David Henry, a practising UK barrister and Belgian advocaat with more than a decade of representative experience, advises Europe- US- and Asia-based companies across the full spectrum of EU antitrust/competition matters, including cartel defense, abuse of dominance, merger control, distribution, State-aid and the interaction between antitrust and intellectual property. David has represented international companies in diverse regulated or consumer-sensitive industries including, but not limited to, aerospace, chemicals, energy, finance, pharmaceuticals/biochemicals, auto parts, nuclear, industrial, retail, healthcare/medical device, telecommunications, travel and tech, and successfully assisted them in navigating and overcoming their most complex challenges. He has represented such companies, including in the role of complainant, in complex merger control matters before the EC and Member State and third-country regulators, in various matters pertaining to Article 101/102 TFEU before the EC (cartels, pay-for-delay agreements, technology licensing etc.), and also in the context of follow-on damages actions before national courts. He also advises on EU competition and regulatory compliance (including EU export control/sanctions issues and UK FDI assessments).

David is also a recognized writer and speaker in the field of EU competition law. He co-authored a book on EU competition law damages actions and is a contributor to Butterworths Competition Law (chapter on vertical restraints). He has spoken at a number of conferences, including “Concurrences” workshops on various topics in the field of EU merger control. He is a visiting lecturer on advanced EU competition law at the University of Liège, Belgium, and at the College of Europe, Bruges, Belgium where he lectures on EU competition policy in high-tech markets.

Experience

  • Various US, Asian and European companies in gaining merger control clearance by the EC, EU NCAs and third-country authorities for acquisitions and joint ventures.
  • Multiple third-party interveners in merger control proceedings before the EC, including in GE/Alstom (2015), Bayer/Monsanto (2017–18) and Vodafone Italia/TIM/Inwit JV (2019–20).
  • Financial data services provider in its role as an “interested third person” in the LSEG/Refinitiv Business matter before the EC (2020/21).
  • Global pharmaceuticals manufacturer in a hostile acquisition of a competitor (including before the EC).
  • Global pharmaceuticals manufacturer on the acquisition of assets in a divestiture process before the EC.
  • Global industrial in the energy sector on the antitrust feasibility of a large-scale global JV between major competing industrials.
  • Telecoms operator on the feasibility and merits of challenging an EC merger decision before the General Court/intervening in General Court proceedings.
  • Generic drug company in an Article 101/102 TFEU EC investigation (including oral hearing) regarding pay-for-delay agreements.
  • Various companies on Article 101 and 102 TFEU issues involving technology licensing (FRAND), selective distribution, online platform bans and trade association participation/activities.
  • Global industrial in an Article 101 TFEU EC cartel investigation.
  • Various complainants in proceedings before the EC based on Articles 101 and 102 TFEU.
  • Smart card chip manufacturer in an Article 101 TFEU EC cartel investigation.
  • Multiple companies in the nuclear, beverage and retail sectors on State aid matters.

Recognition

The Best Lawyers in Belgium
Competition / Antitrust Law (2023)
Legal 500 EMEA
Recommended (2021)
Lexis®PSL Competition Expert Lawyers
Expert

Credentials

Education
  • Pupillage, Fountain Court Chambers, London, 2009
  • BPTC, Inns of Court School of Law, London, 2006
  • LLM, College of Europe (Bruges, Belgium), 2003
  • LLB, with European Legal Studies, King's College London, 2002
Admissions
  • England and Wales
  • Brussels, Belgium
Languages
  • English
  • German
  • French
Overview

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