Van Bael & Bellis (Brussels)

Margot Vogels

Van Bael & Bellis (Brussels)
Associate

Margot Vogels is an associate in Van Bael & Bellis’ Brussels office. Her work focuses on Belgian business law, as well as all aspects of Belgian and EU competition law. Prior to joining Van Bael & Bellis, Margot worked as a trainee in the Food Task Force at the European Commission’s Directorate-General for Competition. Margot also gained experience in competition law during an internship in the Beijing office of an international law firm, as well as during several internships in the Brussels offices of leading international law firms.

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Van Bael & Bellis (Brussels)
Van Bael & Bellis
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)

Articles

7584 Bulletin

Margot Vogels, Andreas Reindl The EU General Court dismisses an application to annul the Commission’s declaration of a concentration to be compatible with the common market due to the applicant’s lack of locus standi (enercity / E.ON / RWE)

53

On 17 May 2023, the General Court dismissed an application for annulment brought against a European Commission (“Commission”) decision declaring a concentration to be compatible with the common market due to the applicant’s lack of standing (Case T-321/20, enercity v Commission). The judgment (...)

Margot Vogels, Andreas Reindl The EU Court of Justice confirms that the EU Commission can exclude a Member State from the territorial scope of a formal antitrust investigation without violating the principle of protection against parallel antitrust proceedings (Amazon)

89

On 20 April 2023, the European Court of Justice (“ECJ”) handed down a judgment which confirmed that the European Commission (“Commission”) can carve out the market of a Member State from the scope of an investigation and allow the Member State authority to investigate the same conduct for its (...)

Victor-Emanuel Ion, Margot Vogels, Charlotte Nassogne The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)

87

On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question (...)

Andreas Reindl, Giovanni Pregno, Margot Vogels The EU Commission announces an initiative acknowledging the effects-based approach in abuse of dominance cases while retracting from a consumer welfare-based economic effects analysis

161

On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

Giovanni Pregno, Margot Vogels, Andreas Reindl The EU Commission announces Guidelines on exclusionary abuses which acknowledge the central role of an effects-based approach in abuse of dominance cases

150

On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

Margot Vogels, Charlotte Nassogne The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)

94

On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of (...)

Elias Olsson, Margot Vogels, Charlotte Nassogne The EU Court of Justice clarifies the scope of the right to full compensation and the recourse to judicial estimation of damages under the Damages Directive (Tráficos Manuel Ferrer)

98

On 16 February 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling in Case C-312/21 (Tráficos Manuel Ferrer) which clarified the circumstances under which the exercise of the right to full compensation is rendered ‘practically impossible or excessively (...)

Margot Vogels, Andreas Reindl, Richard Burton The EU Court of Justice rules that legal professional privilege extends to all communications from external counsel (Orde van Vlaamse Balies)

345

On 8 December 2022, the Court of Justice of the European Union (“CJEU”) handed down a judgment (C-694/20, Orde van Vlaamse Balies) which appears to strengthen the protection afforded by legal professional privilege (“LPP”) under EU law. In its judgment, the CJEU has held for the first time (...)

Margot Vogels, Charlotte Nassogne The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others)

153

On 10 November 2022, the European Court of Justice (“ECJ”) clarified the meaning of ‘relevant evidence’ within the meaning of Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (...)

Margot Vogels, Andreas Reindl The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)

164

On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

Giovanni Pregno, Margot Vogels, Andreas Reindl The Italian Parliament sees its 2021 Annual Law for the Market and Competition enter into force allowing, for below-threshold merger review, rebuttable presumption of economic dependence, and expanded investigatory powers

125

On 27 August 2022, the 2021 Annual Law for the Market and Competition (the “Law”) entered into force. Its most significant changes include the right of the Italian Competition Authority (“ICA”) to review mergers below the notification thresholds, the introduction of a rebuttable presumption of (...)

Andreas Reindl, Margot Vogels The EU Court of Justice preliminarily rules that the ne bis in idem principle provides limited protection against sanctions following investigations of the same infringements of competition law (bpost) (Nordzucker)

207

On 22 March 2022, the European Court of Justice (the “ECJ”) handed down two judgments highlighting that the European Union’s ne bis in idem principle – the equivalent to the protection against double jeopardy – provides only limited protection in competition law proceedings where the same (...)

Margot Vogels The EU Court of Justice rules that an undertaking active in a particular market is able to act as an intervenor when a decision against a merger in that market is appealed (Fastweb / Iliad Italia)

197

ECJ rules that an undertaking active in a market affected by a merger can intervene in the appeal of a merger clearance decision On 22 February 2022, the European Court of Justice (“ECJ”) granted telecoms operator Fastweb SpA leave to intervene in Case T-692/20 in support of Iliad Italia (...)

