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Partner
Practice Focus
Antitrust/Competition
Marleen Van Kerckhove heads up the firm's European competition practice and its Brussels office. Her practice encompasses advice and representation before EU and national antitrust agencies on merger control, abusive conduct, price fixing and other restrictive practices, as well as litigation before European courts. She has steered many transactions successfully through EU and national merger control reviews across various industry sectors.In addition, she has advised extensively on the application of EU competition law to the pharmaceutical sector, and on the interplay between antitrust and intellectual property law. Ms. Van Kerckhove is a frequent speaker at programs and conferences in Europe, Japan and North America.
Antitrust/Competition Representative Matters
- General Electric and NBCU Universal in connection with the Comcast- NBCU joint venture.
- General Electric in its acquisition of Dresser Inc. Clearance in the EU and in multiple jurisdictions world-wide.
- Sanyo in its merger with Panasonic. Obtained clearance in the EU.
- European Federation of Pharmaceutical Industries Associations (EFPIA) before the European Court of Justice and the General Court in its intervention supporting AstraZeneca in its appeal against the European Commission's decision finding an Article 82 infringement with respect to certain of its alleged regulatory and IP conduct.
- Pfizer in its acquisition of certain animal health businesses from Schering-Plough. Clearance in the EU.
- Finmeccanica in its acquisition of DRS Technologies. Clearance in multiple jurisdictions world-wide.
- Major international company with respect to a global competition compliance audit.
- SBC in its acquisition of AT&T. Obtained clearance in multiple jurisdictions world-wide.
- Cisco in its acquisition of Scientific-Atlanta. Obtained clearance in the EU.
- Boston Scientific in its acquisition of Guidant. Obtained clearance in the EU and multiple other jurisdictions world-wide.
- Group of consumer electronics companies before the European Commission with respect to an Article 82 EC Treaty complaint regarding abusive licensing conduct.
- Pfizer in its acquisition of Pharmacia. Obtained clearance in the EU and multiple other jurisdictions world-wide.
- General Electric in its proposed acquisition of Honeywell, assisting both with the notification to the European Commission and the subsequent appeal to the Court of First Instance.
- Pfizer in its acquisition of Warner-Lambert. Obtained clearance in the EU and multiple other jurisdictions world-wide.
Representative Matters
- General Electric and NBCU Universal in connection with the Comcast- NBCU joint venture.
- General Electric in its acquisition of Dresser Inc. Clearance in the EU and in multiple jurisdictions world-wide.
- Sanyo in its merger with Panasonic. Obtained clearance in the EU.
- European Federation of Pharmaceutical Industries Associations (EFPIA) before the European Court of Justice and the General Court in its intervention supporting AstraZeneca in its appeal against the European Commission's decision finding an Article 82 infringement with respect to certain of its alleged regulatory and IP conduct.
- Pfizer in its acquisition of certain animal health businesses from Schering-Plough. Clearance in the EU.
- Finmeccanica in its acquisition of DRS Technologies. Clearance in multiple jurisdictions world-wide.
- Major international company with respect to a global competition compliance audit.
- SBC in its acquisition of AT&T. Obtained clearance in multiple jurisdictions world-wide.
- Cisco in its acquisition of Scientific-Atlanta. Obtained clearance in the EU.
- Boston Scientific in its acquisition of Guidant. Obtained clearance in the EU and multiple other jurisdictions world-wide.
- Group of consumer electronics companies before the European Commission with respect to an Article 82 EC Treaty complaint regarding abusive licensing conduct.
- Pfizer in its acquisition of Pharmacia. Obtained clearance in the EU and multiple other jurisdictions world-wide.
- General Electric in its proposed acquisition of Honeywell, assisting both with the notification to the European Commission and the subsequent appeal to the Court of First Instance.
- Pfizer in its acquisition of Warner-Lambert. Obtained clearance in the EU and multiple other jurisdictions world-wide.
