For a detailed view of our overall services, capabilities and involvement at the forefront of EU competition law, please view our brochure, European Competition Practice [PDF].
The Brussels office was established in 2003 and is the hub of the Firm's Competition Law practice in Europe, working alongside the London, Paris and Munich offices, which form part of the Firm's Antitrust Practice group. The European offices, practicing in close cooperation with our long-established antitrust practice in the United States, combine to service the Firm's clients on all aspects of European Union and EU national competition law, including competition advocacy.
Competition Law
The Brussels office represents clients across all industries in complex mergers, acquisitions and joint venture clearances before the European Commission and EU national competition authorities; the defence or prosecution of actions under Article 82 EC (and national equivalents) for the abuse of a dominant position, including cases involving allegations of joint dominance; the representation of parties involved in cartel investigations and in respect of applications for amnesty/immunity and leniency; the structuring of various vertical and horizontal relationships for all forms of distribution, intellectual property licensing and cooperation arrangements, so as to comply with the requirements of Article 81 EC under the new "self-assessment" regime; the assessment of State Aids schemes with regard to their compatibility with the requirements of the EC Treaty; and advising on the interface between intellectual property rights protection and competition rules.
The Brussels office attorneys have extensive experience in handling cartel investigations in the European Union. Gibson Dunn's attorneys have been involved in some of the most hard-fought cartel cases and have significant experience in coordinating European cartel investigations with private US litigation. Global Competition Review has said of Gibson Dunn's cartel practice that "No firm is more at the heart of key cartel matters."
Sectoral Skills
A particular area of expertise enjoyed by the Brussels office is its leading position in advising both major market actors and regulators across the European Union in the communications sector (telecommunications, broadcasting and Information Technology) on the processes of market definition and market analysis made in accordance with competition rules. The Brussels office holds a pre-eminent position in the provision of legal services for all aspects of communications law and policy, and its counsel is sought well beyond the territory of the European Union. Our Brussels team has been at the forefront of Community policy in this respect, both through its advice to the European Commission on a number of milestone studies, and in its representation of key market actors in important mergers or infringement actions affecting the sector.
Our attorneys obtained a major victory for MCI before the European Court of First Instance in which the Court annulled the decision of the European Commission which blocked the merger between MCI and Sprint, ruling that the Commission had lacked jurisdiction.
From 2006 to 2008, the Brussels team has been nominated for "TMT Law Firm of the Year" award by The Belgian Legal Awards (BLA). Chambers Global Guide 2007-08 writes that the team "has deep experience of the full range of European antitrust enforcement and is appreciated for its excellent strategic sense and institutional and political understanding of issues. The team is also described as "very friendly--a pleasure to work with."
Other network industries where the Brussels office also has significant experience include the financial services sector (one of our partners having previously been head of the Financial Services Unit of the European Commission's Directorate General for Competition), as well as in the aviation, media, security, and pharmaceutical sectors. Moreover, the Brussels office has unique experience in relation to sectoral enquiries under competition rules with its lawyers having played critical roles in a number of enquiries affecting the communications and media sectors.
Effective Representation
The effective representation of the Firm's clients increasingly requires both advocacy skills and the ability to act at European Union level and at the level of the courts and competition authorities of the individual EU Member States. Our attorneys are highly regarded advocates with significant experience in representing clients both in hearings before competition authorities as well as in court, including before the European Courts of Justice.
The European Union competition rules are substantially harmonised across its 27 Member States and are very influential beyond. Our attorneys are frequently called upon to assist clients with issues which arise at the local level, often in more than one Member State at a time. In addition to ensuring a coordinated response, our attorneys are able to represent clients before the national competition authorities, including, where appropriate, with the assistance of local counsel.
In Europe, Gibson Dunn has been recognised by the specialised press as a leading antitrust practice almost from the opening of its Brussels office. Most recently, the Brussels office has been recognised as a recommended firm ffor competition law services by the 2007/2008 edition of the Practical Law Handbook and is recognized in the 2007 edition of European Legal 500 as a recommended firm in the field of Competition and EU regulatory law. It has also been short-listed for the past three years as the IT/IP law firm of the year at the Belgian Legal Awards. In addition, Brussels Partners Peter Alexiadis and David Wood were ranked among the leading Competition/Antitrust Partners in Brussels by Chambers and Partners 2007-2008 Global Guide to the World's Leading Lawyers, as well as by Global Competition Review's 2008 Who's Who of International Competition Lawyers and PLC's Which Lawyer? 2007.
Our Brussels office has been recognised as one with "followings in the Japanese market" and as a "recommended" firm for Japanese competition law by Global Competition Review.
Other Disciplines
Other fields in which the Brussels office attorneys provide advice on are Community law issues, including the application of harmonised EU standards, free movement of goods and services, trade law issues (including anti-dumping, customs law and WTO matters), procurement issues and government contracts benefiting from Community funding programs, and product certification measures in accordance with EC requirements. Our attorneys also provide unique expertise in advising Japanese companies involved in international cartel investigations.
Academic Participation
Our Brussels attorneys are committed to making academic contributions. Members of the team teach and lecture in a variety of universities such as King's College London, the University of Strathclyde, Glasgow, the Technical University, Vienna and the Université Libre de Bruxelles. The team regularly publishes articles across a wide range of policy, competition law and regulatory subjects and members are frequently called upon to chair or speak at seminars and conferences, on an array of Competition and TMT issues.
For more information, please contact David Wood , the Partner-in-Charge of our Brussels office, at +32 2 554 7210, or Peter Alexiadis at +32 2 554 7200.