Competition Litigation

The sweeping modernisation reforms embodied in Regulation 1/2003 and the bundle of accompanying Notices and Guidelines have major consequences for the resolution of disputes in the competition field. The right to claim damages in national courts for injury caused by breaches of competition law is a reality, which the Commission and EU Courts are promoting as an effective means of discouraging breaches of the competition rules. Taking into account the powers of the national competition authorities to apply the EU competition rules, EU competition law is being enforced both at the EU level and at national level to a greater degree than ever before. This system of “parallel enforcement” calls for carefully coordinated strategic planning in regard to when and where to litigate or bring a complaint and how to defend a company’s rights and business interests.

Members of Van Bael & Bellis have been litigating before the EU Courts, Belgian and other Member State courts and arbitral bodies for several decades. As well as litigating pure competition cases, the firm is skilled in introducing competition arguments into contractual and other types of commercial disputes. At the EU level, the firm regularly acts in appeals for annulment, third party interventions and preliminary references.