José Rivas

Bird & Bird (Brussels)
Lawyer (Partner)

José Rivas is the head of the International, EU and Competition Group of Bird & Bird since 2008. His practice covers all aspects of EU and competition law including in particular Articles 101 and 102, State aid and merger control and public procurement. He has extensive experience in representing leading U.S., Japanese and European clients across a broad range of industries, including aviation, media, telecommunications, energy and biotechnology. He has extensive litigation experience before the European Courts in Luxembourg - having represented clients in competition, trade and institutional EU law. He has represented clients under investigation and obtained phase I and phase II merger control clearance by the European Commission and other national competition authorities, and has filed complaints with such authorities. He also regularly organises anti-trust audits to help clients to identify any current or potential infringements of competition law and devised compliance programme to help prevent future infringements. Prior to joining Bird & Bird, José was head of a leading US firm’s Brussels office and co-head of the firm’s European competition group.

Distinctions

Linked authors

Jones Day (Brussels)
Bird & Bird (Brussels)
Bird & Bird (Copenhagen)
Bird & Bird (Brussels)
Bird & Bird (London)
Bird & Bird (London)
Bird & Bird (Belgium)

Articles

4582 Bulletin

Pauline Van Sande, José Rivas The EU Commission decides that Italy granted unlawful State aid in favour of the hotel industry so is required to recover that unlawful aid (Italy / Commission)

39

In 2008, the European Commission decided that Italy had granted unlawful State aid in favour of the hotel industry in Sardinia. Consequently, Italy was required to recover that unlawful aid, totalling at about EUR 13.7 million. On 29 March 2012, the Court of justice upheld the arguments of the (...)

Pauline Van Sande, José Rivas The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the Belgian market (Orange / Proximus)

36

On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market. The cooperation between Orange and Proximus relates to the sharing of (...)

Pauline Van Sande, José Rivas The Belgian Court of Appeal upholds the Competition Authority’s decision for imposing a fine over the exclusion of a company from the pharmaceutical sector (Order of Pharmacists)

33

In a judgment dated 8 January 2020, the Court of Appeal upheld the decision of the Belgian Competition Authority ("BCA") in which it imposed a fine on the Order of Pharmacists for excluding Medi-Market from the market for pharmacy services (see July edition of Competitive Edge). The Court, (...)

José Rivas, Pauline Van Sande The EU Commission imposes interim measures to a technology leader company in the design, development and supply of a range of semiconductor sector (Broadcom)

27

On 16 October 2019, the European Commission (EC) imposed interim measures on Broadcom. Broadcom is a technology leader in the design, development and supply of a range of semiconductor and infrastructure software solutions, including chipsets for TV set-top boxes and modems. The EC started its (...)

Pauline Van Sande, José Rivas The Belgian Competition Authority fines €225,000 the national Order of Pharmacists for limiting the ability of pharmacists to advertise para-pharmaceutical products online (Ordre des Pharmaciens)

28

On 15 October 2019, the Belgian Competition Authority ("BCA") imposed a fine of EUR 225,000 on the national Order of Pharmacists for adopting, maintaining and implementing provisions of its Deontological Code that limit the ability of pharmacists to advertise para-pharmaceutical products, in (...)

José Rivas, Francine Cunningham The EU Commission Vice-President Margrethe Vestager backs her candidacy after a three-and-a-half hour hearing in which she fielded questions on her plans to carry out her double role as the EU Commission’s Executive Vice-president and EU Competition Chief

36

Five years after winning the support of the European Parliament to become EU Competition Commissioner in the Juncker Commission, the Danish liberal politician Margrethe Vestager has done it again. MEPs backed her candidacy after a three-and-a-half hour hearing on 8th October during which she (...)

Pauline Van Sande, José Rivas The Belgian Competition Authority publishes a guide which sets out the principles of exchanging information between competitors and how it applies to associations of undertakings

26

On 1 October 2019, the Belgian Competition Authority published a Guide on the "Exchange of Information in the framework of Associations of Undertakings". The Guide sets out the main principles of exchanging information between competitors and how they apply to associations of undertakings, and (...)

