McDermott Will & Emery (Brussels)

Hendrik Viaene

McDermott Will & Emery (Brussels)
Lawyer (Partner)

Hendrik Viaene is a managing partner with McDermott Will & Emery based in the firm’s Brussels office. He focuses his practice on competition law, regulated markets and regulatory law. He advises clients across a wide range of related issues including state aid, cartels, licensing agreements, merger filings, M&A negotiations, abuse of dominance cases, and distribution agreements. Hendrik assists governments as well as privately and publicly owned companies. He has a wealth of experience in a range of sector such as energy, chemicals, paints, automotive, financial data, recycling and waste management, telecom, construction, renewables, media, private equity and the financial industry. Hendrik represents companies before national competition authorities and before the European Commission in state aid, cartel, merger, and abuse of dominance investigations. He also assists governments and companies on defence strategies as well as compliance programmes to avoid fines or having to refund or recover state aid. Hendrik has successfully guided clients through first and second phase investigations in merger clearance proceedings before competition authorities across the globe. He also counsels clients on compliance audits, immunity and leniency initiatives, and general risk avoidance in relation to competition law. Hendrik has additional experience in intellectual property rights licensing initiatives specifically with regard to restrictions imposed by competition law. During his career he has represented clients in proceedings before the European Commission, the European Court of Justice, the Belgian Competition Authority, the Brussels Court of Appeals, the New Caledonian Competition Authority, the Paris Court of Appeals, and the Luxembourg Competition Authority. He acted as co-counsel for other clients for most major competition authorities worldwide, and he also audited a number of competition authorities’ operations and output as a subject matter expert.

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McDermott Will & Emery (Paris)
McDermott Will & Emery (Paris)
McDermott Will & Emery (Paris)
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Articles

1340 Bulletin

Hendrik Viaene State aid & taxation: an overview of EU and national case law

494

This Special Issue collects all contributions available in the e-Competitions database relating to State aid and taxation. This topic has been at the source of many a heated debate. When reviewing the existing European Commission (‘Commission’) decisional practice and the case-law of the European (...)

Hendrik Viaene, David Henry The EU Commission publishes guidance on the application of the referral mechanism set out in article 22 of the merger regulation to certain categories of cases

352

The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its new Article 22 Guidance, the Commission has significantly expanded (...)

Hendrik Viaene The Belgian Supreme Court confirms Lower Courts’ rulings that appreciable affectation of competition and of trade between member states as required by Article 101 TFEU can be treated implicitly without failing to meet the required burden of proof (Fiat / Fortis Bank / TCI Auto Service)

225

I. The facts On 15 September 1993, an exclusive motor vehicle distribution agreement was signed between Fiat Group Automobiles Belgium NV and TCI Auto Service NV, as a result of which TCI was granted the exclusive distributorship for a number of towns. Fortis Bank NV gave a first call guarantee (...)

Hendrik Viaene The Belgian Competition Council finds that a directive adopted by a professional association imposing a maximum fee for a specific service constitutes an infringement by object of the Belgian Competition Act, but decides not to impose a fine, merely a publication obligation (National Chamber of Bailiffs)

155

BE31 [...] & Consorts/Chambre Nationale des Huissiers CONC-P/K-08/0016 Competition Council 08.12.11 I. The facts On 9 July 2008, a number of bailiffs lodged a complaint with the Belgian Competition Council claiming that the National Chamber of Bailiffs infringes Articles 2 and 3 of the (...)

Hendrik Viaene The Brussels Court of Appeal partially reforms interim measures decision of the President of the Belgian Competition Authority in that it limits the duration of the obligation to supply on the diamond market (De Beers / Spira BVBA)

115

I. The Facts The judgment of the Brussels Court of Appeal is one of a long line of decisions and court rulings taken by the European Commission, national competition authorities, the General Court and the Court of Justice concerning De Beers’ decision to alter its distribution system for rough (...)

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