Mr. Gyselen joined Arnold & Porter LLP in July 2004 after a long career in government, primarily at the European Commission. His competition law practice encompasses advice and representation before EU and national agencies on merger control, abusive conduct, cartels, other restrictive practices, and state aids.
Prior to joining the firm in 2004, Mr. Gyselen held several senior positions at the European Commission's Directorate-General for Competition (DG COMP). As Head of Unit, he played a key role in many high-profile cartel and abuse cases, in particular in the sectors of banking, insurance, food, and pharmaceuticals. Prior to that, as special assistant to the Director-General in DG COMP, he oversaw the entire range of EU competition enforcement policy activities, including the introduction of EC merger control, and acted as liaison officer between DG COMP and the Commissioner in charge of competition policy and his personal staff.
In the earlier years of his career, Mr. Gyselen was a member of the European Commission's Legal Service and a law clerk at the European Court of Justice in Luxembourg where he clerked for Judge Joliet.
As can be seen from the list of representative matters below, Mr. Gyselen is involved in EC competition cases "across the board" (i.e., mergers, antitrust, and state aids). He also represents a number of international clients in antitrust cases pending before the Belgian competition authority. Since 2008, Mr. Gyselen is a Non-Governmental Advisor (NGA) to the EC. In that capacity, he has spoken at annual conferences or workshops organized by the International Competition Network (ICN).
Antitrust/Competition Representative Matters
- Sea-Invest/EMO-EKOM: handling the notification of Sea-Invest's acquisition of a controlling minority share in EMO-EKOM, the largest stevedoring terminal for coal and iron ore in Europe (unconditional clearance in Aug. 2006 by the European Commission after an extended second phase investigation).
- Boston Scientific Company (BSC)/Guidant: assisting in the notification of BSC's acquisition of Guidant (conditional clearance in April 2006 by the European Commission after an extended first phase examination).
- Intel/McAfee: acting as counsel to Intel in connection with its purchase of security software firm MCafee for US $7.68 billion. The transaction was cleared without a second request in the US in December 2010 and with Phase I commitments in the European Union in January 2011.
- RIZIV: handling the notification of the Belgian Government's sales tax discount for pharmaceutical companies that invest in R&D (unconditional clearance in Jan. 2008 by the European Commission after an in depth investigation).
- RIZIV: securing the European Commission's unconditional clearance of the Belgian Government's sales tax exemption for suppliers of plasma derived medicines in July 2009.
- ICSID (World Bank): in charge of the EC state aid issues as part of Arnold & Porter's team representing the Republic of Hungary against AES and Electrabel in an arbitration case brought under the Energy Charter Treaty (pending).
- Involved in litigation before the Court of First Instance (Dutch bitumen cartel, international removals cartel).
- Representing multinational clients in a series of pending cartel investigations by the EC or the Belgian competition authority.
- Defending a pharmaceutical company against EC formal charges in a pending pay-for-delay investigation.
- Acting for interested parties in abuse cases pending before the EU as well as in the EC's pharmaceutical sector inquiry.
- Co-chairing the International Bar Association's working group on the EU Commission's 2005 Discussion paper and its 2008 Guidance Paper concerning Article 82 Enforcement Policy.
Chambers Global: The World's Leading Lawyers for Business 2011-2013 for Competition/European Law: Belgium
PLC Which lawyer? 2012 - Recommended for EU Life Sciences: Competition/Antitrust
PLC Which lawyer? 2012 - Recommended for EU Competition
Global Competition Review's 2012 "GCR Highly recommended"
PLC Which lawyer? Yearbook 2011 - Recommended for EU Life Sciences: Competition/Antitrust and EU Competition
PLC Which lawyer? Yearbook 2009: Recommended for EU Life Sciences: Competition/Antitrust and EU Competition
Chambers Europe: Europe’s Leading Lawyers for Business 2011 for Competition/European Law
The International Who's Who of Competition Lawyers 2009-2011
"Resale Price Maintenance--Growing convergence between the US and the EC in sight?
" A View from the Mountain (Liber Amicorum for prof. Slot)
"Competition in Innovation: A Novel Concept - The Case Law on Pharmaceuticals
" On the Merits - Current Issues in Competition Law and Policy, (Liber Amicorum Peter Plompen) Intersentia,
"Rebates - Competition on the Merits or Exclusionary Practice
" European Competition Law Annual 2003: What is an Abuse of a Dominant Position, Hart Publishing,
"Le titulaire d'un droit de propriété intellectuelle doit-il fournir le produit de son droit à un concurrent?
" Concurrences - Revue des droits de la concurrence, n°2,
"Multilateral Interchange Fees under E.U. Antitrust Law: A One-Sided View on a Two-Sided Market
" Col. Bus. Law Review n°3,
"Settlement agreements between innovator and generic companies in the pharmaceutical sector
" Conference On IP and Competition, hosted by the Supreme People's Court of the People's Republic of China, June 2010
"Mergers and Abuses of Dominance in the Field of Energy
" International Competition Forum, Sankt Gallen, Switzerland, May 2010
"Single Firm Conduct--Enforcement or Not
" 2009 Competition Law & Policy Forum, Northwind Professional Institute
, Cambridge (Canada), February 2009
"The FTC at 100: Brussels Consultation
" Federal Trade Commission, US Embassy in Brussels, October 21, 2008
"Cross-industry implications of the EC Sector Inquiry into pharmaceuticals
" Conference organized by the EU Business Community (formerly UNICE)
, October 2008
"Resale Price Maintenance--is there a need for change in Europe?
" Conference on RPM organized by the Austrian Antitrust Authority
, September 2008
"Limits of the distinction between vertical and horizontal restraints
" Conference on Vertical Restraints organized by University College London and Université Paris II
, May 2008
"Assessment of unilateral conduct and cooperative arrangements in EC antitrust law: a consistent approach
" 2008 Conference on Vertical Restraints organized by University College London and Université Paris II
(UCL/Paris II), May 2008
"Dawn raids under EC antitrust law
" First International Medical Device Compliance Congress
, Paris, May 2008