McDermott Will & Emery (Brussels)

Karolien Van der Putten

McDermott Will & Emery (Brussels)
Associate

Karolien Van der Putten focuses her practice on European law and competition law. She assists clients on various aspects of European and Belgian competition law. In particular, she focuses on anti-competitive agreements, abuse of dominance, merger control, and state aid. Furthermore, she has experience with litigation, dawn raids, and investigations by the Belgian Competition Authority.

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Articles

3546 Bulletin

Hendrik Viaene, Karolien Van der Putten, Hannelore Wiame The EU General Court rules that the Commission has the power to review a merger despite the fact that the turnover thresholds have not been triggered (Illumina / Grail)

27

In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which is the subject of a referral request made by a Member State – even if (...)

Hendrik Viaene, Karolien Van der Putten, Hannelore Wiame The EU Commission adopts Temporary Crisis Framework for State aid measures to support the EU economy following Russia’s invasion of Ukraine

507

To mitigate the negative economic and social consequences of Russian military aggression against Ukraine and to lessen the effect of the restrictive economic measures taken in response to the crisis, as well as retaliatory counter measures, the European Commission adopted the Temporary Crisis (...)

Hendrik Viaene, Karolien Van der Putten, Hannelore Wiame The EU Commission sends a draft proposal to the Member States with the aim of establishing a State aid temporary crisis framework to support the EU economy in the wake of Russia’s invasion of Ukraine

468

The European Commission consults Member States on its draft proposal On March 10, 2022 the European Commission (Commission) sent a draft proposal to EU Member States with the aim of establishing a State aid Temporary Crisis Framework to support the EU economy in the wake of Russia’s invasion of (...)

Hendrik Viaene, Hannelore Wiame, Karolien Van der Putten The Belgian Parliament transposes the ECN+ Directive into the national legislation and introduces filing fees in concentration notifications

540

On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

Hendrik Viaene, Karolien Van der Putten The EU Court of Justice broadens the scope of follow-on damage claims by permitting actions against the subsidiaries of companies which have been found to have infringed competition law (Sumal / Mercedes Benz Trucks España)

220

On 6 October 2021, the CJEU issued its judgment in Case C-882/19, Sumal, S.L. v Mercedes Benz Trucks España, S.L. (EU:C:1987:418), and confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. The victim of an (...)

Hendrik Viaene, Karolien Van der Putten The EU General Court upholds a decision from the Commission sanctioning a telecommunications operator for gun jumping and clarifies in its decision the applicable rules (Altice / PT Portugal)

246

On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In particular, the GC affirmed that the Commission could impose two separate (...)

Hendrik Viaene, Karolien Van der Putten The EU General Court confirms that the Commission was able to fine a telecommunications twice for gun jumping, once for breaching the standstill obligation and once for breaching the failure to notify obligation (Altice)

39

On 22 September 2021, the GCEU upheld a decision from the EC by which it fined telecommunications operator Altice for gun-jumping. In particular, the GCEU affirmed that the EC could impose two separate fines: a fine for implementing a concentration prior to its clearance, and a fine for (...)

Hendrik Viaene, Karolien Van der Putten The EU Court of Justice sets aside a General Court ruling and finds that Belgian "excess profit rulings" may constitute a State aid scheme and remands the case back to the General Court to consider whether there was illegal State aid (Magnetrol International)

44

On 16 September 2021, the CJEU delivered its judgment on whether the Belgian system of excess profit rulings (EPRs) constituted a scheme or not. The CJEU set aside the GCEU’s judgment that annulled the EC’s decision qualifying the EPRs as an aid scheme. The CJEU referred the case back to the GCEU (...)

Hendrik Viaene, Karolien Van der Putten The EU General Court dismisses the application of two clothing manufacturers seeking to block the Commission from investigating tax rulings on transfer pricing (Nike / Converse)

48

On 14 July 2021, the GCEU dismissed the action brought by Nike and Converse against the EC decision to initiate a formal State aid investigation concerning certain advance tax rulings issued by the Dutch tax authorities for the benefit of Nike and Converse. Background In 2019, the EC decided (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht, Max Küttner, Karolien Van der Putten The EU Commission fines investment banks €371M for participating in a European bonds trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)

84

By decision of 20 May 2021, the EC found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) breached EU antitrust rules through the participation of a group of traders in a cartel on the primary and secondary markets for European Government Bonds (...)

Hendrik Viaene, Karolien Van der Putten The EU General Court upholds the Commission’s decision which declared that numerous beneficial tax rulings constituted illegal State aid in favour of an energy company (Engie)

49

On 12 May 2021 the GCEU confirmed the EC’s decision of 20 June 2018 that the tax rulings which allowed the Engie group to partially escape tax in Luxembourg constituted illegal State aid within the meaning of Article 107 (1) TFEU. Background As from September 2008, the Luxembourg tax (...)

Philip Bentley, Jacques Buhart, Frédéric Pradelles, Hendrik Viaene, David Henry, Mary Hecht, Max Küttner, Karolien Van der Putten The EU Court of Justice dismisses all appeals brought by a Danish pharmaceutical company and five generic manufacturers against the judgments of the General Court and upholds a decision of the Commission on patent settlement agreements between the companies (Lundbeck)

121

On 25 March 2021, the CJEU dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S and five generic manufacturers against the judgments of the GCEU, thus upholding a decision of the EC on patent settlement agreements between Lundbeck and five generic manufacturers (...)

Hendrik Viaene, Karolien Van der Putten The EU Court of Justice dismisses two telecommunication companies’ appeals on abuse of dominance charges on the grounds that it was not essential for the Commission to show indispensability because the case was not a refusal to supply case, it concerned the imposition of unfair conditions (Slovak Telekom) (Deutsche Telekom)

86

As the incumbent telecommunications operator in Slovakia, Slovak Telekom a.s. (ST) offers broadband services on its fixed copper and fibre optic networks. ST’s networks also include the local loop, i.e., the physical lines which connect the subscriber’s telephone termination point with the main (...)

Hendrik Viaene, Karolien Van der Putten The EU Court of Justice declares that the General Court erred in law by annulling a Commission decision which considered tax exemptions to sports clubs illegal State aid because the Commission does not have to consider the counterfactual tax environment when determining the legality of State aid (Fútbol Club Barcelona)

89

On 4 March 2021, the CJEU rendered its judgment in Case C-362/19, European Commission v Fútbol Club Barcelona, concerning State aid arising out of the taxation of professional sports clubs in Spain. In July 2016, the EC found that Spain had unlawfully implemented aid in the form of a (...)

Hendrik Viaene, Karolien Van der Putten The Court of Justice preliminarily rules that the end date of a bid-rigging offence is when the "essential characteristics" of the contract have been "definitively determined"(Kilpailu-Ja Kuluttajavirasto)

37

On 14 January 2021, the CJEU delivered a preliminary ruling in which it clarified when a bid-rigging cartel offence comes to an end. This issue is particularly relevant with regard to the imposition of fines within the limitation period. Background In April 2007, Fingrid Oyj, the company (...)

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