Serge Clerckx
Jones Day (Brussels)
Partner
Serge Clerckx is a partner with Jones Day based in the firm’s Brussels office. 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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1776 | Évènements
Articles
4447 Bulletin
108
In Short The Development : The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the Functioning of the European Union to the extent it is not reportable (...)
90
In Short The Development : The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain that target certain European Union ("EU") sustainability objectives. The (...)
223
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 (...)
72
Saudi Antitrust Regulator Blocks First Acquisition Under New Merger Control Law Saudi Arabia competition authority blocks its first transaction under the Kingdom’s 2019 Competition Law. The Saudi Arabian General Authority for Competition ("GAC") announced this week that its board had blocked (...)
247
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 (...)
496
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 (...)
564
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 (...)
71
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 (...)
451
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 : (...)
214
On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private competition law enforcement in Belgium and should enhance the full (...)
343
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 (...)
810
This article is the winner for the business category, unilateral conducts section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 October 2010, the European Court of Justice (ECJ) upheld the European Commission’s € 12.6 million fine on (...)
758
On 22 April 2010, Advocate General (‘AG’) Jan Mazák at the European Court of Justice (‘ECJ’) issued his opinion in Deutsche Telekom‘s appeal to the ECJ against the General Court ruling upholding the European Commission decision to impose a € 12.6 M fine on Deutsche Telekom for abusive margin squeeze. (...)
1043 Revue
1043
La phase de prénotification peut contribuer à régler "en amont" beaucoup de questions qu’une opération de concentration peut susciter. La procédure fonctionne aujourd’hui de manière satisfaisante mais pourrait être encore améliorée. La procédure de prénotification Un point de vue de l’Autorité de la (...)
