ANTITRUST

Marc Picat

Competiton – EU & belgian competition law

Assistance in preventing anti-competitive practices

  • Analysis of commercial practices and contractual relationships, in the light of competition law requirements, in order to prevent risks of anti-competitive practices and abuses of dominance
  • Implementation of compliance programs & whistle blowing procedures

litigation before EU & Belgian competition authorities and courts

  • Representation of clients before the EU and Belgian competition authorities (EU commission, court of first instance, court of justice, national competition authority)
    • Assistance during investigations by the competition authorities
    • Drafting of complaints against competitors
    • Applications for leniency programs
    • Representation at court hearings

Analysis of mergers and acquisitions

  • Filing of mergers, acquisitions, joint-ventures, before the EU commission or before the National Competition Authority
  • Multiple filing cases
  • Market tests

Analysis of regulated markets and of the opening of regulated sectors to competition

  • Assistance to clients wishing to enter into specific regulated markets and sectors
  • Assistance in dealing with market regulations applicable to pharmaceutical products, medical devices and pharmaceutical establishments; analysis of interactions between pharmaceutical law and competition law

State aids

  • Assistance to clients relating to various state aids matters
  • Filing of state aids cases before the EU commission

Distribution – International commercial agreements – Commercial practices

Analysis and definition of horizontal and vertical relations pursuant to specific competition regulations, as applicable to the following:

  • Distribution agreements (exclusive, selective, franchise)
  • Commercial agency agreements & other representative agreements
  • Manufacturing and supply agreements
  • R & D agreements (with the IP department)
  • Technology transfer agreements (with the IP department)
  • Dispute resolution : litigation, Arbitration, Mediation

Dealing with mandatory public policy rules regulating commercial loyalty, commercial transparency and invoicing:

  • General terms of sale, general terms of purchase
  • Mandatory provisions applicable to commercial relations between suppliers and distributors
  • Framework agreements between suppliers and distributors
  • Service agreements between distributors and suppliers
  • Analysis of terms of payment in the light of mandatory rules on payment deadlines and late payment indemnities

Consumer law

  • Rules applicable to advertising (false advertising, misleading statements, comparative advertising)
  • Analysis of offers presented to consumers (presentation of products & prices, lotteries, gifts, etc.)
  • Analysis of warranty terms presented to consumers
  • Analysis of (product) liability regimes

Internal market

  • Free movements
  • Company law

RECENT ASSIGNMENTS

  • Assisting a Swiss Luxury Goods company against its distributor in Europe with regard to competition issues
  • Advising a US company specialized in the microbiological and chemical food analyses in a competition proceeding against the Belgian State
  • Advising a US Chemical company in its acquisition of a business from a European company and its related Merger control consequences in Europe and China
  • Advising a Swiss Consumer Goods company against the Belgian State on the compatibility of national rules with a Tax Directive and the free movement of establishment
  • Assisting a Spanish company in its European distribution reorganization and towards Belgian competition counsel
  • Advising a French company in the beverage sector for compliance with EU regulatory rules
  • Negotiation and drafting various types of commercial agreements for various clients to comply with European rules
  • Advising a Swiss watch company in its litigation matter against its distributor in Belgium with regard to EU competition legislation and International private law
  • Advising a leading US sportswear company in its distribution restructuring in respect of competition matters
  • Advising a leading telecom company in its litigation matters with its agency and services structure in 5 European countries and USA
  • Advising and assisting a US computer wholesale distributor in its commercial relationship with its European distributors and with its suppliers in respect of EU competition law
  • Advising a French luxury clothes company in its litigation matters towards its agents in 7 European countries and Switzerland
  • Advising a leading US agro-chemical company listed on the NYSE on appropriate sales terms and conditions for its products and seeds in 19 EMEA countries and in the settlement of the termination of certain commercial agreements
  • Advising US medical device company in the implementation of its agency structure in Europe
  • Successfully representing a Member State before the European Court of Justice in an infringement procedure relating to the free movement of capital and the right of establishment: the Golden Share
  • Advising a federation of Swiss watch makers on the EU vertical restraints rules and the drafting of its internal guidelines and manual;
  • Assisting a company in a dawn raid procedure to prevent a litigation with the Commission
  • Negotiating merger/acquisitions transactions and advising on the application of EU merger control including drafting the form CO and liaising with the Merger Task Force
  • Assisting undertakings in merger notifications to the Belgian competition authorities

News & Publications

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