Bas Braeken

Partner

Bas is a partner at bureau Brandeis. He is an experienced lawyer in the field of (European) competition law and is also a recognised specialist in the field of regulated markets (such as telecoms, media, mail and parcels, fintech, energy and mobility). Bas provides companies and their management with guidance in dealings with the Netherlands Authority for Consumers & Markets (ACM) and the European Commission and has represented clients in more than a hundred (both administrative law and civil) cases in the field of competition law and economic regulation. He defends companies in (alleged) cartels and dawn raids and on almost a daily basis advises on distribution systems, forms of collaboration and state aid. Bas is seen as a trusted advisor and also often acts as counsel’s counsel for specific matters of (European) competition law, for example in the context of takeovers and joint ventures.

Bas studied in Leiden, Paris and London and was called to the bar in 2001. Before joining bureau Brandeis he was a long-time employee of Allen & Overy (Amsterdam and Brussels) and was one of the co-founders of Maverick, a specialist competition law firm. Bas has a great many publications to his name and regularly lectures at the University of Utrecht and the University of Leiden. He has for many years been recommended by prestigious lawyer guides such as Legal 500 and Chambers and Partners because of his knowledge of European competition law and regulated sectors. In 2018 Bas won a Client Choice award for “excellence in client service”. In 2018 and 2019 he was also voted a Future Leader in the field of European competition law by Who’s Who.

Relevant experience:

  • Preliminary ruling proceedings at the Court of Justice regarding the interpretation of Article 101 of the TFEU (the prohibition of cartels), the role of European recommendations in the telecoms sector and tariff regulation in the postal sector;
  • Competition law support in various complex takeovers, at both the European Commission and the ACM and for both merging parties and complainants. Bas has played an active role in complex (often second phase) takeovers such as PostNL/Sandd, Vodafone/Ziggo, Ziggo/Liberty, T-Mobile/Tele2, KLM/Martinair, Holland Pharma/FACO and KPN/Tiscali;
  • Important civil competition law proceedings for the likes of T-Mobile, Canal+ and Prijsvrij (both in the area of abuse of dominant position and the prohibition of cartels);
  • Defence of a company in appeal proceedings at the Trade and Industry Appeals Tribunal against a decision to impose a fine as a result of an alleged cartel case;
  • Representation of skaters Mark Tuitert and Niels Kerstholt and sports trade union EU Athletes as third parties in the appeal proceedings at the Court of Justice in Luxembourg against the decision of the European Commission on the admission rules of the International Skating Union (ISU);
  • Representation of Eredivisie Media & Marketing (Fox Sports) as third party in KPN and CAIW appeal proceedings against a decision by ACM on the exploitation of Dutch premier league football matches;
  • Representation of the Portuguese company Fapricela in cartel damage proceedings (follow-on cartel case) in relation to the (alleged) prestressing steel cartel.
Lawyer