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, healthcare, fintech, energy and mobility). Bas provides companies and their management with guidance in dealings with the Netherlands Authority for Consumers & Markets (ACM), the Dutch Healthcare Authority 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 during dawn raids and in abuse of dominance matters and on almost a daily basis advises and litigates 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 niche firm focusing on competition law. 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, Chambers & 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, 2019 and 2020 he was also voted a Future Leader in the field of European competition law by Who’s Who.

Reviews on Bas in these guides include:

  • highly skilled
  • “highly intelligent”
  • “He has an impressive practice.”
  • “He has a very sharp legal mind”
  • very capable and thorough lawyer, combining competition skills with insights in regulatory work
  • He offers practical and to-the-point advice and has thorough knowledge of and broad experience with competition law.
  • “he receives glowing praise for his ‘knowledge, easy communication and transparent approach.”

Relevant experience:

  • Extensive experience in the field of cartel cases, including litigation on guidelines on the inspection of digital data, eventually resulting in a landmark judgment of the Court of Appeal in The Hague. He also achieved rare victories in litigating on decisions to publish alleged cartel decisions, thereby preventing the competition authority from publishing the cartel decision;
  • Obtaining a very significant reduction of a cartel fine from initially almost € 2 million, then € 1 million (in appeal) and ultimately € 10.000,- (in further appeal with the Dutch Trade and Industry Appeals Tribunal);
  • 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 Sunweb/Corendon, PostNL/SanddVodafone/ZiggoZiggo/LibertyT-Mobile/Tele2KLM/MartinairHolland Pharma/FACO and KPN/Tiscali;
  • Successful representation of clients in 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);
  • 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);
  • Successful 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 the broadcasting rights for Dutch premier league football matches;
  • Assisting RadioCorp, the owner of two Dutch radio channels and co-owner of sales house (One Media Sales) in a probe by the Dutch competition authority on alleged abusive loyalty discounts for radio advertisements. The case was settled with a commitment decision;
  • Representation of the Portuguese company Fapricela in cartel damage proceedings (follow-on cartel case) in relation to the (alleged) prestressing steel cartel.
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