Intel: General Court agrees with EC on naked restrictions but reduces fine

Yesterday, the General Court rejected Intel’s appeal against the European Commission’s decision of 22 September 2023 to impose a fine for so-called naked restrictions. These restrictions concerned payments made by Intel to computer manufacturers (HP, Acer and Lenovo) to delay, cancel or restrict the marketing of products equipped with CPUs of its competitor AMD.

This judgement is another chapter in a long-running story:
📌 𝟏𝟑 𝐌𝐚𝐲 𝟐𝟎𝟎𝟗 – Commission imposed a fine of approx. €1 billion for exclusionary abuses of dominance
📌 𝟏𝟐 𝐉𝐮𝐧𝐞 𝟐𝟎𝟏𝟒 – General Court dismissed Intel’s appeal
📌 𝟔 𝐒𝐞𝐩𝐭𝐞𝐦𝐛𝐞𝐫 𝟐𝟎𝟏𝟕 – Court of Justice annulled that dismissal in a landmark ruling
📌 𝟐𝟔 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 𝟐𝟎𝟐𝟐 – General Court annulled the Commission’s decision in its entirety but nevertheless confirmed the Commission’s finding on the naked restrictions. Only the Commission appealed this judgement.
📌 𝟐𝟐 𝐒𝐞𝐩𝐭𝐞𝐦𝐛𝐞𝐫 𝟐𝟎𝟐𝟑 – Commission imposed a fine of approx. €376 million for naked restrictions
📌 𝟐𝟒 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 𝟐𝟎𝟐𝟒 – Court of Justice confirmed the 2022 judgement

Put simply, the General Court refused to revisit the legality of the concept of naked restrictions, which are virtually irrefutably assumed to have exclusionary effects. The General Court took the view that, despite the annulment of the original decision of the Commission, the finding that the naked restrictions infringed competition law had become final already in 2022, as the Commission only needed to issue a new decision on the fine.

The General Court did agree with Intel that the Commission failed to reassess the fine appropriately. The remaining infringement was only a fraction of the original case. The fine was therefore reduced to approx. €237 million, reflecting that the naked restrictions were sporadic and affected a relatively limited number of computers. This indicates that competition authorities should not act as sore losers when confronted with a partially annulled decision. They must fairly redetermine an appropriate fine.

The Intel saga may finally be over, although a further appeal before the Court of Justice remains possible.

#competitionlaw #ECJ #europeancommission #intel #abuseofdominance #nakedrestrictions

Council and EU Parliament reach provisional agreement on Omnibus I CSRD & CSDDD amendments

Today, the Council’s presidency and EU Parliament’s negotiators reached a 𝐩𝐫𝐨𝐯𝐢𝐬𝐢𝐨𝐧𝐚𝐥 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭 on the simplification measures for 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐑𝐞𝐩𝐨𝐫𝐭𝐢𝐧𝐠 (𝐂𝐒𝐑𝐃) and 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐃𝐮𝐞 𝐃𝐢𝐥𝐢𝐠𝐞𝐧𝐜𝐞 (𝐂𝐒𝐃𝐃𝐃), part of the Omnibus I package.

𝐒𝐨𝐦𝐞 𝐤𝐞𝐲 𝐩𝐨𝐢𝐧𝐭𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭:
• Increase CSRD thresholds: >𝟏,𝟎𝟎𝟎 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬 and net annual turnover >€𝟒𝟓𝟎 𝐦𝐢𝐥𝐥𝐢𝐨𝐧
• Increase CSDDD thresholds: >𝟓,𝟎𝟎𝟎 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬 and net turnover >€𝟏.𝟓 𝐛𝐢𝐥𝐥𝐢𝐨𝐧
• Risk-based approach for value chain due diligence, avoiding unnecessary information requests to out of scope companies
• Further postponement of CSDDD transposition deadline to 26 July 2028, with compliance as of 𝐉𝐮𝐥𝐲 𝟐𝟎𝟐𝟗

𝐍𝐞𝐱𝐭 𝐬𝐭𝐞𝐩𝐬:
The provisional agreement must now be formally endorsed and adopted by both the Council and EU Parliament. The Legal Affairs Committee vote is scheduled on 𝟏𝟏 𝐃𝐞𝐜𝐞𝐦𝐛𝐞𝐫 𝟐𝟎𝟐𝟓, followed by a plenary vote currently scheduled on 𝟏𝟔 𝐃𝐞𝐜𝐞𝐦𝐛𝐞𝐫. Coreper endorsement is expected at the next meeting on 𝟏𝟎 𝐃𝐞𝐜𝐞𝐦𝐛𝐞𝐫.

𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧? You can find the press releases with links to relevant information here and here.

💬 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our corporate team or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭!

#EU #CSDDD #CSRD #Omnibus #corporate #duediligence #ESG #sustainability #corporatesustainability #contrastupdate

In the Picture - No-poach agreements: common sense or cartel risk

𝐈𝐦𝐚𝐠𝐢𝐧𝐞 ... 💭

You’re preparing to welcome a new investor. The atmosphere in your company is charged with anticipation, fresh ideas, renewed energy, and the promise of growth. The investor is set to join your board, equipped with standard minority veto rights to safeguard their investment.

During the final round of negotiations, you propose what seems like a straightforward and sensible clause: “Let’s agree that you will invest but not poach our employees”. Surely, that’s just common sense?

But then the investor’s legal counsel hesitates, exchanges glances, and responds: “That’s not allowed. It’s a cartel”.

You nearly spill your coffee. A cartel? That can’t be right. You turn to your legal team for clarification.

𝐖𝐚𝐧𝐭 𝐭𝐨 𝐤𝐧𝐨𝐰 𝐦𝐨𝐫𝐞? Read our latest #inthepicture ‘No-poach agreements: common sense or cartel risk?’, or contact our competition counsel Mathieu Vancaillie or senior associate Michèle de Clerck 👉 https://lnkd.in/eJP3rQBk

#competitionlaw #nopoachagreements #cartel #europeancommission #BCA #ACM

Welcome to the team, Mélodie!

We’re happy to announce that Mélodie Seroen is joining 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 as our new HR Business Partner!

Mélodie brings a unique blend of expertise: a solid background in law combined with hands-on collaboration with HR teams. This powerful mix will be an incredible asset as she steps into her new role.

We wish her the best of luck and a fantastic start!

Also interested in joining 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭? Take a look on our website.

#hrbusinesspartner #hr #careergrowth #careeropportunity #contrastcareers #contrasttalent

Our feedback on the BCA's sustainability guidelines

Yesterday, we submitted feedback to the Belgian Competition Authority on its draft guidelines for sustainability agreements. We welcome the BCA’s initiative and the opportunity to share feedback that builds on our experience and practical insights in advising clients on sustainability cooperation with competitors and the supply chain.

Our feedback emphasised the importance of clear guidance for businesses, alignment with EU principles, the value of transparent procedures and practical examples to support companies in their sustainability journey.

Read it here.

#sustainability #competitionlaw #clientfocus #contrastcares

Guest lecture on legal professionals privilege at KU Leuven

Last Friday, our competition partner Sebastien Engelen and dispute resolution associate Marie-Julie Kormoss were invited for the second year in a row to give a guest lecture to law students at KU Leuven on “the implications of 𝐥𝐞𝐠𝐚𝐥 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐩𝐫𝐢𝐯𝐢𝐥𝐞𝐠𝐞 for lawyers and in-house counsels”.

This year’s session focused on the 𝐢𝐧𝐭𝐞𝐫𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝐨𝐟 𝐥𝐞𝐠𝐚𝐥 𝐞𝐭𝐡𝐢𝐜𝐬 𝐚𝐧𝐝 𝐜𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐥𝐚𝐰, using case-based examples to make the topic more concrete and relatable. Together with the students, we explored how legal professional privilege applies during dawn raids and the ethical challenges lawyers and in-house counsels may face.

A heartfelt thank you to Professor Françoise Auvray for providing this opportunity once again, and to the students for their enthusiastic participation!

𝐂𝐮𝐫𝐢𝐨𝐮𝐬 𝐭𝐨 𝐥𝐞𝐚𝐫𝐧 𝐦𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐢𝐬 𝐭𝐨𝐩𝐢𝐜? Read our In the Picture “Can the competition authority see what you write to your management and to your lawyer?” (available in English/Dutch/French) 🔗 https://lnkd.in/e2SSgDtu

#lawstudents #lawyers #legalprofessionalprivilege #LPP #inhousecounsel #KULeuven #guestlecture #contraststudentcorner #meetcontrast

Law students, pay attention!

Are you looking for a valuable internship in one of the following domains: competition & EU, corporate & M&A, commercial law or dispute resolution?

At 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭 you gain hands-on experience through interesting cases and continuous coaching from a great team which you can join as summer/winter/academic intern, research assistant or as junior lawyer.

𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐞𝐝? Come and visit our booths 𝐭𝐨𝐝𝐚𝐲 at the following job fairs:
• Our counsel, Eva Alboort, and commercial associate, Emiel Weyers, are eager to connect with you at the 𝐔𝐆𝐞𝐧𝐭 𝐉𝐨𝐛 𝐟𝐚𝐢𝐫 (ICC) from 13 PM until 17 PM.
• Our HR assistant, Vanessa Elsen, and competition associate, Emma Fransen, are excited to meet you at the 𝐔𝐀 𝐉𝐨𝐛𝐝𝐚𝐲𝐬 (Handelsbeurs) from 12 PM until 17 PM.

You can also apply directly here. 

We cannot wait to meet you!

#lawstudents #jobfairs #lawfirm #legalinternship #contraststudentcorner #meetcontrast

contrast supports Think Pink

October is #BreastCancerAwareness month.

Each year, our team raises awareness for breast cancer by supporting Think Pink through in-house activities and a donation.

The funds raised, help Think Pink finance vital scientific research and care projects for people affected by breast cancer.

Let’s make a difference together. Join us in supporting this important cause by clicking here! 🎀 

#thinkpink #contrastvibes #contrastcares

ECJ confirms qualification of Teva and Cephalon's pay-for-delay agreement as by object restriction

On 23 October 2025, the ECJ dismissed Teva and Cephalon’s appeal against the General Court’s judgment, confirming the Commission’s infringement decision. In November 2020, the Commission fined Cephalon and Teva 30.5 M EUR and 30 M EUR respectively for a so-called “pay-for-delay” cartel.

💊 𝐖𝐡𝐚𝐭 𝐡𝐚𝐩𝐩𝐞𝐧𝐞𝐝?
- In 2005, Cephalon and Teva concluded a patent settlement agreement with regard to the patent rights of Cephalon’s sleep disorder drug (modafinil).
- By this settlement agreement, Teva committed not to enter the market with its generic modafinil product, not to compete with Cephalon’s modafinil product and not to challenge Cephalon’s modafinil patent rights. In return, the settlement agreement contained a package of transactions, amongst which Teva’s appointment as exclusive distributor of Cephalon’s modafinil products in the UK for 5 years.
- Both the Commission (in 2020) and – on appeal – the General Court (in 2023) concluded that the settlement agreement was contrary to competition law.

⚖️ 𝐁𝐲 𝐨𝐛𝐣𝐞𝐜𝐭 𝐫𝐞𝐬𝐭𝐫𝐢𝐜𝐭𝐢𝐨𝐧? The ECJ endorsed that approach. It reaffirmed its case law and confirmed that patent dispute settlements may infringe competition law. Where the payment made by the patent holder goes beyond what is necessary to resolve the dispute or to remunerate genuine goods or services – and instead serves to compensate the other party for staying off the market – such conduct is presumed to be anti-competitive. This presumption applies without the need to demonstrate actual or potential effects on competition, qualifying it as a by object infringement.

𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨? Read the full text of the judgment here: https://lnkd.in/ekYT2RfA

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

#ECJ #GeneralCourt #CompetitionLaw #PayForDelay #Pharma #DisputeResolution

inspiring future paralegals at UCLL

Yesterday, our paralegals Evi Noël and Cathy Van den Branden were invited to give a guest lecture to first-year students at UC Leuven-Limburg.

With 120 enthusiastic students in attendance, they shared insights into the essential role of paralegals in law firms, highlighting their daily impact, expertise, and passion for the profession.

A big thank you to An De Graeve and Katrien Vanderschot for the continued collaboration, and to the students for their active participation and curiosity!

𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐞𝐝 𝐢𝐧 𝐣𝐨𝐢𝐧𝐢𝐧𝐠 𝐨𝐮𝐫 𝐩𝐚𝐫𝐚𝐥𝐞𝐠𝐚𝐥 𝐭𝐞𝐚𝐦 𝐨𝐫 𝐥𝐞𝐚𝐫𝐧𝐢𝐧𝐠 𝐦𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐨𝐮𝐫 𝐨𝐩𝐩𝐨𝐫𝐭𝐮𝐧𝐢𝐭𝐢𝐞𝐬? Visit our career page 👉 https://lnkd.in/eAyQUkvE

#paralegal #lawfirm #UCLL #guestlecture #legalcareers #meetcontrast #contraststudentcorner #contrasttalent