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26 Mar

General Court largely rejects banks' appeal against Commission's cartel decision

On 26 March 2025, the General Court confirmed the Commissionโ€™s finding of a cartel by several banks relating to the trade in bonds issued by eurozone countries. The cartel occurred at the time of the financial crisis and subsequent euro-zone debt crisis (between 2007 and 2011) and affected both the issuance of such bonds by countries (primary market) and the subsequent trade of these bonds on the financial markets (secondary market).

The cartel involved various traders which used chat rooms to regularly exchange information, fix prices and allocate customers. After a detailed analysis of the various chatroom-entries relied on by the Commission, the General Court sided with the Commissionโ€™s conclusion that the banks were guilty of a cartel consisting of price fixing on both the primary and the secondary market, bid rigging on the primary market, and exchanges of commercially sensitive information regarding the secondary market.

Unsurprisingly, the General Court confirmed explicitly in this respect that the banks were responsible for the conduct of their employees. According to the General Court, an undertaking โ€œcannot reasonably rely on any malfunctioning of its internal organisationโ€ and cannot escape liability even if the cartel-conduct concerned โ€œthe act of a single employee who pursued a personal course of conduct initiated before he was recruited and that that course of conduct was only marginally successful.โ€

This case reconfirms the importance of having a proper compliance culture in place as each employee can trigger a companyโ€™s liability. Please refer to our recent In The Picture on the topic in this respect: https://lnkd.in/enD2m9mm

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

#ECJ #GeneralCourt #eurozone #debtcrisis #cartel #compliance #competitioncompliance

contrast update
21 Mar

In The Picture - More clarity on green claims for European consumers

๐ˆ๐ฆ๐š๐ ๐ข๐ง๐ž ... ๐Ÿ’ญ

Your business is known for its eco-friendly products. The launch of your latest line of home appliances is imminent. Through packaging and advertising, you want to highlight that the products are sustainable, made from recycled materials and recyclable.

However, your marketing manager sends you an email expressing concern about the impact of new regulations on greenwashing on the launch. According to him, you have to take a completely new approach to the launch. You would like to know more. You call your manager and legal counsel together for a meeting.

๐–๐š๐ง๐ญ ๐ญ๐จ ๐ค๐ง๐จ๐ฐ ๐ฆ๐จ๐ซ๐ž? Read our latest #inthepicture โ€˜More clarity on green claims for European consumers' here, or contact our commercial counsel Laurence Vanhyfte or commercial associateย Emiel Weyers.

#Sustainabilityย #GreenDeal #GreenClaims #Greenwashing #EuropeanCommission #VCDO #contrastpublications

Publication
21 Mar

contrast attends 7th edition of Women @ Competition

Last week, our colleague Camille Verstraete attended the 7th edition of the Women AT conference on agile competition. Bringing together leading competition law practitioners, enforcers and academics, the conference presented a great opportunity to exchange insightful perspectives on the role of competition policy and enforcement in times when the only constant is change.

We are proud to support initiatives that foster thought leadership and diversity in our field. Congratulations to the organisers for yet another successful edition!

#competitionlaw #antitrust #lawconference #womeninlaw

Seminar
20 Mar

Chambers & Partners Europe 2025 ranking

Chambers and Partners Europe again ranks all practice areas of ๐œ๐จ๐ง๐ญ๐ซ๐š๐ฌ๐ญ, with a top ranking in band 1 for Competition Belgium for the 13th consecutive year and this as only law firm.โœจ

Congratulations to Filip Tuytschaever (competition) and Bart Bellen (corporate) for being ranked for the 13th time, a shout out to Herlinde Burez, as being one of only 5 female partners to be included in the competition ranking and this for the 6th time, and proud of Sebastien Engelen for being recognised up and coming talent for his Belgian competition work.

We are most grateful to all our clients and to our referees for their warm recommendations.๐Ÿ™Œ It is fantastic that the hard work and expertise of our teams are being recognised in this way.

Read the quotes from Chambers on our website.

