Frederic Depoortere

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Lawyer (Partner)

Frederic Depoortere is a Partner in Skadden’s Brussels office. He has more than 20 years experience in merger control both in EU and international antitrust and regulatory aspects of mergers, acquisitions and joint ventures. Mr. Depoortere has worked on numerous international transactions requiring global antitrust and merger control analysis and notifications for international clients. He also deals with general EU competition law issues such as cartels, vertical restraints and dominance. During his career, Mr. Depoortere has been involved in some of the most high-profile and complex merger control cases, including for clients such as E. I. du Pont de Nemours and Company, General Electric Company, Merck KGaA and Nokia Corporation. He also deals with general EU competition law and compliance issues relating to cartels, vertical restraints and dominance. Mr. Depoortere has repeatedly been selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business. He was included in Global Competition Review’s list of the world’s leading 40 competition lawyers under the age of 40. Mr. Depoortere was also named a leading practitioner in his field by Who’s Who Legal: Competition Lawyers & Economists.

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Dentons (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Kirkland & Ellis (New York)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Institut d’économie Industrielle (IDEI)
European Court of Justice (Luxembourg)

Videos

Frederic Depoortere - Antitrust law and policies from Brussels to Washington D.C.: The Atlantic divide
Frederic Depoortere 16 October 2015 Bruxelles

Articles

16317 Bulletin

Niels Baeten, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidies

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The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority (...)

Ingrid Vandenborre, Bill Batchelor, Frederic Depoortere, Giorgio Motta The EU Commission delays merger notifications until further notice and develops emergency State aid response to the COVID-19 outbreak

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As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While airlines, tour operators and event businesses have been among the (...)

Alexander Kamp, Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Nick Wolfe The UK Competition Authority publishes its guidance on its functions under the withdrawal agreement setting out the regulator’s approach during the Brexit transition period

29

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that will run until at least through December (...)

Melissa Healy, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor The UK CAT confirms a deferential standard for the Competition Authority in its merger prohibitions (Tobii)

67

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger prohibitions. The CMA is widely regarded as a thought leader among merger control (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Thorsten Goetz, Ingrid Vandenborre The UK FCA issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave / Newton / RAMAM)

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The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one. It sets the FCA up as a strict enforcer on the type of information that competing investors can share when making (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Michael J. Frese, Simon Baxter The EU Court of Justice deals a blow to the EU Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)

564

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

Alex Jupp, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, James Anderson, Jonathon J. Egerton-Peters, Niels Baeten The EU Commission opens an in-depth investigation into statutory rules exempting some financing incomes earned by foreign subsidiaries (United Kingdom)

312

On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Simon Baxter The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)

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On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)

317

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E) (Microsoft / BesTV) (Bombardier / CSR Nanjing Puzhen) (Suzhou Erye / Shanghai Fosun)

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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The General Court upholds in its entirety the Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)

795

In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

Frederic Depoortere The European Commission issues revised best practices for the submission of economic evidence and data collection in competition cases - Questions on early data gathering in merger cases

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Economic evidence and analysis at the early stages of EU merger control proceedings* “In appropriate cases, DG Competition may discuss in advance with the addressees or other affected parties the scope and the format of the Data Request. DG Competition may also explain the analysis that it (...)

Frederic Depoortere The EU Commission clears in phase I a merger in the silicon sector examining possible coordination by the Chinese State of market behaviour of Chinese State-owned companies (China National Bluestar/Elkem)

690

How to deal with Chinese State-owned Enterprises under the EUMR?* On 13 September, the Commission published its decision of 31 March 2011 in China National Bluestar/Elkem. After DSM/Sinochem/JV (decision of 10 May but published in June), this was the second published decision which dealt in (...)

Frederic Depoortere The EU Commission clears in phase II a merger in the sunflower seeds business following an Art. 22 request from Spain and Hungary (Syngenta / Monsanto)

432

Syngenta/Monsanto Sunflower Seeds – More Analysis, Please* The European Commission’s Phase II decision of 17 November 2010 concerning Syngenta’s acquisition of Monsanto’s sunflower seeds business raises a number of questions. First, it took the European authorities long to decide who should (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court confirms fine imposed by the Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)

308

On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

Frederic Depoortere The European Commission clears two mergers in the air and sea transport sector addressing the issue of pre-existing cooperation agreements (Iberia / British Airways - DFDS / Norfolk)

377

The power of pre-existing agreements* In two recent decisions, the Commission considered the impact of cooperation agreements that the notifying parties had entered into before the notified transaction and came to two different conclusions. In Iberia/British Airways (decision of 14 July (...)

Frederic Depoortere The EU General Court refuses to order interim measures in a case involving the air transportation sector addressing the issues of the implementation of a concentration and powers of the Commission under the EU Merger Regulation 139/2004 (Ryanair / Aer Lingus)

451

The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court imposes a high burden on the Commission to refuse access to its confidential records (Editions Odile Jacob)

188

On June 9, 2010, the EU’s General Court (Court) issued its judgment on an appeal by Editions Odile Jacob (EOJ) against a decision by the European Commission (the Commission) refusing to disclose certain documents relating to the Commission’s review under the EC Merger Regulation of the (...)

Frederic Depoortere, Gary A. MacDonald, Ian G. John, Joseph F. Ciani-Dausch The US FTC and DoJ release for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis

293

As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new (...)

Frederic Depoortere The EU Commission clears in phase I a merger in the internet search market addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)

628

Microsoft/Yahoo! – the concept of a concentration* The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition of a concentration under the Merger Regulation. (...)

Books

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