Jones Day (Brussels)

Serge Clerckx

Jones Day (Brussels)
Lawyer (Partner)

For 20 years, clients have benefited from Serge Clerckx’s extensive experience in EU competition law and government regulation in a wide range of sectors, including consumer goods, pharma, aerospace, and technology. His competition practice covers merger control and antitrust. Serge represented Bombardier in the €7.5 billion sale of its rail business to Alstom and has led several recent merger cases for P&G, including its $4.2 billion acquisition of Merck KGaA’s consumer health business, the dissolution of its joint venture with Teva Pharmaceutical Industries, and the $12.5 billion sale of its beauty business (including Hugo Boss, Gucci, Max Factor, Wella) to Coty. He also led Goodrich’s $18.4 billion merger with UTC and TI’s acquisition of National Semiconductors. His antitrust practice includes complex investigations and private enforcement litigation, including a landmark €120 million settlement for KPN following an abuse of dominance claim against Belgacom. Serge also covers FDI (foreign direct investment) and has extensive experience in regulated industries, including the representation of the GSM Association before the European Court of Justice on the legal basis of the regulation of international roaming prices. Other representative clients include Bombardier, Bunge, The Carlyle Group, Ferro, Knauf Insulation, KPN Group, Materion, Micron, Owens Corning, Solvay, Socar Trading, UPM, and The World Bank. Serge regularly speaks at conferences and publishes on competition law and government regulation. He is a guest lecturer at Sciences Po, Paris and the Free University of Brussels (VUB). Serge is the hiring partner for Brussels and is in charge of pro bono for the office as well. He is a member of PILnet’s Pro Bono Leadership Council.

Distinctions

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Articles

3708 Bulletin

Dr. Jürgen Beninca, Nicolas Brice, Serge Clerckx, Laurent de Muyter, Alexandre G. Verheyden The EU Commission blocks Hungary’s attempt to veto a transaction in the insurance sector under FDI rules (AEGON / Vienna Insurance)

186

In Short The Situation : The European Commission ("EC") issued its first decision ("Decision") regarding the intersection of EU merger control rules and the recent growth in national Foreign Direct Investment ("FDI") regimes. The EC found that the Hungarian government’s decision to block a (...)

Charlotte Breuvart, Eric Barbier de la Serre, Dr. Jürgen Beninca, Serge Clerckx, Marta Delgado Echevarría, Yvan N. Desmedt, Mario Todino The EU Commission issues draft revisions to its Vertical Block Exemption Regulation and Vertical Guidelines

220

In Short The Background : The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt some agreements in the vertical supply chain from antitrust (...)

Jesús Gabriel Altamirano, Serge Clerckx, Michael A. Gleason, Javier Martínez del Campo L., Bertha Alicia Ordaz-Avilés, Manuel Romano The Mexican Competition Authority updates its merger guidelines which clarify notification requirements for joint ventures and the failing firm defense

452

Newly revised merger control guidelines ("Guidelines") from the Comisión Federal de Competencia ("COFECE"), Mexico’s competition law authority, clarify when parties to joint ventures or collaborations ("JVs") must report those transactions to COFECE. The Guidelines provide much needed guidance (...)

Charlotte Breuvart, Eric Barbier de la Serre, Serge Clerckx, Michael A. Gleason, Johannes Zöttl The EU Commission issues guidance on the application of the referral mechanism set out in article 22 of the Merger Regulation expanding its antitrust reviews to non-reportable transactions

379

In Short The Situation : According to the European Commission ("EC"), an increasing number of competitively significant transactions have evaded merger notification because one or both of the transacting parties (but typically a small, high value target) did not meet EC or any Member State (...)

Henry de la Barre d’Erquelinnes, John W. Magruder, Serge Clerckx, Peter J. Love, Pamela L. Taylor The EU Commission follows other countries’ antitrust authorities and assesses penalties against an optical products company for structuring a transaction to avoid premerger notification filings and the waiting period requirements (Canon / Toshiba)

47

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring (...)

Charlotte Breuvart, Eric Barbier de la Serre, Henry de la Barre d’Erquelinnes, Serge Clerckx The EU Court of Justice rules that the Commission violates rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)

396

In Short The Development : The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS’s rights of defense when it failed to provide UPS with the final economic model used in its decision to block UPS’s proposed acquisition of TNT in 2013. The Result : (...)

Alexandre G. Verheyden, Serge Clerckx The EU Court of Justice issues a preliminary ruling in a case concerning price squeeze abuses providing clear guidance on this issue (TeliaSonera)

315

This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 February 2011, the European Union Court of Justice ("CJ") issued a preliminary ruling in an ongoing case concerning price squeeze abuses. Questions were (...)

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