Herbert Smith Freehills (Brussels)

Daniel Vowden

Herbert Smith Freehills (Brussels)
Lawyer (Partner)

Daniel Vowden is an expert in EU and UK competition law matters. He has acted on complex and challenging UK merger control cases and many high-profile, cross-border deals requiring regulatory approval in Brussels and in other jurisdictions. Daniel’s transactional expertise is balanced with in-depth experience of behavioural and advisory matters, including EU and UK cartel investigations, with a particular focus on the financial services, mining, TMT and retail sectors.

Auteurs associés

Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Johannesburg)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)

Articles

3709 Bulletin

Kyriakos Fountoukakos, Florian Huerkamp, Kristien Geeurickx, Marcel Nuys, Daniel Vowden, Susan Black The EU Commission publishes drafts of revised Vertical Block Exemption Regulation and Vertical Guidelines

125

On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous (...)

Daniel Vowden, Adrian Brown, Kyriakos Fountoukakos The EU Commission carries out its first dawn raid since the COVID-19 pandemic started at the German premises of a company active in the clothing sector

328

On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules. This was the first unannounced inspection, or “dawn raid”, conducted by the (...)

Veronica Roberts, Daniel Vowden, Kristien Geeurickx The UK Competition Appeal Tribunal confirms the Competition Authority’s broad approach to the share of supply test resulting in the decision to block the merger between two software suppliers in a first case where the cartelist’s fine is reduced due to implementing a compliance program (Sabre / Farelogix)

185

In its judgment of 21 May 2021 the Competition Appeal Tribunal (“CAT”) upheld the CMA’s approach in applying the share of supply test to assert jurisdiction over Sabre’s acquisition of Farelogix, (with the CMA ultimately prohibiting the transaction following an in-depth investigation). The CAT (...)

Kyriakos Fountoukakos, Lode Van Den Hende, Daniel Vowden, Eric White, Adrian Brown, Morris Schonberg The EU Commission issues its regulatory proposal containing novel measures to tackle foreign subsidies distorting the EU market

296

On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 and the extensive public consultation that ensued. The primary objective of this (...)

Daniel Vowden, Adrian Brown The EU Commission imposes a fine of €28.5 million on banks implicated in bond trading (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)

50

In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Constitutional Council declares article L.462-2 of the French Commercial Code on fines for obstruction of an antitrust investigation to be unconstitutional (Akka Technologies)

75

On 26 March 2021, the French Constitutional Council declared unconstitutional Article L.462-2 of the French Commercial Code ("FCC") on obstruction to an investigation of the FCA. Pursuant to this provision, the FCA can set a fine for obstruction, the amount of which cannot exceed 1% of the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for a tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)

54

On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

Daniel Vowden, Adrian Brown The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6 million the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)

70

In March 2021, the Court of Justice of the EU ("CJEU") partially annulled a judgment of the General Court ("GC"), reducing from €3.8 million to €2.6 million the fine imposed on Pometon S.p.A ("Pometon") for its participation in the steel abrasives cartel. The CJEU granted the fine reduction (...)

Francesca Morra, Daniel Vowden, Adrian Brown The Italian Highest Administrative Court refers to the EU Court of Justice an antitrust appeal questioning the Court’s jurisdiction and the validity of its revocation rules (Avastin / Lucentis)

61

On 18 March 2021, the Italian Administrative Highest Court (Consiglio di Stato) referred a case to the CJEU for a preliminary ruling regarding a request for revocation of its judgment with regard an antitrust infringement by Novartis-Roche. The CJEU has been asked to rule on whether the (...)

Marie Louvet, Alexis Baudelin, Daniel Vowden, Adrian Brown The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)

62

Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing (...)

Marcel Nuys, Florian Huerkamp, Daniel Vowden, Adrian Brown The Munich Regional Court grants an injunction regarding an internet search cooperation between the Government and a Big Tech company as it constitutes a restriction on competition (Google / German Ministry of Health)

60

The Munich Regional Court has granted an injunction based on Article 101 TFEU against an arrangement between Google and the German Ministry of Health . The Ministry operates a national online platform (“Gesund.bund.de”) providing information on health, including a short description of common (...)

Kyriakos Fountoukakos, Daniel Vowden, Agathe Célarié The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)

177

On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here). The CJEU (...)

Marcel Nuys, Florian Huerkamp, Daniel Vowden, Adrian Brown The German Parliament sees its 10th amendment to the Act against Restraints on Competition enter into force bringing about substantial changes to national cartel enforcement regime

65

At the end of January 2021, the revised Act against Restraints on Competition ("ARC") entered into force. Most attention has focused on the new powers bestowed upon the Federal Cartel Office ("FCO") to investigate the likes of Google, Amazon and Facebook. However, the revised ARC also contains (...)

Kyriakos Fountoukakos, Mark Jephcott, Veronica Roberts, Daniel Vowden, Kristien Geeurickx The UK Government and the EU Commission agree on a trade and cooperation act detailing the applicability of both merger control regimes after Brexit

119

On 1 January 2021, with the end of the Brexit transition period, the UK entered the real world of Brexit. This has immediate implications for merger control both in the UK and the EU. Any companies involved in deals need to be aware of the impact. As of 1 January 2021 the EU Merger Regulation (...)

Stephen Wisking, Daniel Vowden, Daniel Barrio, Agathe Célarié The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)

66

On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set (...)

Daniel Vowden, Adrian Brown, Daniel Barrio The EU Commission fines ethylene purchasers in the chemical industry for participating in a cartel aimed at purchasing a product at the lowest possible price (Orbia / Clariant / Celanese / Westlake)

27

On 22 January 2021, the European Commission published a non-confidential version of its decision to fine ethylene purchasers Orbia, Clariant and Celanese a total of EUR 260 million for participating in a cartel aimed at purchasing ethylene at the lowest possible price, to the detriment of (...)

Stephen Wisking, Kyriakos Fountoukakos, Daniel Vowden, Juliana Penz The UK Competition Authority releases a market study on online platforms and digital advertising

132

In July 2020, the UK’s Competition and Markets Authority (“CMA”) published its market study final report “Online platforms and digital advertising” (“Report”) (see the Report here). The Report includes significant recommendations on the future regulation of platforms funded by digital advertising, (...)

Veronica Roberts, Daniel Vowden, Ruth Allen, Kristien Geeurickx The UK Competition Authority announces its provisional clearance of a proposed acquisition of a stake in a food delivery company in its first application of “failing firm” defence during the COVID-19 pandemic (Amazon / Deliveroo)

1549

On 17 April 2020 the CMA announced its provisional clearance of Amazon’s proposed acquisition of a stake in Deliveroo. The transaction was referred for an in-depth Phase 2 investigation in December 2019, in light of concerns about the impact on competition for the supply of online restaurant (...)

Daniel Vowden, James Quinney The UK Office of Fair Trading concludes that asset acquisition in administration on proceedings does not qualify for merger investigation (Shell UK / Greenergy / Vopak Holding)

154

On 6 June 2013 the Office of Fair Trading (OFT) published its decision on the completed acquisition of certain assets of Petroplus Refining and Marketing Limited (PRML). The asset sale was conducted in the course of administration proceedings, the underlying business having ceased trading. (...)

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