Herbert Smith Freehills (Brussels)

Adrian Brown

Herbert Smith Freehills (Brussels)
Lawyer (of Counsel)

Based in the Brussels office of Herbert Smith Freehills, Adrian advises on all aspects of EU antitrust law and merger control, as well as being a specialist in EU law on public procurement.

Linked authors

Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Johannesburg)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)

Articles

2868 Bulletin

Daniel Vowden, Adrian Brown, Kyriakos Fountoukakos The EU Commission carries out its first dawn raid since the COVID-19 pandemic started at the German premises of a company active in the clothing sector

539

On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules. This was the first unannounced inspection, or “dawn raid”, conducted by the (...)

Daniel Vowden, Adrian Brown The EU Commission imposes a fine of €371 million on banks implicated in supra-sovereign, sovereign and agency bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)

246

In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

Kyriakos Fountoukakos, Lode Van Den Hende, Daniel Vowden, Eric White, Adrian Brown, Morris Schonberg The EU Commission issues its regulatory proposal containing novel measures to tackle foreign subsidies distorting the EU market

310

On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 and the extensive public consultation that ensued. The primary objective of this (...)

Daniel Vowden, Adrian Brown The EU Commission imposes a fine of €28.5 million on banks implicated in European government bond trading cartel (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)

234

In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Constitutional Council declares article L.462-2 of the French Commercial Code on fines for obstruction of an antitrust investigation to be unconstitutional (Akka Technologies)

198

On 26 March 2021, the French Constitutional Council declared unconstitutional Article L.462-2 of the French Commercial Code ("FCC") on obstruction to an investigation of the FCA. Pursuant to this provision, the FCA can set a fine for obstruction, the amount of which cannot exceed 1% of the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for a tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)

181

On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

Daniel Vowden, Adrian Brown The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6 million the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)

193

In March 2021, the Court of Justice of the EU ("CJEU") partially annulled a judgment of the General Court ("GC"), reducing from €3.8 million to €2.6 million the fine imposed on Pometon S.p.A ("Pometon") for its participation in the steel abrasives cartel. The CJEU granted the fine reduction (...)

Francesca Morra, Daniel Vowden, Adrian Brown The Italian Highest Administrative Court refers to the EU Court of Justice an antitrust appeal questioning the Court’s jurisdiction and the validity of its revocation rules (Avastin / Lucentis)

173

On 18 March 2021, the Italian Administrative Highest Court (Consiglio di Stato) referred a case to the CJEU for a preliminary ruling regarding a request for revocation of its judgment with regard an antitrust infringement by Novartis-Roche. The CJEU has been asked to rule on whether the (...)

Victoria Korotkova, Evgeny Yuriev, Daniel Vowden, Adrian Brown The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings

115

In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers a (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)

181

Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing (...)

Marcel Nuys, Florian Huerkamp, Daniel Vowden, Adrian Brown The Munich Regional Court grants an injunction regarding an internet search cooperation between the Government and a Big Tech company as it constitutes a restriction on competition (Google / German Ministry of Health)

190

The Munich Regional Court has granted an injunction based on Article 101 TFEU against an arrangement between Google and the German Ministry of Health . The Ministry operates a national online platform (“Gesund.bund.de”) providing information on health, including a short description of common (...)

Marcel Nuys, Florian Huerkamp, Daniel Vowden, Adrian Brown The German Parliament sees its 10th amendment to the Act against Restraints on Competition enter into force bringing about substantial changes to national cartel enforcement regime

189

At the end of January 2021, the revised Act against Restraints on Competition ("ARC") entered into force. Most attention has focused on the new powers bestowed upon the Federal Cartel Office ("FCO") to investigate the likes of Google, Amazon and Facebook. However, the revised ARC also contains (...)

Henar González Durántez, Pilar Carrasco, Daniel Vowden, Adrian Brown The Spanish National Court annuls the Competition Authority’s decision imposing fines on a number of companies for taking part in four cartels (Cementos)

25

The National Court has annulled the CNMC’s decision in case S/DC/0525/14 CEMENTOS. In this case, the CNMC fined a number of companies for taking part in four cartels, which constituted four separate single and continuous infringements. However, the National Court, found that the conditions for (...)

Adrian Brown, Tim Briggs, Nusrat Zar The UK Government publishes a green paper proposing fundamental reforms of the public procurement rules governing the purchase of goods, works and services by the public sector and certain utilities

53

The UK Government has published a Green Paper proposing fundamental reforms of the public procurement rules governing the purchase of goods, works and services by the public sector and certain utilities. Those rules are currently set out in a series of UK regulations that are based very (...)

Daniel Vowden, Adrian Brown, Daniel Barrio The EU Commission fines ethylene purchasers in the chemical industry for participating in a cartel aimed at purchasing a product at the lowest possible price (Orbia / Clariant / Celanese / Westlake)

41

On 22 January 2021, the European Commission published a non-confidential version of its decision to fine ethylene purchasers Orbia, Clariant and Celanese a total of EUR 260 million for participating in a cartel aimed at purchasing ethylene at the lowest possible price, to the detriment of (...)

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