Vincent Wellens heads the IP/ICT & Competition practice. He represents major international clients on IP, trade practices, e-commerce and data protection issues in the consumer goods sector. Vincent also actively supports our other practice areas, such as our Banking & Finance department with advice on IT outsourcing and cloud computing related issues and our Tax practice with respect to IP portfolio structuring under the Luxembourg tax scheme for IP revenues. Before joining NautaDutilh Luxembourg, Vincent gained in-house experience as competition & IP counsel at P&T Luxembourg, the largest telecom and postal operator in Luxembourg. Vincent also practiced IP/ICT and competition law at other first-tier Luxembourg and Brussels law firms with a strong focus on regulated network industries (telecom, energy, media, transport and finance). Vincent graduated from the Katholieke Universiteit Leuven (2001). He also holds a College Diploma in Legal Studies (King’s College London, 2000) as well as LL.M. degrees in EU law (Europa Institut Saarbrücken, 2002) and in intellectual property law (Katholieke Universiteit Brussel, 2005). He is also a doctoral researcher at the Université de Louvain in the field of consumer and competition law. Vincent is a member of the BMM (Benelux association for Trademark and Design Law), the Cercle Marconi (Luxembourg association of telecom and media) and the ALEDC (Luxembourg competition association). Some of Vincent’s publications include: Hoe optreden tegen imitaties van prestaties die niet door intellectuele rechten zijn beschermd?, Rechtskundig Weekblad 2011-2012, 1406 (co-author); De doorwerking van de intellectuele rechten in de Wet Handelspraktijken, Bruxelles, Larcier, 2006; “Luxembourg/Commentary”, in: Competition Law in Western Europe and the USA, Volume A4, Kluwer, 2010 (co-author); “The Delta Airlines and Northwest Airlines Merger”, European Competition Law Review 2009, 491; “Private equity and merger control”, Revue de la concurrence belge 2008/2 (co-author). Vincent is admitted to the Brussels and the Luxembourg Bar. He is fluent in English, Dutch, French and German, and Luxembourgish.
367
Clarification of applicable criteria The Competition Council clarified the applicable criteria, which will undoubtedly help companies to (better) assess whether their practices constitute an illegal RPM practice. Such criteria are most welcome. Indeed, even though the European Commission (...)
124
Now that 2011 Competition Act (“Loi du 23 octobre 2011 relative à la concurrence”) has entered into force on 1 February 2012 and the composition of the new Competition Council (“Conseil de la concurrence”) is complete, the latter has adopted on 11 June 2012 its internal rules of procedure (...)
350
1. On 30 June 2011, the Luxembourg Parliament (chambre des députés) has adopted a new Competition Act (loi relative à la concurrence). It is not excluded that it will have to pass a second vote round in Parliament but this is considered to be a formality. It will enter into force four months (...)
562
In 2007 the Minister of Economy filed on behalf of the Luxemburg government a law proposal to the Luxembourg Parliament (Chambre des députés) to amend the 2004 Competition Act (Loi du 17 mai 2004 relative à la concurrence). The proposal in essence aims to integrate the Competition Inspection (...)
973
1. On 5 March 2010, the Luxembourg Competition Council (“Conseil de la concurrence”) has imposed fines on 7 flooring undertakings for bid rigging practices during a public procurement procedure for flooring works in the new court buildings in Luxembourg-City. The procedure began with a (...)
882
Facts of the case 1. In 2008 the city of Mersch launched a public tender procedure in order to choose the best qualified operator for the management of its municipal cable television (CATV) network, over which television content is distributed and broadband internet services are offered. (...)
2171
Facts of the case 1. Oxycure markets an oxygen concentrator, which generates medical oxygen on the spot and hence constitutes an innovative and a more efficient alternative to medical oxygen distributed in bottles. As the oxygen concentrator works on electricity, Oxycure’s clients need (...)
2671
Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for (...)
