Vincent Wellens

NautaDutilh (Luxembourg)
Lawyer (Partner)

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.

Articles

75364 Bulletin

Vincent Wellens The new Luxembourg Competition Council adopts its internal rules

106

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 (published (...)

Vincent Wellens The Luxembourg Parliament enacts the 2011 Competition Act

332

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 (...)

Vincent Wellens The Luxembourg administrative Court of first instance qualifies for the first time a contract as a “service concession” under EU law (Eltrona, Nokia Siemens, Imagin and Coditel : CATV network)

841

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. (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Belgian Court of appeal infers a cartel from a similar approach adopted by several medical oxygen providers boycotting a competitor (AGIM / Oxycure)

2105

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 reserve (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Dutch Court refuses to suspend in interim proceedings an "in house" concession for public bus transport in Rotterdam (Connexxion / Stadsregio Rotterdam)

2654

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 (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Dutch District Court holds that the award of parking management contracts in a cross-border region does not have automatically an effect on intra Community trade (P1 Holding)

2737

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 the (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Brussels Court of Appeal refers several preliminary questions to the ECJ on the involvement of a NCA in appeal proceedings (VEBIC)

1950

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 national (...)

Philippe Wery, Philippe-Emmanuel Partsch, Vincent Wellens The Belgian Commercial Court in Antwerp considers prices that do not comply with regulatory pricing obligations to be excessive under Belgian competition law (Base / Belgacom)

3198

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 (IBPT ), (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Council finds not abusive the refusal by a professional association in the field of car expertise services to accept a member and considers that trade between member States is not affected (OEIPA/Schmitt)

4754

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 because (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Authority allows the imposition of an IT tool by a car insurance company on car damage experts (OEIPA / Le FoyerAssurances)

7955

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 the (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Authority renders its first ever decision and negatively applies the essential facilities doctrine in the sector of distribution of domestic heating fuel while holding that trade between Member States is not affected (Rock Fernand Distributions / Tanklux)

6312

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 didactic (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Belgian Commercial Court in Liege holds as abusive a refusal to let a team participate in important cycling races (GCA / ASO)

4265

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 events, (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Competition Authority imposes fines and daily penalties on flooring firms for not communicating concrete information to the Competition Inspectorate (House of justice)

2866

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 abuses (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Administrative Court avoids ruling on alleged anticompetitive price regulation in the taxi sector (Grand-ducal regulation of 9 July 2004)

3505

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 State (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Administrative Tribunal finds no anti-competitive practices in the context of a waste disposal scheme (SuperDrecksKëscht 2)

3287

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 Ministry of (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg District Court holds that an agreement between a petrol company and a petrol station is an agency agreement outside the scope of the prohibition of cartels (Aral / Koepfler)

6649

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 to (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg highest administrative court considers the lack of information given by a cable TV distribution operator to its customers to be an abuse of dominant position (Coditel)

3616

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 (...)

Philippe-Emmanuel Partsch, Vincent Wellens A Luxembourg Commercial Court finds several clauses in a franchising agreement to be anticompetitive and null yet upholds the rest of the agreement (Univers du Cuir Belgique / Cuir Center Luxembourg)

4480

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 and (...)

Philippe-Emmanuel Partsch, Vincent Wellens The Luxembourg Commercial Court found non-compete, price fixing and exclusivity clauses in a franchising agreement severable from the rest of the agreement (Wintergarten Feddersen / Soluver)

7285

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 Luxembourg (...)

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