The Competition and Investment Control team represents companies and industry associations across a variety of sectors, including agri-food, basic industries, distribution, energy, fast-moving consumer goods, life sciences, transport, health care and private equity. We regularly intervene before the European Commission, national competition authorities and EU and national courts.
We combine legal expertise with a pragmatic approach, providing solution-focused advice when a problem rears its head. Where possible we think in creative solutions. However, we prefer to be ahead of the game by providing advice on how to prevent problems in the first place. As thought leaders, we closely monitor and comment upon relevant developments in our field of expertise (see also the 'Insights' section on this site).
Outside our Benelux home jurisdictions, we closely cooperate with our international network of competition law experts, thus providing a one-stop shop to our clients.
Merger control
We provide strategic advice on M&A projects and assist our clients throughout the merger control process at EU and national level. This includes assessing notification requirements and advising on the structure and timetable of the transaction, reviewing the transaction documents, preparing the necessary filings and interacting with the relevant competition authorities investigating the deal. We also intervene with the authorities for third parties whose business may be impacted by a proposed M&A transaction.
Cartels and abusive practices
We assist our clients with investigations by competition authorities into anti-competitive practices such as cartels or abuse of dominant position or economic dependence. This includes advice on strategic decisions such as opting for leniency or entering into settlement discussions. We also act on the complainant side and assist our clients in urging competition authorities to act against harmful anti-competitive practices.
Commercial agreements
We advise our clients on the competition law aspects of their cooperation projects, be it in the form of supply or distribution agreements, licensing, R&D or other types of cooperation, such as sustainability projects, joint ventures or other ad hoc cooperation projects.
Audits and compliance programmes
We are well equipped to and regularly do conduct risk assessments and audits of practices that may raise competition law concerns. We also design effective and robust compliance programmes that reflect the constantly evolving nature of competition law. With these programmes, our guidance and training, we contribute to a strong compliance culture within companies and other organisations.
Competition litigation
We assist our clients in seeking injunctive relief before national courts or considering initiating
civil actions for damages, either on a standalone basis or as a follow-on to infringement decisions of competition authorities. We also intervene in the appeal procedures against enforcement decisions of EU and national competition authorities.
Investment control
Within the EU, national investment control regimes have become an important feature when structuring M&A transactions. Almost all EU Member States now have investment control regimes in various shapes and sizes. We regularly assist and advice our clients on FDI filings in our three home jurisdictions and coordinate notifications outside the Benelux.
Monthly newsletter Competition & Investment Control
Would you like to receive regular updates on current developments in Competition & Investment Control? Register here to receive our monthly newsletter with the latest news in your mailbox.