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EU and competition law


Presentation


Janson offers a large variety of services relating to antitrust/competition rules and EU law in general.

Janson represents national and international firms before the European Commission, the Court of Justice of the European Union, national competition authorities and courts.

Over the years, the firm has built a serious track record in high stake litigation involving critical State interests (e.g., in financial sector regarding the restructuring of Argentina’s sovereign debt, in energy, or in state aid cases).


Experience


Antitrust and Competition

Janson defends companies in all areas of antitrust/competition rules, in particular, in highly regulated industries, such as energy, finance, ICT or pharma.  The firm represented clients in cartel investigations, in abuse of dominance proceedings, in State aid  cases and in merger control processes.

Our firm has been involved in a number of cartel proceedings both at national and EU levels, and in major abuse of dominance investigations both as complainant and dominant company.  Janson defends clients in follow-on litigation.

Regarding State aids, our firm has obtained significant successes before national courts that enabled to restore the client’s position in a competitive market and maximize the financial outcome of the litigation.  This national strategy goes together with actions before the EU Commission that has exclusive jurisdiction to decide the compatibility of a State aid with the Internal Market.

In each competition case, the strategy is designed with the client from the very outset of the investigation and adjusted throughout the proceeding to minimize the risk exposure to fines and to protect the clients’ interest in a context of increasingly frequent follow-on litigation.

EU Law 

Beyond antitrust/competition, Janson advises its clients  on EU law and represents them in court litigation. 

Also, Janson assists other lawyers to navigate through EU law and build up new arguments in national procedures.  Often, EU law arguments have made possible radical changes in the dynamics at stake.

The firm guides its clients on the EU legal regime applicable to highly regulated industries such as energy, finance, pharma and ICT.  Janson’s expertise also covers various other fields of EU law such as trade policy, public procurement, distribution, intellectual property, EU funding and Common Agricultural Policy.

More generally, Janson’s assistance also relates to problematics on the functioning of the Internal Market – including the  four fundamental freedoms (the free movement of goods, services, capital and freedom of establishment) with their national implications –   and on the enforcement of EU law in the Member States (preliminary ruling to the EU Court of Justice, consistent interpretation of national law, minimum and maximum harmonization, direct effect, fundamental rights, role of national courts in the enforcement of EU law, Member States liability, action for annulment, action for failure to act, action for interim relief etc.).

Interventions


  • Representation of Transgaz SA in abuse of dominance investigation in the gas industry;
  • Representation of leading waste management companies in State aid case against Brussels capital Region (Belgian State);
  • Representation of three hedge funds in major litigation re hybrid securities issued by former Fortis group; 
  • Representation of large IT group in public procurement dispute;
  • Representation as lead counsel of three hedge funds in major financial litigation in Belgium and several EU Member States; 
  • Advising a GIE on various antitrust items in the gas industry; 
  • Representation of a Swiss company in a cartel investigation conducted by the Belgian Competition Authority and subsequent follow-on litigation; 
  • Representation of a large French group in a cartel investigation;
  • Advising the « Cheval français » on various EU regulatory issues ; 
  • Representation of 11 US hedge funds against Euroclear Bank and Bank of New York to obtain the payments made by the Republic of Argentina in reimbursement of the Republic’s restructured debt issued in 2005 and 2010;
  • Representation of a trade association in the FMCG industry before the Belgian Competition Authority; 
  • Representation of a US company in its leniency request with the Belgian Competition Authority ; 
  • Representing Eli Lilly in several notifications with the EU Commission under EU rules relating to control of concentration ;
  • Representation of a large company involved in the animal health business as a third party in various merger proceedings before the European Commission;
  • Representing Oracle in its acquisition of Sun Microsystem  before the European Commission and several competition agencies worldwide;
  • Representing a large US company before the European Commission in one of its largest investigation relating to an abuse of a dominant position;
  • Representing ICI in the Methacrylates cartel investigation conducted by the European Commission;
  • Representing United Airlines in its merger control notification of the then aborted merger with US Airways before the European Commission; 
  • Advising various financial institutions on EU regulatory issues. 

Our team


Partners
* s.c.r.l Janson Baugniet c.v.b.a.


Contact

Brussels: + 32 2 675 30 30
Nivelles +32 67 21 79 95
Ghent: +32 9 240 77 20
Mons: +32 65 22 10 00
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