Margot Vogels, Andreas Reindl The EU General Court rules that the Commission must ensure a “best placed” national competition authority can safeguard fundamental rights (Sped-Pro)

385

In its Sped-Pro judgment of 9 February 2022, the General Court of the European Union (“General Court”) for the first time examined the impact of deficiencies in the rule of law in an EU Member State on determining which competition authority in the EU is best placed to examine a complaint (...)

Andreas Reindl, Margot Vogels, Barbara Monti, Victor-Emanuel Ion The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)

241

Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

Margot Vogels, Andreas Reindl The EU Commission publishes its final report on the consumer Internet of Things ahead of the final ’DMA’ negotiations, indicating material competition concerns in digital assistant markets

418

On 20 January 2022, the European Commission (“Commission”) issued its (short) final report on the sector inquiry into consumer Internet of Things (“Report”), along with an explanatory Commission staff working document. The Report identifies various practices that may limit competition and (...)

Margot Vogels, Andreas Reindl The EU General Court awards a telecommunications company €1.8 million in damages, finding that the Commission had wrongly refused to pay default interest on the portion of a fine that the company had initially paid for an infringement of competition rules (Deutsche Telekom)

369

In a judgment of 19 January 2022, the General Court of the European Union (“Court”) awarded Deutsche Telekom AG (“DT”) € 1.8 million in damages, finding that the European Commission (“Commission”) had wrongly refused to pay default interest on the portion of a fine that DT had initially paid (...)

Margot Vogels, Andreas Reindl The EU Commission publishes draft guidelines on the application of EU competition law to collective agreements regarding working conditions of solo self-employed persons

238

On 9 December 2021, the European Commission (“Commission”) approved a draft communication containing guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (“Draft Guidelines”). The Draft Guidelines reflect (...)

Andreas Reindl, Margot Vogels, Emma Janson The EU Commission publishes a Communication on a competition policy which would support the transition to a sustainable, digital, and resilient European economy

286

On 18 November 2021, the European Commission (“Commission”) published a communication on a competition policy fit for new challenges (“Communication”). There has been a significant push toward a more European Union-centred industrial policy which would support the transition to a sustainable, (...)

Andreas Reindl, Margot Vogels, Barbara Monti The EU General Court confirms that “self-preferencing” by a Big Tech company can infringe Article 102 TFEU (Google Shopping)

483

On 10 November 2021, the European General Court (“EGC” or “Court”) delivered its landmark Google Shopping judgment, the first judicial pronouncement on “self-preferencing” as a viable theory of harm under Article 102 TFEU. The EGC fully endorsed the European Commission’s (“Commission”) (...)

Kris Van Hove, Margot Vogels The EU Court of Justice hands down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)

290

On 15 July 2021, the Court of Justice of the European Union (“ECJ”) handed down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (...)

Andrzej Kmiecik, Andreas Reindl, Valérie Lefever, Margot Vogels The EU Commission publishes the draft revised Vertical Block Exemption Regulation and draft revised Guidelines on Vertical Restraints

292

On 9 July 2021, the European Commission (“Commission”) published the draft revised Vertical Block Exemption Regulation (“Draft VBER”) and draft revised guidelines on vertical restraints (“Draft VGL”), a key step in the context of the revision of the current regime governing vertical (...)

Andreas Reindl, Margot Vogels The EU Commission publishes an inception impact assessment about potential revisions to the research and development block exemption regulation and the specialisation block exemption regulation

232

In the course of the ongoing review of the application of the EU competition rules to horizontal cooperation agreements, the European Commission (“Commission”) published on 7 June 2021 an inception impact assessment (“IIA”) in relation to potential revisions to the Research and Development (...)

Maria-Olga Papadopoulou, Margot Vogels, Andreas Reindl The French Competition Authority accepts proposed settlement with a Big Tech company regarding online advertising practices and imposes a €220M fine for self-preferencing in the market for online display advertising (Google AdX / Google DoubleClick for Publishers)

669

In a decision of 7 June 2021, the French Competition Authority (“FCA”) accepted a proposed settlement by Google LLC and Google Ireland Ltd (“Google”) with respect to certain online advertising practices. The decision also imposed a € 220 million fine on Google as it concluded that Google’s (...)

Margot Vogels, Andrzej Kmiecik, Helga Gudmundsdottir The Paris Court of Appeal upholds the dismissal of a French car repairers’ complaints against a car manufacturer’s alleged discrimination in determining membership of its authorised repair network (Hyundai)

192

On 4 June 2020, the Competition Chamber of the Paris Court of Appeal (the “Court”) handed down a judgment dismissing the appeal filed by three car repairers (the “Claimants”) against a decision of the French Competition Authority (the “FCA”) to reject their complaint against Hyundai Motor (...)

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