General Court partially annuls Commission's dawn raid order against Michelin

Earlier this week the General Court partially annulled the Commission’s dawn raid order against Michelin, ruling that the Commission did not have enough evidence for part of the duration of the alleged price fixing cartel to conduct a dawn raid.

The case concerns a legal challenge by Michelin against a dawn raid carried out by the Commission on its premises on 30 January 2024. The Commission suspected Michelin of participating in a price fixing cartel with other tyre manufacturers for replacement tyres for cars and trucks in the EEA. Michelin argued the Commission’s decision lacked proper reasoning and infringed its fundamental rights. It is on the first grounds that Michelin scored a partial victory.

The General Court largely sided with the Commission, confirming that the 𝐢𝐧𝐬𝐩𝐞𝐜𝐭𝐢𝐨𝐧 𝐰𝐚𝐬 𝐣𝐮𝐬𝐭𝐢𝐟𝐢𝐞𝐝 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐦𝐚𝐢𝐧 𝐩𝐞𝐫𝐢𝐨𝐝 under investigation. The Court found that for that period the Commission had sufficiently serious indications of a potential anti-competitive conduct.

However, the Court 𝐚𝐧𝐧𝐮𝐥𝐥𝐞𝐝 𝐭𝐡𝐞 𝐝𝐚𝐰𝐧 𝐫𝐚𝐢𝐝 𝐨𝐫𝐝𝐞𝐫 𝐟𝐨𝐫 𝐚𝐧 𝐞𝐚𝐫𝐥𝐢𝐞𝐫 𝐩𝐞𝐫𝐢𝐨𝐝, ruling that there was insufficient evidence to suggest that a suspected price fixing cartel existed during that earlier period. The mere plausibility that the tyre manufacturers engaged in a price fixing cartel for the earlier period as well was not sufficient. This decision of the General Court narrows the scope of the Commission’s investigation, as the Commission cannot use any information seized covering that earlier time period.

🚨 This judgment underlines once again the importance for companies to closely scrutinise the dawn raid order when being confronted with a competition authority at their doorstep. It is also a reminder for competition authorities to carefully assess whether there are sufficiently serious indications of an alleged infringement before carrying out a dawn raid.

𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨? Read the full text of the judgment (only in French) here: https://lnkd.in/eycihATQ.

𝐀𝐧𝐲 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Please do not hesitate to get in contact.

#ECJ #GeneralCourt #CompetitionLaw #DawnRaid #Cartel #FishingExpedition

Competition Summer School at ELSA Antwerpen

Last week, our competition counsel Mathieu Vancaillie and competition senior associate Michèle de Clerck delivered an interesting competition law compliance training to a group of international law students at the ELSA Antwerpen Summer School.

It was an interactive session thanks to the enthusiasm of the students that were present.

𝐒𝐨𝐦𝐞 𝐤𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬:
• Identifying anti-competitive practices (including rules on horizontal and vertical agreements)
• Highlighting who should comply
• Providing tips on how to comply

Are you also interested in a compliance training by 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭? Check our compliance tools on our website.

#competitionlaw #compliance #ELSAAntwerpen #lawstudent #meetcontrast #studentcorner

contrast is hiring two mid-level to senior commercial lawyers

Are you a talented commercial lawyer looking for the next big step in your career? Join our expanding commercial team at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 and take advantage of this unique opportunity to grow professionally in a dynamic and supportive environment.

𝐖𝐡𝐲 𝐣𝐨𝐢𝐧 𝐮𝐬?
• 𝐓𝐨𝐩 𝐜𝐥𝐢𝐞𝐧𝐭𝐬: Engage with high-profile clients and work on challenging cases, both international and domestic.
• 𝐂𝐚𝐫𝐞𝐞𝐫 𝐠𝐫𝐨𝐰𝐭𝐡: Develop your skills with extensive training opportunities and a clear path for advancement.
• 𝐂𝐨𝐥𝐥𝐚𝐛𝐨𝐫𝐚𝐭𝐢𝐯𝐞 𝐭𝐞𝐚𝐦: Work closely with our corporate, competition and dispute resolution teams.
• 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐝𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭: Publish legal articles, co-write one of our handbooks, and speak at industry events.

𝐖𝐡𝐚𝐭 𝐰𝐞’𝐫𝐞 𝐥𝐨𝐨𝐤𝐢𝐧𝐠 𝐟𝐨𝐫:
• Master of Laws with excellent academic results.
• 2 to 5 years of experience (mid-level) or 5 to 7 years of expertise (senior) in commercial practice.
• Fluency in Dutch and English; French is a plus.
• Entrepreneurial mindset and alignment with our core values.

