Yvan Desmedt is the partner-in-charge of the Amsterdam office of Jones Day. He has advised clients for 20 years on EU and national-level competition law, as well as advisory and litigation matters in regulated industries (telecoms, postal, energy, and financial services). He is the Partner-in-Charge of the Amsterdam Office, with a regular presence in the Brussels Office. Yvan’s competition law experience includes merger control at the EU and national levels as a notifying party or third-party opponent. Examples include assisting global corporates such as Carlyle, GE, Newell Brands, Toyota, and SAP in various transactions. He also has acted for complainants in transactions leading to significant structural remedies (Universal/EMI). His antitrust experience at the EU level includes the interchange fee investigation for Mastercard, the roaming investigation, and the Power Cable and cargo cartels, as well as national proceedings in Belgium, the Netherlands, France, and Luxembourg. Yvan regularly advises on commercial agreements, including joint ventures, distribution, and licensing. He also advises trade associations, including the GSM Association (mobile network operators), APPLiA (the European Association for Household Appliances), and the Federation of European Stock Exchanges (FESE), on compliance and EU regulatory issues. Yvan has significant litigation and advisory experience in the regulated industries. He advises fixed and mobile telecommunications and postal operators across Europe in proceedings before competition authorities, regulators, and civil and administrative courts. He also assists telecom clients in other matters such as frequency auctions, licensing issues, site-sharing, and access agreements. Also active in international trade and export control, Yvan recently advised on trade protection procedures in the field of raw materials/chemical derivatives and on dual-use regulations.
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In Short The Situation : The European Commission has presented three initiatives to transform the connectivity sector on 23 February 2023 (the "Connectivity Package"). The State of Play : The European Commission has proposed a draft Gigabit Infrastructure Act ("GIA") proposal that would come (...)
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The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related sanctions. The ECN is a working group of competition authorities in (...)
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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 (...)
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In Short The Situation : The European Commission has launched its largest ever stimulus package to support recovery of EU economies from the COVID-19 pandemic’s unprecedented economic and social disruption. Each EU Member State must submit a recovery plan and funding requests for Commission (...)
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In Short The Development : The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)
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In January 2020, the European Commission endorsed the Toolbox of mitigating measures agreed by the Member States of the European Union to address security risks related to the rollout of 5G. The protection of national security, and cybersecurity in particular, are unquestionably legitimate (...)
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In December 2018, the Netherlands Authority for Consumers and Markets ("ACM") published guidelines designed to shorten the timeline and reduce the cost of settling cases. The Guidelines clarify ACM’s simplified settlement procedure that applies to competition cases in which ACM has power to (...)
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In Short The Situation : On December 18, 2018, the European Union published its European Electronic Communication Code ("Code"). The Result : The Code overhauls the current legislative framework for telecommunications with the aim of consolidating existing legislations into a single Act. (...)
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In April 2018, the CJEU provided guidance in assessing the validity of discriminatory pricing practices under EU rules governing dominant market players, in a (...)
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In Short The Ruling : The Dutch competition authority’s approval of KPN’s acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger’s competitive effects, the Tribunal notably considered regulatory measures (...)
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The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)
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An advisor to Europe’s highest court, the Court of Justice of the European Union ("CJEU"), is encouraging the CJEU to adopt a strict standard for companies to distance themselves from potentially anticompetitive actions by a third party with which they do business. In a case involving (...)
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The European Commission has published revised safe harbor rules for agreements that are not deemed to appreciably restrict competition. This is the so-called "De Minimis Notice," the first version of which dates back to 2001. At the same time, the Commission also published guidance on the (...)
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The Netherlands launches its new Consumer and Market Authority (Autoriteit Consument en Markt ("ACM")) on 1 April 2013. The ACM combines and replaces three previous authorities : the Dutch Competition Authority (Nederlandse Mededingingsautoriteit ("NMa")), the Consumer Authority (...)
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The Netherlands launches its new Consumer and Market Authority (Autoriteit Consument en Markt ("ACM")) on 1 April 2013. The ACM combines and replaces three previous authorities : the Dutch Competition Authority (Nederlandse Mededingingsautoriteit ("NMa")), the Consumer Authority (...)
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The pharmaceuticals sector in the European Union will remain under close antitrust scrutiny in the coming years. This is confirmed by the Communication the European Commission released yesterday in which it summarizes the main conclusions from its sector inquiry that started in January 2008. (...)
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