Competition & Regulation

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Strategic competition advice for multinational clients, globally

… in enforcement actions and transactions, with an emphasis on Europe. Active across almost the entire spectrum of Competition and Regulatory law, our large, integrated Amsterdam/Brussels-based team handles multiple complex matters in parallel fashion.



We have experience in obtaining clearance of complex merger control cases involving potential remedies before the European Commission and other competition agencies worldwide. Our team has handled many high-profile, data-intensive cartel cases before the European Commission, and has a track record of getting fines annulled before the European Courts.


We have extensive experience of taking the lead in cross-border matters with tight cost control measures in place, and efficiently coordinate merger filings, often in numerous jurisdictions, worldwide. We are involved in all pending civil cartel damage actions in the Netherlands, and work closely together with our civil litigation specialists to assist our clients in their most complex matters.


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Recent Matters

6 July 2022

Just Eat Takeaway.com N.V. announces commercial partnership with Amazon in the US

De Brauw advised Just Eat Takeaway.com N.V. on the commercial agreement between its US subsidiary Grubhub, Inc. and Amazon. The commercial agreement enables Amazon Prime members in the United States to sign up for a free, one-year Grubhub+ membership and access unlimited $0 delivery fees from hundreds of thousands of restaurants on Grubhub throughout the year.
30 June 2022

Parcom and other shareholders sell Altrex to Frénéhard & Michaux

De Brauw advised Parcom and the other shareholders on the sale of the Altrex group to the Frénéhard & Michaux group (. The Altrex group is specialised in non-permanent aluminium access equipment such as scaffolds, stepladders, ladders and suspended platforms.
1 June 2022

De Brauw advises AkzoNobel on its acquisition of African paints and coatings activities from Kansai Paint

De Brauw acted as lead counsel to AkzoNobel in its agreement to acquire all paints and coating activities of Kansai Paint in Africa. The transaction concerns the acquisition of companies across 12 countries with a consolidated revenue of around EUR 280 million. The intended acquisition involves the Plascon brand, one of the oldest paint brands in the region with a heritage of more than 100 years, as well as activities related to decorative paints, protective coatings and coatings for wood and coil. The transaction is subject to regulatory clearance and is expected to be completed in the course of 2023.

Global Competition Review's 'European Law Firm of the Year 2021'

2021
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EXPERTISE ANCHORED AT THE HEART OF EUROPE

Our cross-border capability in Europe is second to none.


Over the years, we have earned a reputation for getting enforcement actions neutralised and complex transactions cleared. We collaborate closely with those law firms which form part of our network of Best Friends and together form one of the largest European competition practices in Brussels. We cover all of the major European jurisdictions and are ranked as the best by the legal directories in each of these jurisdictions.

More than 175 Lawyers
40+ Brussels-based lawyers
Across 7 EU Member States

Our Brussels Office

The team are legally sharp, practical and no-nonsense... the advice is always very precise. They understand what we want as a client.

Chambers Europe, 2021

Insights

25 July 2022

EU foreign subsidy control regime on the horizon: co-legislatures reach agreement

The European Parliament and Council of the EU have agreed on a draft text for the upcoming Foreign Subsidies Regulation (FSR). The FSR is intended to fix a regulatory asymmetry: state aid granted by EU member states is subject to strict checks, but there is no equivalent scrutiny of financial contributions by third countries to companies active in the EU. The FSR will make M&A deals or public procurement bids fuelled by foreign financial contributions notifiable to the European Commission if they meet certain thresholds. Notified M&A deals will remain suspended, and procurement contracts cannot be awarded, until there is a clearance decision from the Commission. Even when the notification thresholds are not met, the Commission might "call in" M&A deals before their implementation or bids before the award of the public contract. Under a general market investigation power, the Commission may also review implemented concentrations or awarded public contracts. In practice, this means dealmakers will have to navigate a variety of regimes and jurisdictions as an M&A deal could be subject to national or EU merger control, national security/foreign direct investment (FDI) control, and now also, EU foreign subsidy control.
13 June 2022

Dutch Supreme Court: legal privilege for in-house counsel if independence is guaranteed

Are foreign lawyers acting as in-house counsel covered by legal privilege in the Netherlands? In a recent ruling, the Supreme Court held that they can invoke legal privilege, but only if their independence is guaranteed.
20 April 2022

Netherlands introduces new access to public information regime

The Open Government Act (Woo) will enter into force on 1 May 2022, replacing the current law (Wob). The aim of the new law is to create a more transparent government that actively discloses information. The changes contained in the new law, especially in terms of active disclosure, are a significant departure from the current regime, where information has been mostly disclosed on request. That is not the only change though: there will be new exceptions to disclosure, a shorter decision-making period, and a central platform where all information is made public. In addition, the new law will apply to a wider range of public authorities. Under the new act, private companies will be asked more often to respond to intended disclosures. The new regime will not only apply to new documents, but also for documentation which is already in the possession of administrative bodies.

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