Ready to make a significant impact?
•  Apply via our website; or
• Contact our counsel Eva Alboort directly via LinkedIn or eva.alboort@contrast.law.

#hiring #legaltalent #commerciallaw #commerciallawyer #joinus #contrastcareers

A warm welcome to our July interns!

We are pleased to welcome Eva, Camille, Gilles and Alixe as our summer interns for July.

Over the next month they will join our competition & EU, corporate & M&A and commercial team.

We are excited to have them on board, and wish them an insightful internship with us!

Are you also ready for a summer (or winter) filled with learning opportunities and vibrant experiences? Explore our student internships and other career opportunities for 2026 here.

Check out their photo here.

#internship #legalinternship #lawstudent #careergrowth #summerintern #learningopportunities #studentcorner

Celebrating the start of summer with law students at contrast

Last week, many law students visited our office and enjoyed the ‘summer vibes @ 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭’.

They relished refreshing drinks, a delicious walking dinner and engaging conversations with our team and other fellow students.

A big thank you to the enthusiastic and fun group of students who attended the event. It was fantastic getting to know you all!

Did you miss it? No worries! You can still learn more about 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 and our internships via our website.

#lawstudents #rechtenstudenten #networking #legalcareer #futurelawyers #summervibes #meetcontrast #studentcorner

ECJ clarifies that an asset swap does not qualify as a 'single concentration' for merger control purposes

Last Thursday, the European Court of Justice clarified the concept of a ‘single concentration’ for merger control purposes (Joined Cases C 464/23 P, C 465/23 P, C 467/23 P, C 468/23 P and C 470/23 P).

The case concerned a complex asset swap between the German energy companies RWE and E.ON by means of three concentration operations. The first and second concentration operation were approved by the European Commission while the third one was approved by the German Federal Competition Authority. Eleven German municipal authorities challenged the two Commission approval decisions before the General Court and subsequently before the Court of Justice claiming that the three concentration operations constitute a single concentration and ought to have been examined by the European Commission in the context of one single merger control procedure at EU level.

In its judgment the Court clarified that two or more transactions may constitute a single concentration for merger control purposes only if, “in addition to their necessary interdependence, they lead to conferring sole control on an undertaking, or joint control on two or more undertakings, over one or more other undertakings.” In light hereof, the Court stated that the concept of a ‘single concentration’ cannot apply if independent undertakings gain control of different targets, which is for example the case in an asset swap. The Court thereby confirmed the interpretation given by the General Court to this concept.

𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨? Read the full text of the judgment here.

𝐀𝐧𝐲 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? If you have any questions, please feel free to contact Herlinde Burez, competition partner, or Laura Sente, senior associate.

#ECJ #EuropeanCourtofJustice #CompetitionLaw #mergercontrol #contrastupdate

Updated Dawn Raid Guidelines published by the Belgian Competition Authority

📅 On Friday 𝟐𝟎 𝐉𝐮𝐧𝐞, the 𝐁𝐞𝐥𝐠𝐢𝐚𝐧 𝐂𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐀𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲 (𝐁𝐂𝐀) published an 𝐮𝐩𝐝𝐚𝐭𝐞 𝐨𝐟 𝐢𝐭𝐬 𝐝𝐚𝐰𝐧 𝐫𝐚𝐢𝐝 𝐠𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬. These new guidelines replace those in place since 2013 and codify the BCA’s current practices.

🛡️Notably, the update includes 𝐆𝐃𝐏𝐑-𝐫𝐞𝐥𝐚𝐭𝐞𝐝 𝐚𝐬𝐩𝐞𝐜𝐭𝐬 of dawn raids — a key consideration for compliance teams.

🏠 However, the guidelines 𝐝𝐨 𝐧𝐨𝐭 𝐚𝐝𝐝𝐫𝐞𝐬𝐬 the impact of
𝐢𝐧𝐜𝐫𝐞𝐚𝐬𝐞𝐝 𝐡𝐨𝐦𝐞𝐰𝐨𝐫𝐤𝐢𝐧𝐠, such as:
• The likelihood of 𝐡𝐨𝐦𝐞 𝐬𝐞𝐚𝐫𝐜𝐡𝐞𝐬
• Obligations of 𝐫𝐞𝐦𝐨𝐭𝐞 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬 during dawn raids

⚖️ Still, the updated guidelines serve as a 𝐬𝐭𝐫𝐨𝐧𝐠 𝐫𝐞𝐦𝐢𝐧𝐝𝐞𝐫 that the BCA is fully prepared to use 𝐚𝐥𝐥 𝐥𝐞𝐠𝐚𝐥 𝐭𝐨𝐨𝐥𝐬 at its disposal — including dawn raids — emphasizing the need for companies to be 𝐰𝐞𝐥𝐥 𝐩𝐫𝐞𝐩𝐚𝐫𝐞𝐝.

