Ms. Vandenborre’s practice focuses on EU and international merger control and competition law enforcement. Ms. Vandenborre has consistently been named as a leading practitioner in Who’s Who Legal guides in both competition and life sciences. She was recognized by Global Competition Review on various occasions, including being profiled as a leading antitrust attorney in its 2013 and 2016 Women in Antitrust issues, selected for its 2012 40 Under 40 list and shortlisted in the Lawyer of the Year — 40 and Under at the GCR Awards 2013. In 2016, she received the ILO Client Choice Award for the category of EU Competition and Antitrust, awarded by The International Law Office in recognition of individual partners who excel across the full spectrum of client service, and in 2018 she was shortlisted for Transatlantic Disputes/Regulatory Lawyer of the Year at the Transatlantic Legal Awards, hosted by Legal Week and The American Lawyer. She currently serves as nongovernmental adviser to the intergovernmental International Competition Network.
Ms. Vandenborre has significant experience in Article 101 issues in relation to cartel arrangements, as well as vertical and competitive agreements. Her recent experience includes the successful representation of a company involved in the then OFT’s (now CMA) examination of the hotel online booking sector, avoiding formal allegations being raised against the company; the representation of a generic pharmaceuticals manufacturer in an appeal before the European General Court against the European Commission’s first reverse payment patent settlement decision, having represented the company in the administrative proceedings before the Commission; and the representation of several tour operators in a European Commission investigation into alleged geo-blocking practices.
She also has successfully assisted companies in obtaining conditional immunity with the European Commission and other competition law agencies in and outside the EU. Recent representations include the immunity and leniency applicants in the EU power cables and car battery recycling cartel investigations, respectively. Ms. Vandenborre also is representing companies in proceedings before the European General Court against European Commission findings of cartel infringements, and is involved in the defense against civil claims arising from these findings.
Ms. Vandenborre has substantial experience advising on Article 102 enforcement issues both at the EU and Member State levels. She was involved in representing Intel in the Article 102 proceedings before the European Commission and is currently representing a pharmaceutical company in the European Commission’s first excessive pricing investigation. She also represents GE in relation to allegations of abuse of dominance in relation to its aftermarket services for aircraft engines, and a successful settlement with IATA that led to the withdrawal of IATA’s complaint with the European Commission.
In addition to her work on Article 101 and 102 enforcement issues, Ms. Vandenborre has substantial merger control experience. Notable recent examples of Ms. Vandenborre’s merger control work include advising:
- SanDisk Corporation in its $19 billion acquisition by Western Digital Corporation;
- Rockwell Collins, Inc. in its $30 billion acquisition by United Technologies Corp.;
- Reichhold, Inc., a major manufacturer and supplier of unsaturated polyester resins and coating resins, in its combination with Polynt Group, one of the world’s largest chemicals manufacturers;
- NXP Semiconductors N.V. in its proposed but terminated $47 billion acquisition by Qualcomm Incorporated;
- Lanxess AG, a German specialty chemical company, in its $2.5 billion all-cash acquisition of Chemtura Corporation;
- Key Safety Systems in its acquisition of substantially all of Japan-based Takata Corporation’s global assets and operations;
- Pfizer Inc. in its US$160 billion combination with Allergan plc. This ranks as the largest-ever pharmaceutical sector merger of all time;
- Broadcom Corporation in its US$37 billion acquisition by Avago Technologies Limited; and
- Freescale Semiconductor, Ltd. and a private equity consortium, including The Blackstone Group L.P., The Carlyle Group LP, Permira Funds and TPG Capital, L.P., in Freescale’s US$11.8 billion acquisition by NXP Semiconductors NV.
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.