Desmedt, Yvan N.

Current Employment Position(s)

Partner

Languages

• Dutch
• English
• French
• German
• Italian

Lawyer Overview

Yvan Desmedt advises clients on competition law and regulatory matters across a range of sectors, particularly in the regulated industries of telecoms, energy, and transport.

His competition law experience includes merger control at the EU and national levels as a notifying party or third-party opponent (Alenia/Sukhoi, SAP/Business Objects, Omya/Huber, Belgacom/Scarlet, Brambles/VTG, SES/GE Americom, and BT/AT&T). He also has worked on antitrust cases, including the MasterCard investigation of interchange fees case, the U.K. roaming case, and the Vitamins cartel at the EU level, as well as various infringement procedures conducted by the Belgian competition authorities. Yvan regularly advises on commercial agreements, including joint ventures, distribution, and licensing (Toyota and Milliken). He has advised trade associations, including the GSM Association and the Committee for Electronic Domestic Appliances (CECED), on compliance issues and horizontal cooperation.

Yvan also has significant litigation experience. He has represented a number of fixed and mobile operators against the incumbent in Belgium. These proceedings have involved cases before the competition authorities, the regulators, administrative courts, and civil courts. He has assisted telecoms clients in various matters such as frequency auctions, licensing issues, site-sharing, and access agreements.

Yvan regularly speaks at conferences and lectures. He is a member of the Brussels Seminar on European Law and Institutions, which is organized by the Institut d'Etudes Européennes and The University of Georgia.

Areas of Practice

• Antitrust & Competition Law
• General Antitrust Counseling
• Antitrust Mergers/Joint Ventures
• Antitrust Litigation

Representative Cases

• Altimo and Telenor sign a $23.8 billion deal to create one of the largest emerging markets mobile operators , (2009)
• American Airlines secures alliance with Japan Airlines and wins preliminary antitrust approval for joint venture with British Airways and Iberia , (2009)
• BASE wins Brussels Court of Appeal case regarding mobile telecom termination fees
• Bridgestone sells 100% of the shares of Bridgestone’s Italian and Chinese steel cord manufacturing subsidiaries to Belgian-based NV Bekaert SA , (2010)
• BT obtains EU regulatory approvals for Concert, Esat Telecom, and VIAG Interkom transactions
• COLT Telecom España and four telecom operators pursue competition law complaint against Belgacom for abuse of dominant position
• Diebold acquires Getronics and Groupe Bull
• MCI Worldcom and four other telecom operators charge Belgacom with abuse of dominant position
• Philip Morris successfully challenges decision allowing EC to sue in U.S. courts
• R.J. Reynolds Tobacco appeals European Commission decision to bring action in U.S. courts
• SAP wins antitrust approvals worldwide for acquisition of Business Objects
• Scoot Benelux brings antitrust claim against Belgacom involving directory services
• SES obtains regulatory clearance to acquire GE Americom
• SES receives antitrust clearance for increased stake in Nordic Satellite
• Sukhoi Civil Aircraft forms strategic partnership with Alenia Aeronautica , (2009)
• Telenet Operaties wins dismissal of abuse of dominance case in unique EU judgment
• Toyota forms joint venture with PSA Peugeot Citroën
• VersaTel in competition law dispute with Belgium incumbent telecom operator

West Practice Categories

Antitrust & Trade Regulation, Antitrust Law, Business & Commercial Law, Business Organizations, Complex Litigation, Deceptive Trade Practices, International Antitrust, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, RICO Act, Trade Regulation, Unfair Competition

Bar Admissions

• Belgium

Education

• New York University
• U of Bruxelles - Belgium

Published Works

• Antitrust Alert: European Commission Sector Inquiry Report Signals Future Antitrust Actions in Pharmaceuticals, 2009
• European Ombudsman's first decision on access to file in antitrust investigation, European Competition Law Review, 2009
• Article 82 Guidelines—Missed Opportunities In the Telecoms Sector, Global Competition Policy magazine, 2009
• Jones Day and ECTA Publish European Regulatory Scorecard for 2008, 2009
• Jones Day and ECTA Publish European Regulatory Scorecard for 2007, 2008
• Jones Day and ECTA Publish European Regulatory Scorecard for 2006, 2006
• Jones Day and ECTA Publish European Regulatory Scorecard for 2005, 2005
• Jones Day and ECTA Publish Second European Regulatory Scorecard, 2004

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