McDermott Will & Emery (Brussels)

Hendrik Viaene

McDermott Will & Emery (Brussels)
Lawyer (Partner)

Hendrik focuses on European and Belgian competition law (merger control, cartels and abuse of dominant position), state aid and free movement of goods, services, persons and capital. With regards to European law, Hendrik represents clients before national courts, administrative authorities, the Court of Justice and the European Commission. He also assists clients on compliance matters with European sanction regimes and international trade issues. Furthermore, Hendrik advises on Belgian competition law and assists clients in structuring acquisitions, joint ventures and agreements. He also represents clients in complaints & requests for interim measures and merger notifications before the Belgian Competition Authority and the Court of Appeals in Brussels. Hendrik has a Master of Laws in European Law (LL.M) from King’s College University London.

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McDermott Will & Emery (Paris)
McDermott Will & Emery (Paris)
McDermott Will & Emery (Brussels)
McDermott Will & Emery (Washington)
McDermott Will & Emery (Dusseldorf)


821 Bulletin

Hendrik Viaene, David Henry The EU Commission publishes guidance on the application of the referral mechanism set out in article 22 of the merger regulation to certain categories of cases


The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its new Article 22 Guidance, the Commission has significantly expanded (...)

Hendrik Viaene The Belgian Supreme Court confirms Lower Courts’ rulings that appreciable affectation of competition and of trade between member states as required by Article 101 TFEU can be treated implicitly without failing to meet the required burden of proof (Fiat / Fortis Bank / TCI Auto Service)


I. The facts On 15 September 1993, an exclusive motor vehicle distribution agreement was signed between Fiat Group Automobiles Belgium NV and TCI Auto Service NV, as a result of which TCI was granted the exclusive distributorship for a number of towns. Fortis Bank NV gave a first call guarantee (...)

Hendrik Viaene The Belgian Competition Council finds that a directive adopted by a professional association imposing a maximum fee for a specific service constitutes an infringement by object of the Belgian Competition Act, but decides not to impose a fine, merely a publication obligation (National Chamber of Bailiffs)


BE31 [...] & Consorts/Chambre Nationale des Huissiers CONC-P/K-08/0016 Competition Council 08.12.11 I. The facts On 9 July 2008, a number of bailiffs lodged a complaint with the Belgian Competition Council claiming that the National Chamber of Bailiffs infringes Articles 2 and 3 of the (...)

Hendrik Viaene The Brussels Court of Appeal partially reforms interim measures decision of the President of the Belgian Competition Authority in that it limits the duration of the obligation to supply on the diamond market (De Beers / Spira BVBA)


I. The Facts The judgment of the Brussels Court of Appeal is one of a long line of decisions and court rulings taken by the European Commission, national competition authorities, the General Court and the Court of Justice concerning De Beers’ decision to alter its distribution system for rough (...)

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