Overview

Koen T'Syen specialises in commercial litigation and competition law.

Koen has successfully represented clients before civil and administrative courts as well as in alternative dispute resolution procedures such as mediation. He also advises clients on a wide range of commercial matters including contract law, distribution law and unfair market practices. 

Koen has extensive experience in and knowledge of the life sciences and energy sectors, both at the Belgian and EU levels.

In the field of competition law, Koen focuses on abuses of dominance and cartels. Koen was appointed as the National Reporter for Belgium at the 2016 Congress of the International League of Competition Law (LIDC) in Geneva in view of his expertise in life sciences and competition law.

He regularly writes articles on Belgian business law and competition law issues. 

Languages

Dutch, English, French

Recommendations

  • Expert Guides – Rising Star in the field of Life Sciences
  • Legal 500 for Healthcare and Life Sciences
  • Legal 500 Competition Law (Belgium)

Education

  • College of Europe, Bruges, LL.M. in European Legal Studies, 2007
  • University of Leuven, Master of Laws, 2006
  • University of Namur, Bachelor of Law, 2003

Publications

Belgium chapter on antitrust in pharmaceutical markets in P. KOBEL ET AL. (eds.), Antitrust in Pharmaceutical Markets & Geographical Rules of Origin, LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, Springer, 2017.

Pharma.be’s Commented Codex Pharma – Public Health in Belgium (Knops Publishing - 2013).

Contributor toVan Bael & Bellis, Competition Law of the European Community (fifth edition, Kluwer, 2010), the standard work of reference in the field of EU competition law.

“Off-label use of medicinal products and product liability”, co-author with Peter L’Ecluse and Catherine Longeval, Life Sciences Cross-border Handbook (edition 2013), Practical Law Company.

“Patent settlement agreements: the state of play in the EU and the US”, co-author with Peter L’Ecluse, Catherine Longeval and Steven Corcoran, Life Sciences Cross-border Handbook (edition 2012), Practical Law Company.

“De bescherming van zakengeheimen in het Belgisch en Europees mededingingsrecht: Wat geheim is blijft geheim…of toch niet?”, co-author with Peter L’Ecluse, Cah. Jur. 2011, issue 1, pp. 20-30.

“Market Power in Bidding Markets: An Economic Overview”, World Competition 31(1):37-62, 2008 (this publication is a slightly amended version of Koen’s thesis at the College of Europe, Bruges, Belgium, for which Koen was awarded the Rafael Sanz Rodriguez Memorial Prize for best thesis in the College of Europe’s law department).

Professional Memberships

Member of the Association for the Study of Competition Law (Vereniging voor de Studie van het Mededingingsrecht/Association pour l'Etude du Droit de la Concurrence)

Member of TOPRA (The Organisation for Professionals in Regulatory Affairs)

Member of AIJA (International Association of Young Lawyers)

Bar Admission

Brussels

Notable assignments

  • Assisting and representing a global provider of integrated supply chain solutions to, amongst others, clients in the defence industry, in litigation against an international organisation with a view to recovering a claim of more than $ 200 million.

  • Assisting and representing a joint venture of two global engineering and construction companies in litigation against a subcontractor in a dispute relating to a large construction project.

Publications and insights

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    • 11/09/2019
    • Articles

    Stella Kyriakides Commissioner-Designate for Health

    Stella Kyriakides, a member of the Cypriot parliament, a trained psychologist and a forceful advocate of patient rights (she is a past President of Europa Donna, the breast cancer patient group), has been entrusted with the health portfolio by Ursula von der Leyen, the President-elect of the incoming European Commission. Like the other designated Commissioners, Ms. Kyriakides’ appointment still has to be approved by the European Parliament, but with her colleagues she is expected to take up her position in November 2019.

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    • 09/09/2019
    • Articles

    Belgium - Minister of Economic Affairs Uses Price Regulation Powers against Leadiant's CDCA

    Minister of Economic Affairs Wouter Beke took action against pharmaceutical firm Leadiant and, making use of his price regulation powers, reduced the price of chenodeoxycholic acid Leadiant (“CDCA”), a medicine indicated for the treatment of patients afflicted with cerebrotendinous xanthomatosis, a rare metabolic disorder (“CTX”). CDCA was designated as an orphan medicine in December 2014, but its active substance is no longer patented and has been used for many years as an inexpensive treatment for cholesterol gallstones. In a press release (see attached, only the Dutch version is available), the Minister says that he lowered the price of what would seem to be a presentation of 100 tablets of 250mg of CDCA Leadiant to EUR 3,653.25 ex factory, while Leadiant had sought a price of EUR 14,000 ex factory. The presentation at issue covers the treatment of CTX during approximately one month. The Minister has also urged the Belgian Competition Authority (“BCA”) to review as a matter of priority the alleged abuse of a dominant position of which Leadiant might be guilty. The case before the BCA results from a complaint filed by consumer organisation Test-Aankoop/Test-Achats earlier this year (see, Van Bael & Bellis Life Sciences Newsflashes of 9 April 2019 and 11 February 2019). Additionally, the Minister called on the European Commission to review the rules governing orphan medicines. However, that call is superfluous as an assessment of these rules has already been under way for quite some time (see, Van Bael & Bellis Life Sciences Newsflash of 18 October 2018) and the outcome of this exercise is expected to be high on the agenda of the incoming European Commission.

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    • 05/09/2019
    • News

    Medicines Cooperation - Sweden to Join International Horizon Scanning Initiative

    On 4 September 2019, the Dutch Minister for Medical Care, Bruno Bruins, announced plans for Sweden to join the impending International Horizon Scanning Initiative (“IHSI”) (see, attached press release). IHSI, which is expected to start in October 2019, is a form of international cooperation that seeks to identify innovative medicines before they reach the market. It will inform decision-making on treatment and budgets in the participating countries. IHSI is just one example of a broader trend of expanding international cooperation on medicines in a range of areas and in varying geographical constellations. Last month, Minister Bruins had already announced that Canada would also become a member of IHSI (see, Van Bael & Bellis Life Sciences Newsflash of 18 July 2019). When airing the intentions of Sweden, Minister Bruins expressed the hope that IHSI would be able to begin operations with 10 member countries. Other known aspiring members include Belgium, Ireland, Luxemburg and The Netherlands.

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