Gavin Bushell
Partner
Brussels, Belgium
+32 2 639 36 80
gavin.bushell@bakermckenzie.com
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Global areas of practice
Competition and State Aid Law
General EU Law
Euratom Treaty Law
Aviation Law and Regulation
Antitrust / Competition Advisory
Languages
English (native)
French (advanced)
Spanish (basic)
Finnish (beginner)
Representative clients, cases or matters
Gavin advises clients on EU competition and state aid law, general EU
law, Euratom Treaty law, and aviation law and regulation, as well as
litigation before the European Court of Justice in Luxembourg.
In March 2012, Gavin was named as one of the "40 under 40" best
competition lawyers in the world by GCR. He is also Chairman of the
Competition Section of the Law Society in Brussels.
Notable work includes:
 international cartel and horizontal agreement investigations
conducted by a number of competition authorities including the US,
EU and other major authorities (experience includes Star Alliance, air
cargo cartel, aluminium fluoride cartel, SkyTeam);
 representing clients before the European Commission, (EU mergers
include Aegean/Olympic II, UPS/TNT, RollsRoyce/Daimler/Bergen/Tognum, Citibank/EMI Group,
Continental/United, Aegean/Olympic, Samsung Electronics/Samsung
Digital Imaging, Amcor/Alcan Packaging, Amadeus/Sabre/JV,
Ryanair/Aer Lingus, Rio Tinto/Alcan, Toshiba/Westinghouse, UIP,
Lufthansa/Swiss, Alcan/Pechiney (II), Alcan/Flexpac);
 advising on various joint venture, specialization, distribution, tolling,
licensing, sub-licensing and other commercial agreements for
compliance with EU competition law;
 advising on compliance with EU competition law generally and
conducting antitrust audits;
 Article 102 TFEU (abuse of dominance) investigations, notably
Baker & McKenzie CVBA/SCRL
Louizalaan 149 Avenue Louise
Eleventh Floor
1050 Brussels
Belgium
Alcan/ETC and advising on EU and national dominance laws against
an alleged abuse of a dominant position in restricting access to
certain essential facilities to gain qualification in a market;
 State aid proceedings, including cases ITP, the British Energy
restructuring and the Nuclear Decommissioning Authority;
 litigation before the General Court of the European Court of Justice in
Luxembourg challenging European Commission decisions (cases
include UPS v Commission, Aeroporia Aigaiou Aeroporiki (Aegean)
and Marfin Investment Group Symmetochon (Olympic) v
Commission, BP Aromatics v Commission and Sellafield v
Commission).
Publications, presentations and articles
 “Still in primary containment: the European Commission’s approach
to State aid in the nuclear industry,” Kluwer Competition Law Blog,
October 2013
 “Expedia: The de minimis Notice and ‘by object’ Restrictions,” Journal
of European Competition Law & Practice, 2013
 “Minority Report? The EC’s public consultation on minority
shareholdings,” Kluwer Competition Law Blog, August 2013
 “The European Commission opens consultations seeking views on
possible improvements of the EU Merger Regulation, in particular
extending its scope to the acquisition of non-controlling minority
shareholdings,” E-Concurrence, June 2013
 “The one-handed European Merger Simplification Project?,” Kluwer
Competition Law Blog, June 2013
 “The EU Commission consults on a possible amendment of the EU
merger control regime,” E-Concurrence, June 2013
 Author, Case C-457/10 P, AstraZeneca v Commission, Judgment of
6 December 2012, Kluwer Competition Law Blog, December 2012
 “The European Court of Justice rules on selective distribution on the
motor vehicles industry (Auto 24),” E-Concurrence, June 2012
 “Clear roads ahead? Judgment on selective distribution systems from
the European Court of Justice,” Kluwer Competition Law Blog, June
2012
 "AstraZeneca v Commission, Advocate-General Mazak’s Opinion of
15 May 2012," Kluwer Competition Law Blog, June 2012
 “The EU Advocate General Mazak issues his opinion recommending
dismissing appeal against pharma company's abuse of dominance
(AstraZeneca),” E-Concurrence, May 2012
 “Confusion remains: ECJ in Tomra repeats conflicting dicta on de
minimis,” Kluwer Competition Law Blog, April 2012
Professional affiliations
 Member of various legal and industry associations (the Competition
Section of the Law Society, the ENEF Competition and State aid law
task force, the WNA, the European Aviation Club, EALA).
Education and admission
 Brussels Bar (liste communautaire).
 Law Society of England and Wales.
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