Ashurst (Brussels)

Donald Slater

Ashurst (Brussels)
Lawyer (of Counsel)

Donald Slater is Counsel in the Brussels office of the law firm Ashurst, specialising in EU competition law with an emphasis on behavioural aspects. He also teaches competition law at the College of Europe in Bruges. Donald holds an LLB from Cambridge University and a Masters in European Law from the College of Europe. He is a solicitor of the Supreme Courts of England and Wales and is fluent in English and French. He has written numerous articles on antitrust procedure, private antitrust enforcement and other competition law topics. He is also a lecturer at the University of Bonn.

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Articles

3774 Bulletin

Donald Slater The EU Court of Justice upholds the Commission’s decision finding that the Belgian tax rulings regarding excess profits qualify as a State aid scheme (Magnetrol International)

27

On 16 September 2021, the ECJ handed down its much awaited judgment on whether the Belgian tax rulings concerning excess profits could be classified as an aid scheme (as opposed to individual aid measures). The ECJ set aside the General Court’s judgment and backed the European Commission’s (...)

Denis Fosselard, Donald Slater The Belgian Competition Authority considers that the commitments offered by two food retailers under the purchase alliance probe were proportionate and suitable to address potential restrictions of competition (Carrefour / Provera)

152

In its decision of 28 April 2021, the Belgian Competition Authority ("BCA") considered that the commitments offered by Carrefour and Provera under the purchase alliance probe were proportionate and suitable to address potential restrictions of competition. Following Carrefour’s divestment offer, (...)

Nigel Parr, Donald Slater The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom) (Deutsche Telekom)

335

In its ruling in Deutsche Telekom v Commission (C-152/19 P), the European Court of Justice ("ECJ") provided guidance on the application of the Bronner case law to refusal to supply cases, as well as on the relevant facts, and on the circumstances in which an infringement of competition law can (...)

Donald Slater The EU Court of Justice confirms the judgment of the General Court that the pay-for-delay agreements concluded between originator and generics manufacturers were by-object restrictions (Lundbeck)

191

The European Court of Justice ("ECJ") confirmed the judgment of the General Court ("GC") upholding the European Commission’s pay-for-delay decision. The ruling held that the originator and generics manufacturers must be considered potential competitors despite Lundbeck’s process patents, and (...)

Donald Slater The EU Court of Justice issues its first ruling on the use of so-called ’hybrid settlement’ procedures in cases in which settlement decisions do not cover all parties to an infringement (Pometon)

321

In its ruling in Pometon (C-440/19 P), the European Court of Justice ("ECJ") issued its first ruling on the use of so-called ’hybrid settlement’ procedures in cases in which settlement decisions do not cover all parties to an infringement. What you need to know – key takeaways The ECJ has (...)

Donald Slater, Duncan Liddell The EU Court of Justice upholds the General Court’s ruling finding that an information request issued by the EU Commission as part of its investigation into a Big Tech company’s predatory pricing practices is valid (Qualcomm)

216

On 28 January 2021, the European Court of Justice ("ECJ") upheld a ruling of the General Court finding that an information request issued by the EU Commission, as part of its investigation into Qualcomm’s predatory pricing practices, did not breach the principles of necessity and (...)

Giulia Carnazza, Donald Slater The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)

102

On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

Donald Slater The EU Court of Justice delivers a preliminary ruling setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end (Eltel)

73

On 14 January 2021, the European Court of Justice delivered a preliminary ruling (case C-450/19) setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end. This ruling has important implications for the (...)

Denis Waelbroeck, Donald Slater The EU General Court issues a judgment stating that an international skating union may apply a prior authorisation system for third party events only if the applicable rules and procedures are fair transparent and proportionate (International Skating Union)

66

On 16 December 2020 the General Court of the European Union (the "Court") issued an important ruling in the International Skating Union ("ISU") case. While accepting that sports governing bodies may apply a prior authorisation system for third party events to ensure that all sports competitions (...)

Jessica Bracker, Denis Fosselard, Donald Slater, Alexi Dimitriou The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (NKT)

216

On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

Alexi Dimitriou, Nigel Parr, Donald Slater, Michaël Cousin The EU Commission publishes a temporary framework communication to provide antitrust guidance to companies cooperating in response to urgent situations related to COVID-19 pandemic

137

On 8 April 2020, the European Commission ("Commission") published a Temporary Framework Communication ("Communication") to provide antitrust guidance to companies cooperating in response to urgent situations related to the Covid-19 outbreak. The Commission also announced that it issued a (...)