Pauline Van Sande, José Rivas The EU General Court orders Luxembourg and Netherlands to recover millions of euros from two companies on the basis of State aid rules (Fiat / Starbucks)

15

On 24 September 2019, the General Court delivered its first two judgements in the series of appeals against European Commission (EC) decisions on tax rulings ordering Member States to recover millions of euros on the basis of state aid rules. In October 2015, the EC ruled that selective tax (...)

José Rivas, Pauline Van Sande, Hein Hobbelen The Belgian Competition Authority fines a pharmaceutical company for implementing anticompetitive practices aimed at excluding an other association of pharmacies from the market (Order of Pharmacists)

17

The Belgian Competition Authority ("BCA") fined the national Order of Pharmacists EUR 1 million on 28 May 2019, for the use of anticompetitive practices aimed at excluding the Medi-Market Group, an association of (para)pharmacies, from the market for pharmacy services. Previously, the market (...)

José Rivas The EU Commission imposes a fine of €1,07 billion for participating in two foreign exchange spot trading cartels in the banking sector (Barclays / RBS / Citigroup / JPMorgan / MUFG)

30

On 16 May 2019, in two settlement decisions, the European Commission ("EC") has fined Barclays, RBS, Citigroup, JPMorgan and MUFG 1.07 billion EUR for participating in two foreign exchange spot trading cartels (see EC press release here). “Foreign exchange spot-trading activities are one of the (...)

José Rivas, Pauline Van Sande, Hein Hobbelen The Belgian Competition Authority conditionally approves an acquisition of sole control in the media market (De Vijver Media / Telenet)

20

On 13 May 2019 the Belgian Competition Authority ("BCA") conditionally approved Telenet’s acquisition of sole control over De Vijver Media, after a referral by the European Commission ("EC"). The deal was originally notified to the EC on 4 October 2018. The EC already investigated Telenet’s (...)

José Rivas, Pauline Van Sande, Hein Hobbelen The Belgian Federal Parliament adopts an Act reforming the competition law introducing technical legislative improvements such as streamlining procedures, formalising existing administrative practices and updating terminology

19

On 25 April 2019, the Belgian Federal Parliament adopted an Act reforming Belgian competition law (please note that the version of the Act adopted by the Parliament is not public yet and our analysis below is based on the fact that no amendments have been adopted to the version which was (...)

José Rivas, Brona Heenan The EU Commission publishes its report in order to identify implications for competition policy wrought by technological changes affecting markets and consumers

34

Does access to data require a new approach in antitrust aftermarket cases? In an era where data is the new "oil" turning the wheels of the digital economy, antitrust law may need to take a new approach in order to harness the flow of this most valuable commodity. The issue of access to data (...)

José Rivas, Pauline Van Sande, Hein Hobbelen The Belgian Parliament adopts a proposal amending the national competition law in order to include the concept of abuse of economic dependence

17

On 21 March 2019, the Belgian Parliament adopted a proposal amending Belgian competition law to include the concept of abuse of economic dependence in the toolbox of the Belgian Competition Authority (“BCA”) following the example of a number of other EU Member States. Under the new rules, it (...)

José Rivas, Pauline Van Sande, Hein Hobbelen The Belgian Competition Authority imposes interim measures in a public procurement procedure in the broadcasting transmission market (Norkring / Broadcast Partners)

23

This decision of 22 January 2019 is the next step in an eventful public procurement procedure and it confirms the preference of the Belgian Competition Authority ("BCA") to tackle cases via interim measures. Norkring has a service agreement to transmit the FM broadcasts of VRT that runs until (...)

José Rivas The EU Court of Justice clarifies the notion of concerted practice and holds that a single meeting amongst competitors where they exchanged sensitive information can be caught by EU antitrust rules (T-Mobile Netherlands)

1389

Concerted practices, greyhounds, swans and alcoholmeters* Adam Smith wrote in the Wealth of Nations that “two greyhounds, in running down the same hare, have sometimes the appearance of acting in some sort of concert. Each turns her towards his companion, or endeavours to intercept her when his (...)

887 Review

Georgina Eclair-Heath, José Rivas Striking the balance between public and private enforcement: The case for consensual compensation as a mitigating circumstance in setting fines for violations of EU competition law

887

The article examines the Commission’s proposal of 11 June 2013 for a directive on damages actions for infringements of EU competition law In particular, it examines the risk that, by ignoring the interaction between public and private enforcement, the proposal could lead to a situation of (...)

Books

Send a message