Latham & Watkins (Brussels)

Simon Troch

Latham & Watkins (Brussels)

Simon Troch is an Associate at Latham & Watkins (Brussels bar). In addition, he is connected to the ULiège (LCII - Liège Competition and Innovation Institute) as academic researcher and teaching assistant in European competition law. He is a law graduate from the KUL (2014) and holds a LL.M. degree in European competition and IP law from the ULiège (2015).

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4713 Bulletin

Simon Troch, Violetta Meli The EU General Court judges that sports federations’ rule of banning athletes for participation in unauthorized events can – in certain circumstances – constitute a by object infringement of Article 101 TFEU (International Skating Union)


By its Judgment of 16 December 2020, the General Court (‘GC’) confirms the European Commission’s (‘Commission’) Decision finding that the International Skating Union’s (‘ISU’) governance rules violate competition law. The Judgment backs the Commission’s conclusion that the ISU’s rules banning (...)

Simon Troch, Cédric Nys The EU Court of Justice AG Saugmandsgaard Øe recommends the Bronner legal test to be limited to ’refusals to make available’ (Slovak Telekom) (Deutsche Telekom)


Advocate General (‘AG’) Saugmandsgaard Øe recommends the European Court of Justice (‘ECJ’) to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), (...)

Sander De Volder, Simon Troch The EU General Court clarifies the burden of proof that has to be met by the Commission to demonstrate the existence of an advantage in the context of tax rulings (Starbucks)


On 24 September 2019, the General Court (‘GC’) rendered its first two Judgments assessing under which circumstances EU State aid rules can curtail Member States’ sovereignty to adopt individual tax rulings. In the Starbucks Judgment discussed here, the GC ruled in favour of Starbucks since the (...)

Simon Troch, Daphné Van der Eycken The EU Court of Justice AG Bobek provides an analytical framework to assess the appropriateness of ‘by object’ qualifications while clarifying and consolidating the case-law on the dichotomy between ‘by object’ and ‘by effect’ restrictions (Budapest Bank)


Comment On 5 September 2019, Advocate General (‘AG’) Bobek delivered his Opinion in the Budapest Bank case following a request for a preliminary ruling from the Hungarian Supreme Court (‘HSC’). AG Bobek advised on several matters such as the existence of an obligation for National (...)

Simon Troch, Maria Turbasa The EU Court of Justice rules on the applicability of contractual jurisdiction clauses in the context of abuse of a dominant position, ruling that some competition law violations are more contract related than others (Apple / MJA)


With its judgment the European Court of Justice (‘ECJ’) confirms its previous case law indicating that the criterium to determine whether a competition law violation is covered by a contractual jurisdiction clause is the existence of a ‘contractual link’, adding that this is the case even when (...)

Lucille Geraerts, Simon Troch The EU Court of Justice AG Saugmandsgaard Øe indicates that providing misleading information aimed at undermining the reputation of one drug to the benefit of another drug might constitute a restriction by object (Hoffmann-La Roche)


On 21 September 2017 Advocate General Saugmandsgaard Øe (‘AG’) issued his opinion in F. Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato (AGCM). In his opinion the AG provides guidance to the Court of Justice of the European Union (‘CJEU’) on the various questions raised (...)

Miglena Vucheva, Simon Troch The EU Court of Justice rules that the extension of existing State aid must be considered as the alteration of that aid and is therefore subject to the obligation of prior notification as new aid (DEI / Alouminion tis Ellados)


The CJEU’s Judgment provides additional clarification on the effects of the extension of the duration of an existing aid measure. The CJEU - annulling a Judgment of the EU General Court (GC) - rules that the extension of the duration of existing aid measure by a national court must be (...)

Carmen Mera, Simon Troch The EU Commission sends a statement of objections to an international sports association because of the possible incompatibility of its governance rules with competition law (International Skating Union)


International sport governing bodies and competition law - up to a ‘ban of banning’ for participation in unauthorised events organized by rival governing bodies. European Commission ready to set an example with the International Skaters Union? After opening a formal investigation into the (...)

Cecilia Sbrolli, Simon Troch The EU Court of Justice rules on limited exclusivity restriction in lease agreements and concludes that it is not a restriction by object (Maxima Latvija)


In a preliminary reference judgment in the Maxima Latvija case, the Court of Justice of the EU (CJEU) has ruled that commercial lease agreements including a clause conferring on the anchor tenant the right to approve lease agreements that the property owner may conclude with third parties do (...)

Rik Callens, Simon Troch The Belgian Competition Authority issues a decision following the first application of its unique settlement procedure in article 102 cases (Stanleybet / Nationale Loterij)


I. The Parties Nationale Loterij NV (‘NL’) was founded in 1934 and organises public lotteries in Belgium ever since. NL holds a legal monopoly on this market . In addition, NL competes with other companies on the Belgian sports betting market. Stanleybet Belgium NV, Stanley International (...)


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