Brussels
tel: +32 (0)2 290 7817
fax: +32 (0)2 290 7899
fax: +32 (0)2 290 7899
Marleen.VanKerckhove@ aporter.com
Practice Focus
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 also advises on international trade regulation matters. 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. She is fluent in English, Dutch, and French.
Representative Matters
- Pfizer in its acquisition of certain animal health businesses from Schering-Plough. Obtained clearance in the EU.
- Finmeccanica in its acquisition of DRS Technologies. Obtained clearance in multiple jurisdictions world-wide.
- Major international company with respect to a global competition compliance audit.
- Pfizer in its acquisition of Warner-Lambert. Obtained clearance in the EU and multiple other jurisdictions world-wide.
- 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.
- 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.
- European Federation of Pharmaceutical Industries Associations (EFPIA) before the Court of First Instance 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.
Representative Matters
- Pfizer in its acquisition of certain animal health businesses from Schering-Plough. Obtained clearance in the EU.
- Finmeccanica in its acquisition of DRS Technologies. Obtained clearance in multiple jurisdictions world-wide.
- Major international company with respect to a global competition compliance audit.
- Pfizer in its acquisition of Warner-Lambert. Obtained clearance in the EU and multiple other jurisdictions world-wide.
- 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.
- 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.
- European Federation of Pharmaceutical Industries Associations (EFPIA) before the Court of First Instance 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.
Rankings
The International Who's Who of Competition Lawyers 2010
Chambers Global: The World's Leading Lawyers for Business 2010 for Competition/European Law
Chambers Europe: Europe's Leading Lawyers for Business 2009 for Competition/European Law
Global Competition Review's "Women in Antitrust" 2009
Legal 500 2009 for Competition Law
PLC Which lawyer? Yearbook 2009: Leading for EU Life sciences: competition/anti-trust (European Union); Highly recommended for EU Competition (European Union); and Recognised for Competition/anti-trust (Belgium)
Global Competition Review's International Who's Who of Competition Lawyers 2006
Legal 500 EMEA 2006 for Competition Law
Professional and Community Activities
Professional Activity
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European Legal Experts 2007 for EU and Competition
Articles
Marleen Van Kerckhove, Asim Varma and Marco Ramondino. "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 2007/08: Volume 1.
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.
"Private Enforcement of EC State Aid Law--EC's Revamped Notice on the Role of National Courts." (PDF: 266 kB) Mar 2009.
"Germany Limits the Reach of its Merger Control Law but Introduces New Foreign Investment Supervision." (PDF: 268 kB) Feb 2009.
"Private Label Brands, "Must-Have" Brands, and Impact on Retailer Buyer Power." (PDF: 371 kB) Feb 2009.
"European Commission Endorses A More Economic-Based Approach." (PDF: 332 kB) Dec 2008.
"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.
"Antitrust Division Releases Guide to Merger Remedies." (PDF) Dec 2004.
"Restrictions of Supply by an Allegedly Dominant Pharmaceutical Manufacturer--Do They Infringe EU Antitrust Law?." (PDF) Oct 2004.
"Supreme Court's Decision in Intel v. AMD Holds That U.S. Law Authorizes District Courts To Assist Firms Lodging Antitrust Complaints With the European Commission." (PDF) Aug 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.
Events
LLM, London School of Economics, University of London, 1987
Diploma European Law, University of Nancy, France, 1983
LLB, University of Leuven (KUL), Belgium, 1982
Brussels, Belgium