David Henry

McDermott Will & Emery (Brussels)
Lawyer (Counsel)

David Henry is a practising UK barrister, whose practice focuses on European competition law, including merger control, cartels and abuse of dominance, and the interaction between antitrust and intellectual property. He represents companies and trade associations in the aluminium, air transport, car parts, chemicals, electronics, medical devices, pharmaceuticals, power generation, food retailing and financial services and payment systems sectors. He also advises clients in proceedings before the European courts and national competition authorities. David also has considerable experience in export control matters, dispute resolution and white-collar crime


Linked authors

Czech Ministry of Justice (Prague)
Université Catholique de Louvain
Siemens (Brussels)
Jones Day (Brussels)
DG COMP (Brussels)
Anheuser-Busch InBev (Leuven)
Paris School of Economics
McDermott Will & Emery (Paris)


David Henry (McDermott Will & Emery)
David Henry 26 September 2018 Brussels
David Henry (McDermott Will & Emery)
David Henry 24 April 2018 Brussels
David Henry (McDermott Will & Emery)
David Henry 21 February 2018 Brussels


68075 Bulletin

Jacques Buhart, David Henry The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)


INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to (...)

David Henry Competition law in the railway transport sector: An overview of EU and national case law


The rail sector is notorious for its complexity and its endemic competition problems. In a damning account of the state of play in this sector, the European Commission (“EC”) recently lamented the continued absence of effective competition and innovation therein. Furthermore, the risks of unlawful State aid and abusive conduct have been highlighted as serious concerns. According to the EC, therefore, and in a bid to encourage a modal shift towards greater use of the railways, the rail sector will feature highly on its list of enforcement priorities. The unsatisfactory state of affairs in the rail sector does not appear to be limited to Europe, however. Indeed, the contributions made to this work bear this out.

David Henry, Jacques Buhart The EU Commission prohibits a merger in the railway sector and reaffirms that industrial policy objectives have no role to play when it comes to applying the EU merger control rules (Siemens / Alstom)


BIGGER IS BETTER . . . OR MAYBE NOT: THE SIEMENS/ALSTOM RAILWAY ME* The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the (...)

David Henry, Dr. Boris Uphoff, Jacob Grierson, Jacques Buhart, Nisrin Abelin The EU Court of Justice holds that a jurisdiction clause is not excluded when it does not expressly refer to disputes relating to liability resulting from an abuse of dominant position (Apple / MJA)


Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action* Summary The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed (...)

Andrea L. Hamilton, David Henry The EU Commission fines a big tech company for providing incorrect or misleading information during the merger control review process (Facebook / Whatsapp)


THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information* The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable (...)

Wilko Van Weert, David Henry The EU Court of Justice rules on the seeking of injunctions in the context of standard-essential patents encumbered by FRAND in the technology sector (Huawei / ZTE)


THE EUROPEAN UNION’S HIGHEST COURT RULES ON STANDARD-ESSENTIAL PATENTS INJUNCTIONS AND ABUSE OF DOMINANCE* The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered (...)

Philip Bentley, David Henry The EU Court of Justice confirms the existence of a new concept which can be used by the EU Commission to calculate fines of an amount higher than a restrictive reading of its Fining Guidelines (InnoLux)


A NEW CONCEPT IN CARTEL FINING: "DIRECT EEA SALES THROUGH TRANSFORMED PRODUCTS"* On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of the Northern District of California rules against an acquisition of a competitor on the basis that it would lead to anticompetitive effects in the high-tech market (Bazaarvoice / PowerReviews)


JUDGE RULES IN FAVOR OF DOJ FINDING BAZAARVOICE/POWERREVIEWS MERGER ANTICOMPETITIVE* On January 8, 2014, Judge Orrick of the Northern District of California ruled that Bazaarvoice’s acquisition of competitor PowerReviews violated Section 7 of the Clayton Act. The ruling was in favor of the (...)

David Henry, Martina Maier, Philipp Werner The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)


This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

David Henry The UK Court of Appeal holds that compensatory damages are adequate and that a restitutionary reward is not available in an action for damages resulting from a cartel (Devenish Nutrition / Sanofi-Aventis)


Introduction In view of the fact that Community law regulates competition, English law is required to provide remedies for violations to persons injured thereby. Indeed, as the European Court of Justice stated in Courage v. Crehan, "the full effectiveness of Article 81 of the Treaty and, in (...)

David Henry The Danish Competition Authority launches an inquiry on possible anti-competitive effects of the exclusive right conferred for port harbour services (Copenhagen Malmö Port’s)


Against the backdrop of a string of analyses of the abovementioned Act, the Danish competition authority carried out an examination of the competitive effects of Copenhagen Malmö Port’s exclusive right to offer harbour services in Copenhagen Free Port. The Danish competition authority at the same (...)

David Henry The Danish Competition Council held that a professional association had abused its dominant position under both Art. 82 EC and national competition provisions (Rørforeningen)


Danish Competition Authority, 27 april 2005, Rørforeningen Rorforeningen is an association of Danish wholesalers of plumbing and heating products. All the major wholesalers in Denmark are represented through Rorforeningen. The association carries out a range of activities but the one in casu to (...)

