European Union and International Competition Law
Ms. Vandenborre’s practice focuses on EU and international merger control and competition law enforcement.
Ms. Vandenborre repeatedly has been selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business, and in the 2014 edition, she is described as “a technically excellent lawyer who holds her own at oral hearings, and has excellent contacts.” She also was named a leading practitioner in her field by Chambers Europe 2013 and Who’s Who Legal: Competition Lawyers & Economists 2013. She was chosen as a “Rising Legal Star” for antitrust by Law360, and recognized by Global Competition Review on various occasions, including being profiled as a leading antitrust attorney in its 2013 “Women in Antitrust” issue, selected in its 2012 “40 Under 40” list and shortlisted in the “Lawyer of the Year — 40 and Under” at the GCR Awards 2013.
Notable merger control work includes:
- Alfa-Access-Renova (AAR) in the US$56 billion sale of TNK-BP, a joint venture between AAR and BP plc, to Rosneft Oil Company. This was the largest M&A transaction in the world in 2012 and the largest globally for more than three years;
- Mylan Inc. in its proposed acquisition of Agila Specialties Private Limited from Strides Arcolab Limited for as much as US$1.85 billion in cash;
- SeaCube Container Leasing Ltd., a portfolio company of Fortress Investment Group LLC, in its US$1.7 billion Bermuda amalgamation with an affiliate of Ontario Teachers’ Pension Plan’s Long-Term Equities group;
- Stryker Corporation in its US$1.5 billion acquisition of the neurovascular business of Boston Scientific Corporation;
- Valeant Pharmaceuticals International in its US$3.5 billion merger with Biovail Corporation. This merger was named “Healthcare Industry Deal of the Year” for 2010 by The Global and Mail; and
Watson Pharmaceuticals, Inc. in:
- the worldwide antitrust aspects of its US$5.6 billion acquisition of Actavis Group;
- the antitrust aspects of its US$1.8 billion acquisition of Arrow Group; and
- the antitrust aspects of its US$562 million acquisition of Specifar S.A.
Ms. Vandenborre also has significant experience in Article 101 issues in relation to cartel arrangements, as well as vertical and competitive agreements. She is representing multinational firms in Article 101 enforcement issues before the EU Commission and EU Member State competition authorities and successfully has assisted in obtaining conditional immunity with the European Commission and other competition law agencies. Ms. Vandenborre also has substantial experience advising on Article 102 enforcement issues both at the EU and Member State level. She was involved in representing Intel in the Article 102 proceedings before the European Commission.
In addition to the above mentioned matters, Ms. Vandenborre has particular experience in competition law enforcement matters in the pharmaceutical sector. She currently is representing a company in one of the first investigations by the European Commission of a reverse payment patent settlement. She previously was involved in the representation of a pharmaceutical company in relation to an Article 102 action initiated by an EU Member State competition authority based on life cycle management issues, and in the successful appeals before the EU General Court, and subsequently the EU Court of Justice leading to the annulment of a Commission decision finding that GlaxoSmithKline’s pricing policy violated Article 101 by restricting parallel imports between EU Member States.
Ms. Vandenborre is a graduate of the Catholic University of Leuven in Belgium and completed part of her law studies at Duke University School of Law. She holds an LL.M. degree from the University of Chicago Law School and is an alumna of the Belgian American Educational Foundation.
LL.M., The University of Chicago Law School, 1999
J.D., Catholic University of Leuven, 1998
Co-Author, “DG Competition Informal Guidance Paper On Confidentiality Claims — a Missed Opportunity?” Journal of European Competition Law & Practice (Vol. 3, No. 5) October 2012
Co-Author, “Antitrust Litigation and Enforcement - Gone Global,” Law360, March 7, 2012
Co-Author, “Disclosure Question Ripples Both Sides of the Pond, Law360, January 10, 2012
Co-Author, “Remedies for Anticompetitive Unilateral Conducts: An Overview of Recent National Case Law, e-Competitions, No. 42182, January 2012
Co-Author, “Rebutting the Presumption of Parental Liability – A Probatio Diabolica?” Cartels & Leniency 2012 - International Comparative Legal Guide Series (2012)
Co-Author, “Violating the Confessional Seal – Disclosure of Leniency Materials in Competition Law Damages Actions in the EU,” Law & Finance Magazine, December 2011
Co-Author, "Reverse-Payment Settlements: Why a 'Presumptively Unlawful' Standard is a Poor Policy Choice," Scrip Pharma Law