#ChambersEurope #contrasttalent #contrastlaw

directories People
18 Mar

M&A Chronicle - Weekly case highlight #4

๐Ÿ› ๐Œ&๐€ ๐‚๐ก๐ซ๐จ๐ง๐ข๐œ๐ฅ๐ž โ€“ ๐–๐ž๐ž๐ค๐ฅ๐ฒ ๐œ๐š๐ฌ๐ž ๐ก๐ข๐ ๐ก๐ฅ๐ข๐ ๐ก๐ญ #๐Ÿ’

โ€œOnly the clauses relating to the obligations of the seller resulting from the sale shall be interpreted against the latter."

In its judgement of 6 September 2018, the ๐‚๐จ๐ฎ๐ซ๐ญ ๐จ๐Ÿ ๐‚๐š๐ฌ๐ฌ๐š๐ญ๐ข๐จ๐ง confirmed the relationship between articles 1602 and 1162 old Civil Code in interpretation discussions, specifically in the context of the representations and warranties. Indeed, these cannot be interpreted against the seller.

๐Ÿ‘‰ Want to learn more about this judgement and other key Belgian M&A cases from ๐ญ๐ก๐ž ๐ฉ๐š๐ฌ๐ญ ๐Ÿ๐Ÿ“ ๐ฒ๐ž๐š๐ซ๐ฌ? You can find them all here, together with our related annotations: https://lnkd.in/eAPqN3_i

๐Ÿ“ŠBy the way, did you know that ๐ญ๐ก๐ž ๐Ÿ“๐ญ๐ก ๐ž๐๐ข๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐ญ๐ก๐ž ๐Œ&๐€ ๐’๐ฎ๐ซ๐ฏ๐ž๐ฒ (https://lnkd.in/efJUPcN7) shows that nearly all of the examined acquisition agreements contained contractual representations and warranties? We will be organizing a ๐Ÿ”๐ญ๐ก ๐ž๐๐ข๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐ญ๐ก๐ž ๐Œ&๐€ ๐’๐ฎ๐ซ๐ฏ๐ž๐ฒ this year. Leave your contact details on this form below to participate and help us find out whether this trend has continued: https://lnkd.in/eQU-ksZF

Follow along with our corporate and M&A team as we highlight more interesting case law in the coming weeks!

๐€๐ง๐ฒ ๐ช๐ฎ๐ž๐ฌ๐ญ๐ข๐จ๐ง๐ฌ? Please contact the authors (Bart Bellen | Ine Schockaert | Kristof De Wael | Karlien De Ryck | Maarten Cnudde | Charlotte Van Weehaeghe | Ward De Byser | Marthe Wouters).

#MergersandAcquisitions #Kroniek #Chronicleย #Survey #mandasurvey #sharepurchaseagreementsย #CaseLaw #Interpretation #representations #warranties

contrast update
17 Mar

2-day workshop on CSRD reporting (part 2)

Last Friday was the second session of our two-day crash course on CSRD reporting organised by Voka - Kamer van Koophandel Vlaams-Brabant in collaboration with Charlotte Vandierendonck of Studio D.

Karlien De Ryck and Bart Bellen gave an update of the European Commissionโ€™s Omnibus proposal following the discussions of last week in the European Parliament and Council.ย Based on the last discussions, the European Commissionโ€™s proposal to significantly reduce the scope of the CSRD package created controversy and may not be approved as such in the short term. However, the Commissionโ€™s proposal to postpone the implementation of CSRD seems likely to qualify for an accelerated approval procedure.ย In addition to the status of the Omnibus proposal, we also discussed related topics including the latest developments regarding โ€œgreenwashingโ€ and the proposed EU โ€œgreen claimsโ€ directive.

During workshop we also reviewed in detail the specific requirements under each reporting standard (ESRS) and compared each ESRS with the corresponding voluntary reporting standard for SMEs (VSME).

๐Š๐ž๐ฒ ๐ญ๐š๐ค๐ž-๐š๐ฐ๐š๐ฒ๐ฌ ๐š๐ซ๐ž:
โ€ข Regardless of any amendments to the regulatory framework, sustainability remains top-of-mind for companies previously in scope.
โ€ข A continued commitment to sustainability is necessary to respond to demands of other companies in the supply chain and is expected to give compliant companies a competitive advantage.
โ€ข Companies would however appreciate being given more time to prepare.
โ€ข A deep-dive into the ESRS showed that a simplification and alignment with existing regulations would reduce โ€œred tapeโ€ and increase efficiency.
โ€ข Voluntary reporting standards are expected to become more important.