David Henry, Robert Pelikán The Hungarian Competition Authority fines T-Mobile for having misinformed consumers to the detriment of competitors on the basis of national competition provisions (T-Mobile)


The Hungarian Competition Council initiated proceedings against T-Mobile in order to find out whether it had violated Article 8 paragraphs 1 and 2 of the Hungarian Competition Act and Article 7 paragraphs (2) (b) of the Hungarian Act on Business Advertising Activity, through advertising the (...)

David Henry The Cypriot national competition authority imposes a fine for an abuse of dominant position to an association of agricultural producers (Yeomilo Trading/Cyprus Potatoes Trades Association)


On 16 December 2004, the Cypriot Commission for the Protection of Competition, following a complaint by Yeomilo Trading Ltd, issued a decision that the Cyprus Potatoes Trades Association had infringed section 6 of the Protection of Competition Law 207/89 through abusing its dominant position in (...)

David Henry The Hungarian Competition Council decides that the national newspapers wholesaler is not in a dominant position and rejects the retailers’ complaint despite threat of terminating business relations (Magyar Lapterjesztõ Rt)


Gazdasági Versenyhivatal, Buvihír Hírlap Kereskedelmi Rt. (Magyar Lapterjesztõ Rt), Vj-45/2004/46, 9 November 2004 In Hungary, Magyar Lapterjesztõ Rt is the owner of all the wholesalers of daily, weekly, monthly and other papers. Magyar Lapterjesztõ Rt divided Hungary up geographically into ten (...)

Cédric Cheneviere, David Henry L’autorité de concurrence finlandaise condamne l’Ordre des architectes pour avoir édicté un règlement professionnel restrictif de concurrence (Finnish Association of Architects, SAFA)


Fin 2004, l’autorité de concurrence finlandaise a condamné, sur le fondement de l’article 4 de la loi relative au droit de la concurrence, l’Ordre des architectes (“SAFA”) pour avoir édicté un règlement professionnel restrictif de concurrence. Selon ce règlement, si un maître d’ouvrage désirait faire (...)

Cédric Cheneviere, David Henry The Danish national postal operator finds guilty of abuse of dominant position on the market for the distribution of non-addressed items and local weekly papers (Post Danmark / Forbruger-Kontakt)


On 29 September 2004, the Danish Competition Council adopted a decision whereby Post Danmark A/S, the Danish national postal operator, was found to have abused its dominant position on the market for the distribution of non-addressed items and local weekly papers. The decision stemmed from a (...)

David Henry The Hungarian Competition Authority condemns price concertation, market allocation and bid rigging between undertakings bidding for the construction of a motorway (Betonút, Debmut, Egut, Hidépitõ, Strabag)


In the summer of 2002, construction works for a motorway in Hungary were put out to tender by the National Motorway Co. Ltd. The tendering process was made up of two distinct procedures as the first procedure (restricted procedure with invitations) was declared ineffective. The subsequent (...)

Cédric Cheneviere, David Henry The Danish Competition Authority censors as abuse of a dominant position the failure of a publisher to comply with the national rules establishing a fixed price (Gyldendalske Boghandel)


Le droit danois de la concurrence permet à un éditeur de déterminer un prix de vente fixe pour ses nouvelles parutions, prix qui doit être respecté par tous les vendeurs (librairies, supermarchés, marchands spécialisés, etc...). Le législateur danois entendait créer par cette loi une exception (...)

David Henry The Danish competition authority finds a mobile telephone company in violation of the Danish Competition law for operating a margin squeeze and an illegal bonus system (Song Networks / TDC-SONOFON)


A Danish provider of fixed line telephony for business customers, Song Networks A/S, complained to the Danish Competition Authority alleging that TDC and SONOFON had engaged in illegal behaviour by: charging excessive prices for mobile termination, engaging in collusive behaviour in connection (...)

Cédric Cheneviere, David Henry Le Conseil de la concurrence hongrois sanctionne une entente à l’occasion d’un appel d’offres public à hauteur de 600 000 € (Baucont/Kész et Középületépít)


Dans sa décision du 18 mars 2004, le Conseil de la concurrence sanctionne - sévèrement ? - une entente entre entreprises du bâtiment à l’occasion d’un marché public pour l’Université de Kaposvár. En 2001, l’Etat hongrois avait lancé un appel d’offres dans le cadre d’un marché public pour la construction (...)

5047 Review

Frédéric Jenny, Damien Neven, Jacques Buhart, David Henry, Thomas Funke, Mathew Heim, Catarina Midões, Nicholas Levy, David R. Little, Henry Mostyn, Ioannis Lianos, Massimo Motta, Martin Peitz, Cristoforo Osti, Almos Papp, Christian Wik, Kristian Hugmark, Julia Vahvaselkä, Antoine Winckler, Thierry Boillot Which competition and industrial policies for the new EU Commission after Siemens/Alstom?


This series of articles presents different points of view about the priorities of the newly established Commission on competition policy in Europe in the aftermath of the decision prohibiting the Siemens/Alstom merger and of the manifesto published by French and German governments. These (...)

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