Legal Developments and Case Law Highlights in 2023
The Fall Meeting 2023 in Lisbon, Belgium addressed important legislative developments in FDI and relevant case law with EU implications. Topics included one-stop-shop notification for deals post-July 2023 and a case involving Proximus acquiring EDPNET with alleged abuse of dominance. The session highlighted significant legal challenges and ongoing investigations impacting the business landscape.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Fall Meeting 2023 LISBON BELGIUM Roundtable session 20 October 2023
A. Important legislative developments FDI: Applicable to deals signed after 1 July 2023 One-stop-shop notification and review by the Interfederal Screening Commission Notification is mandatory and suspensory (standstill obligation) Further details: see ATA questionnaire 2
B. Relevant case law with EU importance Proximus acquisition of EDPNET: prima facie abuse of dominance ( Belgian Towercast case ) EDPNET is operator active in supply of broadband communication services in Belgium, undergoing a judicial reorganization procedure; several offers for the takeover of EDPNET have been submitted, including offers of Proximus and Citymesh (winner of the 4th5G spectrum licence); thresholds for prior merger control not reached; 21 March 2023: Ghent enterprise court orders transfer of EDPNET s activities to Proximus; 22 March 2023: Prosecutor General of BCA opens ex officio investigation in view of the serious indications of substantial obstacles to competition brought to its attention and referring to Towercast landmark judgment of 16 March 2023; 12 April 2023: Prosecutor General of BCA makes for the first time use of his prerogative to request the adoption of interim measures by the Competition College; 21 June 2023: Decision of the Competition College imposing interim measures aiming at ensuring the continuity of the activities of EDPNET while maintaining its operational and commercial independence from Proximus pending the outcome of the investigation on the merits and appointment of monitoring trustee. 3
B. Relevant case law with EU importance Proximus acquisition of EDPNET: prima facie abuse of dominance ( Belgian Towercast case )- II Citymesh launched appeal against decision of Ghent enterprise court ordering the transfer of the activities of EDPNET to Proximus before Ghent court of appeal; Proximus launched appeal against decision of BCA imposing interim measures before Brussels Market court; BCA carries out investigation in procedure on the merits. TO BE CONTINUED 4
C. Cases handled by the team Campine Background: appeal against Commission decision of 8 February 2017 in Car Battery Recycling case (AT.40018); GC reduced the 8.2 Mio EUR fine imposed on Campine to 4.2 Mio EUR; amount of annulled fine reimbursed by Commission to Campine Application to GC to order Commission to pay interest on part of fine annulled by GC at ECB REFI rate + 3,5% 8 March 2023: GC decision ordering the Commission to pay Campine also interests on the part of the annulled fine at EC REFI rate + 3,5% (and compound interest) Appeal by the Commission before the CJEU suspended after written procedure awaiting the decision CJEU in Deutsche Telekom case (opinion AG to be delivered on 23 November 2023). 5
C. Cases handled by the team Ongoing: Royal Excelsior Virton/Royal Belgian Football Federation Football club Royal Excelsior Virton (finishing bottom of the division this season and facing relegation to amateur third tier) claimed in arbitration proceedings that football club SK Lommel (Manchester City stablemate) should not have been granted the professional licence it needs to compete in the Challenger Pro League next season; SK Lommel would have received foreign subsidies (prima facie) infringing the EU Foreign Subsidy Regulation 2022/2560; granting the licence in these circumstances would constitute an infringement of Article 101 TFEU by the Royal Belgian Football Federation; 22 May 2023: C-SAR dismissed the appeal by Royal Excelsior Virton; 10 August 2023: Brussels Court of first instance dismisses request by Royal Excelsior Virton for preliminary measures; procedure on the merits pending; Royal Excelsior Virton also lodged a complaint against SK Lommel with the European Commission under the FSR Regulation requesting the Commission to initiate an ex officio investigation. 6
