Baker Botts (Brussels)

Matthew Levitt

Baker Botts (Brussels)
Partner

Matthew Levitt is a partner in Baker Botts’ Brussels office. Once described as “an excellent and highly intellectual performer - very charismatic, but tough if needed” (Chambers Global, 2008), he handles international and EU cartel investigations and coordinates multi-jurisdictional merger filing processes. Mr. Levitt has been involved in virtually every significant EU and UK competition law case concerning the maritime sector including the formation of P3 and 2M shipping alliances, the container shipping price signalling investigation, the maritime car carriers investigation, the opposition by DFDS to the Eurotunnel/SeaFrance takeover, the investigation of the International Association of Classification Societies, the merger of Maersk and P&O Nedlloyd, and the annulment of the €273m fines on the TACA parties. Mr. Levitt also has extensive experience in the energy sector, advising on the EU regulatory aspects of the Shah Deniz gas pipeline project, the EU Power exchange investigation, and handling mergers in the utilities, water, ports and infrastructure sectors. He has also handled several ground-breaking cartel and abuse of dominance cases in the European Courts including, the Steel Beams case the Masterfoods / van den Bergh ice-cream cases and Woodpulp III.

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Videos

Matthew Levitt (Baker Botts)
Matthew Levitt 22 September 2022 Brussels
Matthew Levitt (Baker Botts)
Matthew Levitt 26 September 2019 Brussels

Articles

3857 Bulletin

Matthew Levitt, Paul Lugard, Jody Boudreault, Roxane Tonnelier The EU Commission publishes its findings of the evaluation of procedural and jurisdictional aspects of EU merger control and new guidance on the application of Article 22 of the EU Merger Regulation

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On 26 March, the European Commission (“EC”) published its findings of the evaluation of procedural and jurisdictional aspects of EU merger control, and new guidance on the application of Article 22 of the EU Merger Regulation (“EUMR”) encouraging Member States to refer more transactions to the EC (...)

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

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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 (...)

Catriona Hatton, Matthew Levitt, Dina Jubrail, Stuart Blythe, Nigel Stacey, Derek Jones The UK Government proposes screening powers for certain deals on national security grounds

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This week, the UK Government announced new draft powers under the National Security and Investment Bill (the ‘Bill’) to screen certain deals on national security grounds. The proposals apply to takeovers and investments (including minority share acquisitions) by foreign buyers in a wide range of (...)

Maureen Ohlhausen, Catriona Hatton, Adam Dawson, Paul Lugard, Matthew Levitt, Dina Jubrail The EU Commission launches consultations on ex-ante competition enforcement in platform-based and other industries

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Recently, the European Commission (“EC”) launched two major public consultations for new legislative tools intended to step up antitrust enforcement in digital and other markets. One consultation relates to a new competition enforcement tool that would allow the EC to pro-actively intervene in (...)

Matthew Levitt, David Cardwell The EU General Court annuls the Commission’s prohibition of a merger between two of the UK’s four mobile network operators after finding errors in the analysis of alleged anticompetitive effects whilst conducting its acquisition review (Telefónica UK / Hutchison 3G UK)

389

Firm Thought Leadership In what is destined to rank as one of the most significant judicial knockbacks of the European Commission (“Commission”) in the area of merger control for many years, the EU’s General Court (“Court”) has annulled the decision by the Commission in 2016 to prohibit the merger (...)

Dina Jubrail, Matthew Levitt The UK Competition Appeal Tribunal rejects an appeal against the Competition Authority’s merger decision in the cleaning chemicals sector (Ecolab / Holchem)

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On 21 April 2020, the Competition Appeals Tribunal (the “CAT”) handed down its judgment (the “Judgment”) rejecting the appeal of Ecolab Inc. (“Ecolab”), a global company incorporated in the US, against the CMA’s merger decision on Ecolab’s acquisition of The Holchem Group Ltd (“Holchem”), a UK-based (...)

Matthew Levitt, Leigh Hancher, Dina Jubrail The UK Competition Authority publishes guidance on its functions to explain the effects of Brexit on the application of competition law in the UK during and after the transition period

104

The EU and the UK have now both set out their negotiating mandates for the forthcoming trade negotiations. On 25 February 2020, the Council of the EU adopted a formal decision authorising the commencement of trade negotiations with the UK, together with a revised version of the European (...)

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)

560

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 (...)

Dina Jubrail, Maureen Ohlhausen, Matthew Levitt, Daniel Vasbeck The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on alleged abuse of dominance by a major social network (Facebook)

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On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

Graham Brough, Dina Jubrail, Matthew Levitt The EU Commission concludes that the UK’s policy of giving multinational companies total or partial tax exemption for non-trading finance profits constitutes unlawful State aid

108

Following an investigation opened in October 2017, the European Commission ("EC") has concluded that the UK’s policy (from 2013-2018) of allowing total or partial exemption for non-trading finance profits from the UK Controlled Foreign Company ("CFC") rules in part constituted unlawful State (...)

Matthew Levitt, David Cardwell, Dina Jubrail The UK Court of Appeal upholds the UK Competition Authority’s fining and confirms that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral Tanks)

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ONE-TIME INFORMATION EXCHANGE SUFFICIENT – A RECENT REMINDER IN THE UK* The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water (...)

6330 Review

Bernard van de Walle de Ghelcke, Denis Waelbroeck, Eric Morgan de Rivery, Filippo Amato, Jacques Bourgeois, Leonardo Armati, Marc van der Woude, Massimo Merola, Matthew Levitt, Tarik Hennen Towards an optimal enforcement of competition rules in Europe: Time for a Review of Regulation 1/2003?

5531

The Fifth annual conference of the Global Competition Law Centre, held in Brussels on 11-12 June 2009, was dedicated to the Commission’s review of EC Regulation 1/2003. These contributions are the summaries of six work groups: I) The directly applicable exception system and the direct (...)

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