Antitrust Counseling and Litigation

Abuse of Dominance

Our Brussels’ team is routinely involved in counseling on the most complex dominance issues, often in business areas critical to our clients. We have, for example, restructured the distribution systems and rebate policies of several leading companies and offered day-to-day counseling to undertakings in the telecommunications, high-tech, energy, tobacco, automotive, agricultural and commodities sectors. We have particular experience in counseling firms on issues involving potential dominance in relation to IP, technology, and aftermarkets. Our objective is always to reduce risk without hindering our clients’ pursuit of their commercial objectives.

We also have extensive experience advising in the context of abuse of dominance investigations, both at the EU level and before national authorities. In most cases, our work has been on the defense side. However, we have also successfully submitted complaints to various competition authorities.

Joint Ventures and Competitor Collaborations

In addition to standard joint venture counseling – from commercial alliances to autonomous entities requiring notification under the EU Merger Regulation – we offer a range of services in relation to competitor collaborations. These extend from the relatively straightforward: e.g., day-to-day counseling for trade associations, to the highly technical: e.g., advice to merchant bank consortia in relation to the establishment of trading platforms, and to patent pools in relation to their operation and licensing activities. In between, we counsel clients regularly on joint purchasing, licensing and distribution via competitors and information sharing.

Distribution

We have a thorough knowledge of a wide range of distribution models, including online distribution, agency arrangements, exclusive and non-exclusive distribution, franchising and selective distribution. As a result, we are able to advise clients seeking to select the appropriate model for their operations, as well as those seeking to maximize existing models. We draft and review the agreements that constitute the backbone of our clients’ distribution networks.

Cartels

Our European competition law team has extensive experience with cartel procedures, at both EU and national levels (including Belgium, Spain, the Netherlands and the U.K.), and we regularly represent clients in ongoing cartel investigations. Our experience includes multinational leniency applications, covering the EU and other jurisdictions, and conducting settlement discussions both at EU and national level.

In addition to traditional horizontal cartels, we have particular experience in cases involving allegations of information exchange and hub-and-spoke style collusion between suppliers and distributors. In terms of relevant sectors, our lawyers have acted in investigations concerning air cargo, consumer goods, construction, agriculture, telecoms, fashion industry and a range of chemicals products.

Litigation

Litigation experience is at the heart of our practice, and we regularly represent our clients before national and EU courts in competition law matters. The issues involved range from patent settlements and state aid to distribution questions and pricing questions relating to dominance.

Crowell lawyers have been involved in more than 50 cases before the EU courts in Luxembourg. We have extensive experience of how to bring a claim, how to intervene, how to claim damages and with preliminary references to the Court of Justice of the European Union from national courts.