News & Insights

  • 23/05/2019
  • News

Van Bael & Bellis launches the sixth edition of its “EU Anti-Dumping and Other Trade Defence Instruments"

The definitive book on EU trade defence law appears in a fully updated sixth edition. As comprehensive in its coverage as its predecessors, this new edition of the Van Bael & Bellis book on “EU Anti-Dumping and Other Trade Defence Instruments” provides incisive analysis and critical commentary on all relevant aspects of the EU trade defence instruments as actually applied by the EU Institutions against the backdrop of WTO law. The book covers every issue likely to arise in any trade defence matter and examines the numerous cases decided under the EU anti-dumping, countervailing, safeguard and trade barriers regulations, including all of the following and more: • determining the dumping and injury margins; • rules for the determination of permissible adjustments; • clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; • determining the subsidy margin; • determining the causal link between dumping or subsidy and injury; • determining if “Union interest” calls for intervention; • examining the differences between anti-dumping and anti-subsidy legislation; • procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; • conditions for accepting an undertaking; • measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; • rules governing the standing of various interested parties before the European Courts; • allocation and administration of quantitative quotas; and • surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, the sixth edition of this book remains without peer as a guide to EU trade defence law. To order a copy of the book from Kluwer, click on this link.

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    • 12/02/2020
    • Articles

    UK Competition and Markets Authority Consolidates Hydrocortisone Probe On Account of Excessive Pricing and Other Competition Violations

    The UK Competition and Markets Authority announced this morning that it has issued a supplementary statement of objections (“SSO”) in its inquiry into alleged excessive and unfair pricing, anti-competitive agreements and abusive conduct in relation to the supply of hydrocortisone tablets in the UK (see, attachment). The CMA has been conducting three separate investigations in this matter and has issued previous statements of objections on four occasions between December 2016 and February 2019 (see, Van Bael & Bellis Life Sciences Newsflash of 6 March 2017). The new SSO has brought all these cases together and has allowed the CMA to reconsider specific aspects of its provisional findings in the previous statements of objections. The CMA accuses a range of companies, including Auden Mckenzie and its successor Accord-UK (previously: Actavis UK), Waymade and Advanz Pharma (previously: Concordia and AMCo), of having charged excessive and unfair prices for hydrocortisone tablets and having entered into agreements that cemented a prevailing dominant position on the market. The CMA also seeks to attribute liability to other parties which at various points in time had ownership of some of the accused firms. Hydrocortisone tablets are the primary treatment for people suffering from the life-threatening Addison's disease which causes adrenal glands to produce insufficient amounts of natural steroid hormones. According to the CMA, there are limited alternative treatments for hydrocortisone tablets.

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    • 10/02/2020
    • News

    Michel Bonne, head of the Van Bael Bellis corporate M&A practice, moderates a panel on cross-border distressed M&A transactions at the 8th IBA European Corporate and Private M&A Conference in Paris

    On 6 February 2020, Michel Bonne, head of the Van Bael Bellis corporate M&A practice, moderated a panel on cross-border distressed M&A transactions at the 8th IBA European Corporate and Private M&A Conference in Paris. The panel addressed key topics on distressed M&A transactions, including the EU legislative framework, the pre-insolvency process, relationships with creditors, the distressed M&A process and the transfer of employees. The IBA Conference was attended by over 500 corporate M&A lawyers from across the globe.

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    • 07/02/2020
    • Articles

    Belgian Council of State Clarifies Role of Concerned Member States in Decentralised Marketing Authorisation Procedure

    On 16 January 2020 the Belgian Council of State reaffirmed the limited discretionary powers of a concerned Member State to call into question the assessments carried out by the Reference Member State in a decentralised procedure. It relied heavily on the case law of the Court of Justice of the European Union in the field. Please find attached a note on the judgment as well as its text.

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    • 07/02/2020
    • News

    Andreas Reindl speaks at the Legal Diversity and Inclusion Alliance's one year anniversary in Brussels

    On 31 January 2020, Van Bael & Bellis partner Andreas Reindl spoke as a panellist member at the Legal Diversity and Inclusion Alliance's one year anniversary in Brussels. The panel discussed a range of issues and challenges that are encountered in the legal sector, such as gender equality, mental health, generational differences, discrimination and the way in which the United Kingdom, the United States and EMEA regions approach diversity and inclusion (D&I). Andreas' contribution focused on gender equality, in particular on why men should promote gender equality in the legal profession. The other pannellists were Fiona Carlin (Baker McKenzie), Jay Wetterau (Fieldfisher), Angela Kerek (Morrison & Foerster LLP), Dorothée Vermeiren (Clifford Chance), Nele Van Kerrebroeck (Linklaters), Charlotte Yirrell (Herbert Smith Freehills) and Dee Sekar (Chambers and Partners). The panel was also moderated by Anna Duron (Ashurst).

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    • 06/02/2020
    • Newsletters

    VBB on Competition Law, Volume 2020, No. 1

    The January 2020 issue of our newsletter, VBB on Competition Law, which covers major developments in competition law at both the European Union and Member State levels.

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    • 04/02/2020
    • News

    Quentin Declève participates in 5th EFILA Annual Conference in London

    On 30 January 2020, Van Bael & Bellis associate Quentin Declève participated as a speaker in a session on the future of the Energy Charter Treaty (ECT) and intra-EU investment disputes at the 5th Annual Conference of EFILA (the European Federation of Investment Law and Arbitration) in London. The focus of Quentin’s presentation was the possibility, under the Vienna Convention of the Law of Treaties, that the European Union and its Member States might conclude an inter se agreement (i.e., an agreement between themselves) in order to remove intra-EU investment arbitration proceedings from the scope of the ECT.

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    • 03/02/2020
    • News

    Van Bael & Bellis hosts the 5th CEA Annual Conference on EU law and arbitration

    The 5th Annual Conference organised by the Club Español del Arbitraje (CEA) Capitulo Belga, the CEA Mujeres and the CEA-40, on the topic “A new landscape for EU law and arbitration: Challenges and opportunities”.

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    • 03/02/2020
    • Articles

    Belgium - Medicine Shortages

    The Belgian Official Journal publishes today a Law of 20 December 2019 modifying various laws to tackle medicine shortages (Wet van 20 december 2019 tot wijziging van diverse wetgevingen wat de tekorten aan geneesmiddelen betreft/Loi du 20 décembre 2020 modifiant diverses législations, en ce qui concerne les pénuries de medicaments – the Law). For a summary of the Law’s key features, we refer to the Van Bael & Bellis Life Sciences Newsflash of 20 December 2019. The Royal Decrees that will complement the Law have not yet been published. We understand this still may take some time. The Law will enter into force on 13 February 2020 (i.e., 10 days following its publication in the Belgian Official Journal), with the exception of Articles 2 and 4 that started to apply on 31 January 2020.

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