2770
Case 1. On 22 November 2002, the Municipality of Maastricht has awarded directly, i.e., without any public tender procedure a contract to the undertaking Q-Park for the renovation and operation of several parking lots for a period of 30 years. P1, one of Q-Park’s competitors, challenged (...)
1987
Facts of the case 1. On 25 January 2008, the Belgian Competition Council (Conseil de la concurrence) has condemned VEBIC, a professional association of Flemish bakeries, for having established a common cost index inciting Flemish bakeries to increase their prices in violation with the (...)
3235
Facts of the case 1. In 2007, a dispute arose between Base, one of the three main mobile telephone operators in Belgium, and Belgacom, the Belgian incumbent on the fixed telephone market. In a decision of 11 August 2006, the Institut belge des services postaux et des télécommunications (...)
4833
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car assessment experts, OEIPA and Mr Carlo Schmit, a Luxembourg car assessment expert. In 1997 OEIPA refused the latter to become a member (...)
8000
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car damage experts, OEIPA and Le Foyer Assurances S.A. (“Le Foyer”), one of the principal car insurances companies in Luxembourg. Le Foyer puts (...)
6378
On 23 April 2007 the new Luxembourg national competition authority that has been created in 2004, the Competition Council (“Conseil de la concurrence”), has handed down its first decision on the merits of a competition case brought before it. The Competition Council has chosen to be very (...)
4309
Factual background On 23 April 2007 the commercial court of Liège (“Tribunal de commerce”) handed down a decision in a case between the Swedish cycling team Green Cycle Associates (“GCA”) and Amaury Sport Organisation (“ASO”). ASO is a French undertaking that organises several major cycling (...)
4687
Facts of the case In October 2006 the Luxembourg public undertaking Entreprise des Postes et Télécommunications (hereinafter “EPT”) launched a cessation action on the basis of the Luxembourg 2002 Trade Practices Act (“loi du 30 juillet 2002 réglementant certaines pratiques commerciales”) (...)
3276
Facts of the case 1. In Luxembourg, Article 6(2) of the Competition Act (loi du 17 mai 2004 relative à la concurrence) entrusts the Competition Council (Conseil de la Concurrence), an independent administrative body, with the public enforcement of Articles 3 to 5 prohibiting cartels and (...)
3557
Article 2-1 of the 2004 Luxembourg Competition Act (“loi du 17 mai 2004 relative à la concurrence”) introduced the principle that competition between undertakings determines prices. This provision accordingly abolished the general and significant price controlling powers of the Luxembourg (...)
3343
Background This case deals with alleged anti-competitive practices in the context of a waste disposal project, “SuperDrecksKëscht 2” (now “SuperDrecksKëscht fir Betriber”). The initiators of this project were the Administration de l’Environnement (“Environmental Administration”) within the (...)
6724
Case Koepfler s.à r.l. (“Koepfler”) operated on an independent basis one of the petrol stations of Aral Luxembourg S.A. (“Aral”), a subsidiary of the German petrol group Aral. Aral and Koepfler had concluded an agency agreement in this respect in 1984. Pursuant to this agreement Koepfler had (...)
3683
In 1993 Coditel, the cable TV distributor in several Luxembourg municipalities, acquired the TV distribution network in the Luxembourg municipality of Leudelange from a small undertaking. Upon this acquisition Coditel imposed its conditions on the subscribers to the former network operator and (...)
4530
The undertaking Univers du Cuir Belgique (“UCB”) has taken over the franchising agreement that Belgian Comfort Company (“BCC”) had as a franchisor with Cuir Center Luxembourg (“CCL”), franchisee. UCB noticed that CCL did not respect the non-compete obligations imposed on it by the agreement (...)
7342
The undertakings Wintergarten Feddersen and Soluver concluded in 1985 a franchising agreement for the distribution of verandas. In 1987 Wintergarten Feddersen, the franchisor, brought proceedings against Soluver, the franchisee, before the Tribunal de commerce (“Commercial Court”) of (...)