📄 You can check out the updated BCA dawn raid guidelines here in 𝐅𝐫𝐞𝐧𝐜𝐡 𝐚𝐧𝐝 𝐃𝐮𝐭𝐜𝐡.

𝐀𝐧𝐲 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Don’t hesitate to get in touch.

#belgiancompetitionauthority #BCA #dawnraids #competitionlaw #antitrust #lawfirm #contrastupdate

contrast receives VCDO certificate

𝐂𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐎𝐮𝐫 𝐂𝐨𝐦𝐦𝐢𝐭𝐦𝐞𝐧𝐭 𝐭𝐨 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲!🌍

Last week, 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 was honoured to be one of 45 companies to receive the 2025 ‘Voka Charter for Sustainable Entrepreneurship’ certificate. Our colleagues Bart Bellen, Marthe Wouters, and Hendrik Verbruggen proudly accepted this recognition for our team.

Over the past year, we have implemented a robust action plan grounded in the five pillars of the United Nations Sustainable Development Goals: People, Planet, Prosperity, Peace, and Partnerships. 🌍

We are very proud that our efforts have been recognised by an independent evaluation committee. Our progress would not have been possible without the support of our Voka - Kamer van Koophandel Vlaams-Brabant advisor Adriana Wilmots, and the hard work of our dedicated ESG team Eva Alboort, Karlien De Ryck and Marthe Wouters. A big thank you to them!

We would also like to extend our congratulations to the other companies that received a certificate for their achievements. We are proud to be part of this community and look forward to continuing our sustainability journey together.

Stay tuned to learn more about the initiatives that earned us this certificate and our new action plan for the upcoming year. 🌿

#sustainability #VCDO #ESG #SDG #CSRD #VCSE #contrastcares

Last call. Rechtenstudenten, let op!

Staat donderdag 26 juni al in je agenda?

We organiseren die dag een gezellig, zomers tuinevent voor rechtenstudenten op ons kantoor. Alle 3de bachelor, alsook 1ste en 2de master rechtenstudenten (inclusief LL.M. en ManaMa studenten) zijn welkom om na de examens te komen genieten van onze mooie tuin met een lekker hapje en drankje!

Tijdens het event zal je op een leuke manier kennis kunnen maken met ons team, en eventueel al een stage (zomer-, winter- of baliestage) voor 2026 kunnen verzilveren.

𝐖𝐚𝐭 𝐤𝐮𝐧 𝐣𝐞 𝐯𝐞𝐫𝐰𝐚𝐜𝐡𝐭𝐞𝐧?
• Een ontspannen sfeer met zomerse vibes
• Kennismaking met onze partners en HR-team
• Informele gesprekken met onze medewerkers uit al onze vakgroepen (competition & EU | corporate & M&A | commercial | conflict management)
• Rondleidingen door ons kantoor
• Waardevolle tips voor je studie en carrière
• Mogelijkheden om te connecteren met andere studenten

Wil je dit unieke event niet missen? Schrijf je dan zeker hier in en bekijk zeker ons leuk filmpje over het event.

Tot dan! 👋

#lawstudents #rechtenstudenten #LLM #legalcareer #networking #studentcorner #meetcontrast

In the Picture - Say 'cheese' to cross-border sales

𝐈𝐦𝐚𝐠𝐢𝐧𝐞 ... 💭

You are a Dutch cheese producer and work with an exclusive importer in Belgium.

When one of your Dutch customers opens supermarkets in Belgium and sells the cheese purchased from you in those supermarkets, the importer is unpleasantly surprised and wants you to protect him against the sales of your Dutch customer. You are sympathetic to this argument, but when you send an e-mail to your Dutch customer about this, he is anything but happy. He believes that you violate competition law.

You are shocked by this reaction. Earlier, you had heard from your in-house counsel that you can protect an exclusive importer against active sales and selling in supermarkets in Belgium are active sales, so what are you not getting?

𝐖𝐚𝐧𝐭 𝐭𝐨 𝐤𝐧𝐨𝐰 𝐦𝐨𝐫𝐞? Read our latest #inthepicture ‘Say ‘cheese’ to cross-border sales’ here: https://lnkd.in/g3ae-MyH, or contact our competition partner Herlinde Burez and commercial partner Milena Varga.

#competitionlaw #verticalagreements #contrastpublications