, Michael Clancy, David Hull The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis)

197

On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

David Hull The EU Commission refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as a remedy (Lufthansa / SN Airholdings)

1117

On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG («Lufthansa») of SN Airholding SA/NV, the holding company of SN Brussels Airlines («SN Brussels»), subject to commitments. This decision indicates that the Commission is moving towards a more nuanced analysis (...)

19195 Review

David Hull Slot divestitures : The EC refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as remedy (Lufthansa/SN Airholdings)

1987

– Eur. Commission, 22 June 2009, Lufthansa/SN Airholdings, Case COMP/M.5335 On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG (“Lufthansa”) of SN Airholding SA/NV, the holding company of SN Brussels Airlines (“SN Brussels”), subject to commitments. This (...)

David Hull Commitments - Joint venture: The European Commission clears a joint venture between three companies for security solutions for mobile devices subject to commitments (ARM/Giesecke & Devrient ; Gemalto/JV)

203

Comm. eur. dec. art.6, § 1 (b) and art. 6, § 2, R. 139/2004 of 6 November 2012, ARM c/ Giesecke & Devrient/Gemalto c/ JV Trustonic: From the false start to the finish line ---- Mid-December 2012 saw the launch of Trustonic, the joint venture created by ARM, Gemalto and Giesecke & (...)

David Hull Horizontal and vertical effects: The European Commission unconditionally clears a joint venture in the retail business in airports (Aelia/Aéroports de Paris/JV)

501

Eur. Comm, dec. art. 6, §1 (b), Reg. 139/2004, 20 October 2011, Aelia/Aéroports de Paris/JV, case COMP/M.6263 On 20 October 2011, the European Commission gave the go-ahead for the creation of a joint venture between Aelia (controlled by the Lagardère Group) and Aéroports de Paris ("ADP") for the (...)

David Hull Horizontal overlaps: The European Commission unconditionally clears the acquisition of sole control of a German milk producer by a Danish cooperative (Arla Foods/Allgäuland)

285

Eur. Comm. dec. art. 6, §1 (b), Reg. 139/2004, 7 November 2011, Arla Foods/Allgäuland, case COMP/M.6348 Arla, a Danish dairy cooperative, active in the production and sale of several dairy products, has the ambition to become one of the leaders in the German dairy market. It is with this in mind (...)

David Hull Phase II - Risk of non coordinated effects: The European Commission conditionally clears an acquisition in the body care sector after in-depth investigation (Unilever, Sara Lee Body Care)

203

Comm. eur. 8, §2, R.139/2004, of 17 November 2010, Unilever/Sara Lee Body Care, case COMP/M.5658 The European Commission published on 27 January 2012 its decision on the acquisition by Unilever of the personal care business of Sara Lee. It gave its approval subject to conditions on 17 November (...)

David Hull Relevant Market – Commitments : The European Commission refines its market definition for finished dose pharmaceuticals and clears an acquisition in this sector subject to commitments (Teva / Ratiopharm)

1604

– Eur. comm., dec. art. 6(2) Reg. 139/2004, 3 August 2010, Teva/Ratiopharm, case COMP/M.5865 On 3 August 2010, the European Commission cleared, subject to conditions and obligations, the acquisition by Teva Pharmaceutical Industries Limited («Teva») of Merckle GmbH, CT Arzneimittel GmbH and (...)

David Hull Merger clearance - Remedies: The European Commission unconditionally clears a merger on the database market after self-enforcing public pledges alleviating competition concerns (Oracle/Sun Microsystems)

1450

Eur. Comm, 21 January 2010, Oracle/Sun Microsystems, case COMP/M.5529 By its decision of January 21, 2010, the European Commission cleared the acquisition of the US software and hardware vendor Sun Microsystems by the US database company Oracle after a phase 2 procedure, approving what could (...)

David Hull Segmentation of products markets: The French Competition Authority unconditionally clears a merger where, despite a strong market share in a market devoid of brand recognition, significant countervailing buyer power would effectively hinder any anticompetitive unilateral effects (LDC Traiteur/Marie)

2610

Dec. 09-DCC-048 of September 22, 2009, regarding the acquisition by LDC Traiteur of Marie Marie, a company specializing in the production and distribution of food products. By a decision of 22 September 2009, the French Competition Authority (hereinafter ’the Authority’) authorised, without (...)

Books

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