Rankings
Chambers Global: The World's Leading Lawyers for Business 2009-2013 for Competition/European Law: Belgium
Global Competition Review 2013 Women in Antitrust
PLC Which lawyer? 2011: Endorsed for Competition/anti-trust (Belgium), EU Life sciences: competition/anti-trust (European Union), and EU Competition (European Union)
Euromoney's Guide to Women in Business Law 2010: included as an Expert in Competition and Antitrust
Global Competition Review's 2012 "GCR Highly recommended"
PLC Which lawyer? 2012 - Recommended for EU Life Sciences: Competition/Antitrust
PLC Which lawyer? Yearbook 2012: Recommended for Competition/Antitrust
PLC Which lawyer? 2012 - Recommended for EU Competition
Chambers Europe: Europe’s Leading Lawyers for Business 2011 for Competition/European Law
The Legal 500 EMEA 2011 for Competition
The International Who's Who of Competition Lawyers 2011
Global Competition Review 2009 "Women in Antitrust"
Articles
Raphael Fleischer and Marleen Van Kerckhove "AstraZeneca: A New Horizon for Competition Practices in the EU" (PDF: 665 kB) Scrip Regulatory Affairs, March 2013
Marleen Van Kerckhove and Asim Varma "Getting The Deal Through: Pharmaceutical Antitrust - Overview" (PDF: 294 kB) Global Competition Review, 2011
Marleen Van Kerckhove and Asim Varma "EU Regulatory Procedures In The Pharmaceutical Sector" (PDF: 107 kB) Competition Law360 22 Jul. (2010)
Asim Varma and Marleen Van Kerckhove "Getting The Deal Through: Pharmaceutical Antitrust - Overview" (PDF: 546 kB) Global Competition Review 2010
Marleen Van Kerckhove and Asim Varma "Getting The Deal Through: Pharmaceutical Antitrust - Overview" (PDF: 143 kB) Global Competition Review 2009
Tim Frazer, Luc Gyselen, Marleen Van Kerckhove, Asim Varma and Barbara H. Wootton "Getting The Deal Through: Pharmaceutical Antitrust" (PDF: 444 kB) Global Competition Review, 2008
Deborah L. Feinstein, Marleen Van Kerckhove and Barbara H. Wootton "Merger remedies in the EU and US" (PDF: 193 kB) Practical Law Company's Cross-border Competition Handbook, Volume 1, 2007/08
Marleen Van Kerckhove "Getting The Deal Through: Intellectual Property & Antitrust - European Union" (PDF: 298 kB) Global Competition Review 2008
Marleen Van Kerckhove "EU Merger Control: Can You Be Compensated When Things Go Wrong?" (PDF: 167 kB) The American Lawyer October 2007
Marleen Van Kerckhove "The Application of Article 82 EC Treaty to The Pharmaceutical Sector - Some Recent EC Guidance" (PDF: 103 kB) The European Antitrust Review. [Reproduced with permission from Law Business Research. This article was first published in the October 2005 Issue.] 2006
Marleen Van Kerckhove "Parallel Trade in Pharmaceutical Products Following the EJC's Bayer Judgment: Can a Case be Made Under Article 82 EC Treaty?" (PDF: 73 kB) The European Antitrust Review, 2005
Ian Kirby, Lincoln Tsang, Marleen Van Kerckhove and William W. Vodra "Parallel Trade in the EU and US Pharmaceutical Markets" Global Counsel Life Sciences Handbook, 2005/2006
Ian Kirby, Marleen Van Kerckhove and William W. Vodra "Parallel Trade in the EU and US Pharmaceutical Markets" (PDF: 1.32 MB) Global Counsel Life Sciences Handbook 2004/2005
Presentations
Marleen Van Kerckhove "Life-Cycle Management & Settlement Strategies Post Sector Inquiry" 18th Annual EU Pharmaceutical Law Forum, May 12, 2009
Marleen Van Kerckhove "Patent Misuse and Abuse in the US and Europe: the Case of Pharmaceuticals" ABA Section of Antitrust Law/GW Law School Competition Law Center, November 20, 2008
Marleen Van Kerckhove "4th Annual In-House Counsel Forum on Pharmaceutical Antitrust" American Conference Institute, May 20,.2008
Marleen Van Kerckhove "Recent Antitrust Developments for Pharmaceutical and Biotechnology Companies" BIO conference, 2008
Marleen Van Kerckhove "Lifecycle Management of Pharmaceutical Products" 17th Annual EU Pharmaceutical Law Forum, May 8, 2008
Marleen Van Kerckhove "Abuse of Dominance - What is the Scope of This Remedy?" Competition Law & Policy Forum, Toronto, April 2006
Marleen Van Kerckhove "The Application of EU and US Antitrust Law to Pharma and Biotech Companies" IBC Life Sciences Conference, London, April 2006
Marleen Van Kerckhove "Competition Law and Parallel Trade" EU Pharmaceutical Law Forum, Brussels, May 2005
Marleen Van Kerckhove "Private Antitrust Enforcement in the EC and the US" IBA Annual Antitrust Conference, Fiesole, September 2004
Marleen Van Kerckhove "EU Merger Control" UCLA Mergers & Acquisitions, February 2004
Advisories
"First EU Judgment on Abusive Conduct Through Use of Regulatory Procedures in the Pharmaceutical Sector" (PDF: 361 kB) Jul 2010
"The EC Pharmaceutical Sector Inquiry: Getting Real" (PDF: 307 kB) Jul 2009
"New Notice Clarifies EU Commission's Approach to Remedies in Merger Cases" (PDF: 673 kB) Oct 2008
"Quota Schemes: The New Rules for Pharmaceutical Companies--The European Court rules on the Use of Quota Schemes by Dominant Pharmaceutical Companies" (PDF: 850 kB) Sep 2008
"Schneider Electric v Commission - The European Court of First Instance Breaks Ground In Relation To Damages In Merger Cases" (PDF: 187 kB) Jul 2007
"Tetra Laval/Sidel--The European Court of Justice Clarifies the Standard of Proof and the Role of Behavioural Commitments in Merger Cases" (PDF) Feb 2005
"Restrictions of Supply by an Allegedly Dominant Pharmaceutical Manufacturer--Do They Infringe EU Antitrust Law?" (PDF) Oct 2004
"New EU Regulation on Technology Transfer Agreements" (PDF) Apr 2004
"EC Competition Policy After 1 May 2004 Frequently Asked Questions" (PDF) Apr 2004
"The Impact of the Amendments to the EC Merger Regulation (ECMR)" (PDF) Jan 2004