Skadden, Arps, Slate, Meagher & Flom (Brussels)

Ingrid Vandenborre

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Lawyer (Partner)

Ingrid Vandenborre is the partner in charge of the Brussels office of Skadden, Arps, Slate, Meagher & Flom, and focuses on EU and international merger control and competition law. She was recently named “Competition Lawyer of the Year” at the Benchmark Litigation Europe Awards, based on her representation of Aspen, and she represented Kuoni and Thomas Cook in an investigation by the European Commission into geo-blocking clauses that was suspended without penalty for both companies. Her recent merger control experience includes the representation of PayPal, Visa and Stryker in relation to the acquisitions of Honey, Plaid and Wright respectively, and ABB in its transaction with Hitachi.

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Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Brussels)

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Ingrid Vandenborre (Skadden)
Ingrid Vandenborre 19 February 2020 London
Ingrid Vandenborre (Skadden)
Ingrid Vandenborre 1 March 2019 London
Ingrid Vandenborre (Skadden)
Ingrid Vandenborre 22 November 2018 Brussels
Ingrid Vandenborre (Skadden, Arps, Slate, Meagher & Flom)
Ingrid Vandenborre 23 February 2018 London
Ingrid Vandenborre - Antitrust law and policies from Brussels to Washington D.C.: The Atlantic divide
Ingrid Vandenborre 16 October 2015 Bruxelles

Articles

16518 Bulletin

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Stéphane Dionnet, Geraldine De Vasconcelos Lopes The EU General Court issues its judgment upholding the Commission’s decision to fine a telecommunications company for gun-jumping (Altice / PT Portugal)

62

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Stéphane Dionnet, Geraldine De Vasconcelos Lopes The EU General Court upholds the Commission’s decision to fine a telecommunications company for gun jumping but grants a limited 5% reduction of part of the €124.5 million fine imposed (Altice / PT Portugal)

206

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections

404

The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

Bill Batchelor, Frederic Depoortere, Andrew L. Foster, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Niels Baeten The EU Commission proposes a new merger and public procurement control legislation to combat foreign subsidies

386

The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include: Mandatory notification of acquisitions where the target’s EU turnover (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Niels Baeten The EU Commission releases the new Article 22 EU Merger Regulation Guidance, which creates legal uncertainty for merger control and a de facto killer acquisition review power

222

The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control rules. Summary The new guidance indicates that the EC will actively (...)

Alexander Kamp, Aurora Luoma, Giorgio Motta, Frederic Depoortere, Bill Batchelor, Ingrid Vandenborre, Iacovos Antoniou The UK Competition Authority publishes the revised Merger Assessment Guidelines

341

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe, Alexander Kamp, Tom R. Selwyn Sharpe The UK Parliament issues an independent report which calls for streamlining and enhanced legal predictability in the national antitrust regime

345

Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the current regime. The report’s recommendations are outlined below: Merger reviews (...)

Nick Wolfe, James Anderson, Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Alexander Kamp The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions regulating antitrust enforcement and cooperation

380

The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective January 1, 2021: Anticompetitive practices and mergers. The TCA provides (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe, Tom R. Selwyn Sharpe The UK Competition Authority launches consultation on revised merger assessment guidelines

85

Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and addressing (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Aristeidis Demiroglou, Caroline Janssens The EU Commission calls for contributions on the fundamental question of how competition rules and sustainability policies interact with each other, and what can be done better

112

Sustainability issues are increasingly high on the list of competition policy priorities both at the European Union and member state levels. The European Commission (EC) and national competition authorities are actively rethinking how competition policy can better support the transition to (...)

Niels Baeten, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor The EU Commission proposes new powers of investigation, sanction, control on mergers, market conduct, and public contracts to combat foreign subsidies

145

The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Niels Baeten The EU Commission proposes a merger control legislation for the acquisition of foreign-subsidized companies

71

The European Commission’s (EC) June 2020 white paper proposing wide-ranging controls over foreign-subsidized companies’ access to Europe’s internal market has received fresh impetus. In a report issued earlier this month, the European Union’s (EU) audit body faulted the EC for a hitherto (...)

Ingrid Vandenborre, Bill Batchelor, Frederic Depoortere, Giorgio Motta The EU Commission delays merger notifications until further notice and develops emergency State aid response to the COVID-19 outbreak

128

As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While airlines, tour operators and event businesses have been among the (...)

Ingrid Vandenborre, Caroline Janssens The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)

183

The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

Alexander Kamp, Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Nick Wolfe The UK Competition Authority publishes its guidance on its functions under the withdrawal agreement setting out the regulator’s approach during the Brexit transition period

73

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that will run until at least through December (...)

Melissa Healy, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor The UK Competition Appeal Tribunal confirms a deferential standard for the Competition Authority in its merger prohibitions (Tobii)

113

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger prohibitions. The CMA is widely regarded as a thought leader among merger control (...)

Bill Batchelor, Bruce Macaulay, Ingrid Vandenborre, Jonathon J. Egerton-Peters, Sym Hunt, Boris Bershteyn The UK Court of Appeal grants the appeal by over 46 million consumers against a financial company in relation to alleged overcharging of interbank fees (Merricks / MasterCard)

40

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent Court of Appeal decision has reignited the prospects of a £14 billion class action against Mastercard. In a much-anticipated ruling, the court has granted (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Thorsten Goetz, Ingrid Vandenborre The UK FCA issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave / Newton / RAMAM)

173

The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one. It sets the FCA up as a strict enforcer on the type of information that competing investors can share when making (...)

Ingrid Vandenborre, Amaury Sibon, Michael Hoffmann The EU Commission clears merger of semiconductor companies subject to interoperability and quasi-structural remedies designed to address conglomerate concerns (Qualcomm / NXP)

52

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 July 2018, US company Qualcomm Inc announced the abandonment of its proposed acquisition, through its subsidiary Qualcomm River Holding BV (Qualcomm), of (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Michael J. Frese, Simon Baxter The EU Court of Justice deals a blow to the EU Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)

652

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

Alex Jupp, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, James Anderson, Jonathon J. Egerton-Peters, Niels Baeten The EU Commission opens an in-depth investigation into UK statutory rules exempting some financing incomes earned by foreign subsidiaries

379

On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Simon Baxter The EU Court of Justice quashes a judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominance due to implementing loyalty rebates based on exclusivity agreements (Intel)

852

On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)

362

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E) (Microsoft / BesTV) (Bombardier / CSR Nanjing Puzhen) (Suzhou Erye / Shanghai Fosun)

719

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet (...)

Andrew L. Foster, Ingrid Vandenborre, Steven C. Sunshine The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”

222

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), seeking public comments by January 30. The Draft Template (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court upholds in its entirety the Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)

834

In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

David Kavanagh, Gary A. MacDonald, Ingrid Vandenborre, Patrick Heneghan, Tiffany Rider The Korean Fair Trade Commission offers funding private antitrust class action against two electronics companies fines for price-fixing (Samsung / LG)

262

This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Competition authorities around the globe are taking an increasingly active part in the pursuit of civil claims for damages for antitrust infringements. The (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court confirms fine imposed by the Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)

368

On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court imposes a high burden on the Commission to refuse access to its confidential records (Editions Odile Jacob)

216

On June 9, 2010, the EU’s General Court (Court) issued its judgment on an appeal by Editions Odile Jacob (EOJ) against a decision by the European Commission (the Commission) refusing to disclose certain documents relating to the Commission’s review under the EC Merger Regulation of the (...)

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