Duncan Liddell, Alexi Dimitriou, Donald Slater, Denis Fosselard The EU Court of Justice confirms the limitations that apply before courts can classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)

177

On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

Donald Slater The EU Court of Justice clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

79

On 30 January 2020 (case C-307/18), the European Court of Justice ("ECJ") issued a preliminary ruling that sheds more light on the circumstances in which an agreement settling a patent dispute between a pharmaceutical patent holder and a company intending to launch a competing generic product (...)

Donald Slater The EU Court of Justice dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)

64

On 30 January 2020, the European Court of Justice dismissed the appeals in joined cases C-538/18 P and C-539/18 P brought by Czech national rail carrier České dráhy, which sought to set aside the judgments of the General Court in cases T‑325/16 and T‑621/16 upholding the European Commission’s (...)

Donald Slater, Alexi Dimitriou The EU Court of Justice clarifies that a public body granting promotional loans to the purchaser of products covered by a cartel is entitled to claim damages for loss caused by the cartel (Otis / Land Oberösterreich)

36

On 12 December 2019, the European Court of Justice ("ECJ") provided important clarification, holding that Article 101 TFEU must be interpreted as meaning that a public body which granted promotional loans to purchasers of products covered by a cartel are entitled to claim damages for loss (...)

Donald Slater, Alexi Dimitriou The EU Court of Justice dismisses an appeal in a cartel of power cable, confirming no infringement of the claimant’s rights of defence (Brugg / LS Cable)

119

On 28 November 2019, the European Court of Justice ("ECJ") handed down judgments in three appeals against General Court judgments that had dismissed actions challenging the European Commission’s ("Commission") power cables cartel decision. Leniency applicant ABB’s appeal was partially upheld, (...)

Alexi Dimitriou, Donald Slater The EU Court of Justice dismisses an appeal seeking to set aside an earlier judgement by the General Court sanctioning a cartel of manufacturers of power cables (Verwaltungs)

116

On 14 November 2019, the European Court of Justice ("ECJ") dismissed the appeal in case C-599/18 P brought by Silec Cable ("Silec"), which sought to set aside an earlier judgment by the General Court upholding the European Commission’s ("Commission") power cables decision. WHAT YOU NEED TO KNOW (...)

Donald Slater The EU General Court partially annuls the Commission’s decision in a car battery recycling cartel case finding that the Commission erred in its findings on the duration of the infringement and on the fine reduction for mitigating circumstances (Campine)

49

On 7 November 2019, the General Court ("GC") partially annulled with respect to Campine the Commission’s decision in the car battery recycling cartel case. While the Commission was correct to establish that Campine had participated in an unlawful cartel, the GC concluded that the Commission (...)

Donald Slater, Christopher Eberhardt The EU Court of Justice confirms a decision of the General Court which dismissed a company’s request for the suspension of an investigation of documents marked as legally privileged (Alcodis / Alcogroup)

110

On 17 October 2019, the Court of Justice of the European Union ("ECJ") dismissed an appeal by ethanol company Alcogroup and its subsidiary Alcodis (collectivey "Alcogroup") against a ruling of the General Court ("GC") which had dismissed the company’s request for the suspension of the European (...)

Denis Waelbroeck, Donald Slater The EU Commission imposes interim measures on a major supplier of integrated circuits for communications devices to prevent damage to competition in the TV set-top boxes and modems market (Broadcom)

43

On 16 October 2019, for the first time in 18 years, the European Commission ("Commission") imposed interim measures on Broadcom - a major supplier of integrated circuits for communications devices - in order to prevent "serious and irreparable damage" to competition from occurring in certain (...)

1390 Review

Augusta Maciuleviciute, Donald Slater, Konrad Ost, Philip Collins, Philippe Lambrecht, Stefaan Raes Belgian Competition Day - TR1 - Mise en oeuvre privée des règles de concurrence : Vers une approche européenne ? (Bruxelles , 21 octobre 2010)

1390

Le présent dossier regroupe les communications présentées lors de la première table ronde de la Journée de la concurrence belge à Bruxelles le 21 octobre 2010. M. Ost souligne la complémentarité entre la mise en oeuvre publique et privée du droit de la concurrence. Il souligne que le « private (...)

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