Gibson Dunn's Brussels team works across a wide range of industries on complex mergers, acquisitions and joint venture clearances before the European Commission and EU national competition authorities. In connection with the application of the Treaty on the Functioning of the European Union (TFEU) and the various secondary legislative materials enacted under it, we handle:
- Actions under the TFEU and national equivalents for the abuse of a dominant position
- Assessment of state aids schemes to determine or challenge their compatibility under TFEU requirements
- The structuring of various vertical and horizontal commercial relationships for all forms of distribution, intellectual property licensing and cooperation arrangements
- Complex mergers falling under the EU Merger Control Regulation and national merger rules
The team in Brussels has an acknowledged strength in representing parties involved in cartel investigations, including applications for amnesty/immunity, leniency and settlement negotiations. Our lawyers are active in the implementation of antitrust compliance programs and the conduct of antitrust audits and training. We guide parties and their trade associations on navigating through EU and national antitrust sector inquiries.
The Brussels office advises on EU issues affecting clients' strategic market interests or business models. Whether working on an innovative monopolization defense, a complex merger review, a sweeping cartel investigation or the development of a sophisticated pan-European sales channel, we adopt forward-looking approaches that allow our clients to make informed choices at each critical stage of the relevant procedure. We have a proven record of coordinating the most difficult EU/U.S. merger filings and cartel investigations with private litigation aspects.
In the communications sector, we advise both major market actors and regulators across the European Union on the processes of market definition and market analysis made in accordance with competition rules. The Brussels team has extensive experience handling intellectual property, security and privacy issues, especially as they relate to the Internet. We also have deep capabilities in net and search neutrality and interoperability matters. Our lawyers are the first choice for corporations with distribution issues across the European Economic Area, particularly those related to online commerce in the consumer goods sector.
The Brussels office has significant experience in the telecommunications, financial services/insurance, aviation, media, security and pharmaceutical sectors. We also have significant expertise in the energy sector, especially as regards the application of competition and regulation, including state aids rules. We are highly regarded advocates with considerable involvement representing clients both in hearings before competition authorities and in courts, including those in Europe.