Baker Botts (Brussels)

Daniel Vasbeck

Baker Botts (Brussels)
Associate

Daniel Vasbeck is an associate in the Antitrust and Competition practice of Baker Botts’ Brussels office. Daniel advises on all aspects of EU competition law, including merger control and investigations into cartels, anticompetitive agreements and abuse of dominance. Daniel has experience in a number of sectors, including financial services, energy, the luxury sector and the automotive industry. Prior to joining Baker Botts, Daniel worked as an associate at other international law firms in Brussels and Paris. Daniel speaks German, French and English.

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Baker Botts (New York)
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Baker Botts (Washington)
Baker Botts (Washington)

Articles

5117 Bulletin

Matthew Levitt, Daniel Vasbeck, Leigh Hancher, David Gabathuler The UK Government and the EU Commission issue a Trade and Cooperation agreement providing a set of substantive and procedural rules on subsidy control

72

On 24 December 2020, the EU and the UK concluded the Trade and Cooperation Agreement (the “TCA”). The TCA, which is still subject to formal ratification by the EU, has been provisionally applied since 1 January 2021. One of the major issues of contention in the negotiations was to what extent (...)

Paul Lugard, Daniel Vasbeck The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)

321

The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

Catriona Hatton, Paul Lugard, Daniel Vasbeck The EU Court of Justice clarifies for the first time when patent settlement agreements restricting a generic pharmaceutical company’s ability to enter the market infringes the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

378

In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)

David Gabathuler, Leigh Hancher, Santos Miguel Leyva Rubio, Daniel Vasbeck The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel)

566

The EU’s State aid procedures are complex and often slow and not always easy to navigate. Many companies may be content to leave the process of obtaining a green light from the European Commission (the “Commission”) to government authorities. Or they may take comfort from the fact that a large (...)

Matthew Levitt, David Gabathuler, Daniel Vasbeck, Leigh Hancher, Brian Byrne, Ella Adler The EU General Court delivers two judgments clarifying how State aid rules apply to national tax rulings and determines whether a transfer pricing ruling in respect of intra-group transactions confers a selective advantage under the State aid rules (Fiat / Starbucks)

560

On 24 September 2019, the General Court (the ‘Court’) upheld the European Commission’s (the ‘Commission’) ruling ordering Luxembourg to recover EUR 23.1 million from Fiat Chrysler Finance Europe (‘FFT’) and annulled the Commission’s ruling ordering the Netherlands to recover EUR 25.7 million from (...)

Dina Jubrail, Maureen Ohlhausen, Matthew Levitt, Daniel Vasbeck The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on alleged abuse of dominance by a major social network (Facebook)

388

On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

Daniel Vasbeck The EU General Court confirms that successor liability for EU competition law infringements may only exceptionally be based on economic continuity (Coveris Rigid France)

604

In December 2018, the EU General Court (the “General Court”) dismissed the action for annulment lodged by Coveris Rigid France (“Coveris”) against a decision of the European Commission (the “Commission”) that held Coveris liable for its participation in the retail food packaging cartel. The judgment (...)

Catriona Hatton, Daniel Vasbeck The German Parliament adopts a reform of the national competition act and introduces an additional merger control threshold based on the value of the transaction

53

On 31 March 2017, the German Parliament adopted a reform of the country’s competition act (ARC). Among other amendments, it introduces an additional merger control threshold based on the value of the transaction. This amendment was prompted by a perceived enforcement gap in the current law : (...)

Daniel Vasbeck The French Competition Authority dismisses abuse of dominance case concerning a pre-emptive right provided in an affiliation agreement (Altimat / Sapec / Weldom)

295

By a decision (hereinafter the ‘Decision’) dated 29 October 2013, the French Competition Authority (hereinafter the ‘FCA’) rejected a complaint submitted in January 2011 by the company Altimat (hereinafter the ‘Complainant’) alleging abusive exercise of a pre-emptive right by the companies Sapec and (...)

Daniel Vasbeck A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Article 102 and 106 TFEU (Hurstel-Koenig)

198

In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in (...)

Daniel Vasbeck The French Competition Authority sanctions a professional body and an association for exclusionary practices implemented in the sector of electronic transfer of tax and accounting data (French Association of Chartered Accountants)

375

Following a complaint submitted in December 2010, the French Competition Authority (hereinafter the ’FCA’) adopted on 28 February 2013 a decision (hereinafter the ’Decision’) whereby it fined two bodies a total of €1,247,220 for an abuse of a dominant position in the sector of online transmission of (...)

Daniel Vasbeck The French Competition Authority imposes fines totalling €183.1 million on two leading mobile operators for implementing abusive rate differentiations (Orange / SFR)

347

Following a complaint lodged in 2006 by the then latest market entrant, Bouygues Télécom, the French Competition Authority (hereinafter the ‘FCA’) adopted on 13 December 2012 a 171-page long decision (hereinafter the ‘Decision’) by which it sanctioned the two largest French mobile network operators (...)

Daniel Vasbeck The EU General Court partially annuls a Commission’s inspection decision and declares inadmissible actions for annulment of measures adopted during the inspection (Nexans)

414

In two judgments rendered on 14 November 2012, the EU General Court (the ‘General Court’) provided guidance on the Commission’s obligation to define the product and geographic scope of its inspections and partially annulled two decisions ordering an inspection (the ‘inspection decisions’) on the (...)

Daniel Vasbeck The EU General Court partially annuls a Commission’s inspection decision and declares inadmissible actions for annulment of measures adopted during the inspection (Prysmian)

339

In two judgments rendered on 14 November 2012, the EU General Court (the ‘General Court’) provided guidance on the Commission’s obligation to define the product and geographic scope of its inspections and partially annulled two decisions ordering an inspection (the ‘inspection decisions’) on the (...)

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