Thank you Voka - Kamer van Koophandel Vlaams-Brabant for the organisation and Studio D for the pleasant collaboration, and to all participants for the lively interaction.

#CSRD #CSDDD #ESG #Sustainability #CorporateReporting #contrastlaw #Voka #Workshop

ESG
11 Mar

M&A Chronicle - weekly case highlight #3

โ€œA sale and purchase agreement can only be validly concluded if there is a consensus with respect to all essential and substantial elements.โ€

In its judgement of 4 March 2020, the ๐œ๐จ๐ฎ๐ซ๐ญ ๐จ๐Ÿ ๐š๐ฉ๐ฉ๐ž๐š๐ฅ ๐จ๐Ÿ ๐€๐ง๐ญ๐ฐ๐ž๐ซ๐ฉ ruled that the conclusion of a binding letter of intent (LOI) did not constitute a binding sale and purchase. The Court observed that, as an essential element of the sale, the price was not determined or determinable based on the LOI (as the price was agreed โ€œsubject to due diligenceโ€), and the parties had not referred to other substantial elements (e.g. representations and warranties of the seller).

๐Ÿ‘‰ Want to learn more about this judgement and other key Belgian M&A cases from ๐ญ๐ก๐ž ๐ฉ๐š๐ฌ๐ญ ๐Ÿ๐Ÿ“ ๐ฒ๐ž๐š๐ซ๐ฌ? You can find them all here, together with our related annotations.

๐Ÿ“ŠBy the way, did you know that ๐ญ๐ก๐ž ๐Ÿ“๐ญ๐ก ๐ž๐๐ข๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐ญ๐ก๐ž ๐Œ&๐€ ๐’๐ฎ๐ซ๐ฏ๐ž๐ฒ shows that an LOI or similar precontractual document was signed in 77% of the examined transactions? We will be organizing a ๐Ÿ”๐ญ๐ก ๐ž๐๐ข๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐ญ๐ก๐ž ๐Œ&๐€ ๐’๐ฎ๐ซ๐ฏ๐ž๐ฒ this year. Leave your contact details on this form to participate and help us find out whether this trend has continued.

Follow along with our corporate and M&A team as we highlight more interesting case law in the coming weeks!

๐€๐ง๐ฒ ๐ช๐ฎ๐ž๐ฌ๐ญ๐ข๐จ๐ง๐ฌ?ย Please contact the authors - Bart Bellen | Ine Schockaert | Kristof De Wael | Karlien De Ryck | Maarten Cnudde | Charlotte Van Weehaeghe | Ward De Byser | Marthe Wouters

#MergersandAcquisitions #Kroniek #Chronicle #Survey #mandasurvey #sharepurchaseagreements #CaseLaw #LOI #PurchasePrice

contrast update
10 Mar

Welcome to our new contraster, Winny!

As Facility and Office Assistant, she will manage our building and facilities, support our team in their day-to-day work and welcome our clients at the front desk with Ilse Van der Aa.

Good luck, Winny!

Also interested in joining our team? Discover our career opportunities here.

#lawfirm #jobs #careers #contrastcareers

contrast update People
07 Mar

Celebrating International Women's Day at contrast

Atย ๐œ๐จ๐ง๐ญ๐ซ๐š๐ฌ๐ญ, we are privileged to work alongside remarkable women โ€” our colleagues, clients, peers, students and partners โ€” whose dedication and expertise drive our success. Tomorrow, on International Women's Day, we celebrate their invaluable contributions to the legal profession and our communities.

Each year, we mark this day by contributing to a charity that makes a real difference for women and/or their families in general. This year, we are proud to support VZW Casa Magnolia, an amazingย organisationย that stands alongside families caring for a seriously ill child, providing essential practical and emotional support and creating often much needed space and room to breathe.

No parent or family should have to face these challenges, especially without support. Therefore, we warmly invite you to join us in supporting their mission. Learn more about VZW Casa Magnolia and how you can contribute here.

#InternationalWomensDay #IWD2025 #WomenInLaw #CasaMagnolia #lawfirm #charity #sustainability #contrastcares

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