Bas Braeken is a lawyer who specialises in (European) competition law, with a special focus on regulated markets (such as telecom, media, post and parcels, energy, finance and fintech, mobility and transport).
Bas represents numerous companies in the fields of cartels and dawn raids, merger control, distribution systems, partnerships and state aid. One of those companies was a party to the cartel proceedings that gave rise to what is currently the only judgment passed by the European Court of Justice in a Dutch cartel case (T-Mobile). He has experience in the fields of forensic investigations and regularly gives compliance training courses.
Bas has been involved as a competition lawyer in various major acquisitions, before the European Commission as well as the Netherlands Authority for Consumers & Markets (ACM). He represents both the merging parties and third parties (complainants). Bas played an active role in complex (often second-phase) approval processes, such as PostNL/Sandd, Vodafone/Ziggo, Ziggo/Liberty, T-Mobile/Tele2, KLM/Martinair, Holland Pharma/FACO and KPN/Tiscali.
Bas is furthermore a renowned specialist in the field of regulated sectors. He advises and litigates on behalf of clients in regulated sectors in the fields of significant market power (SMP) designations, scarce permits, and access and price regulation. He has assisted Sandd and T-Mobile (see here), among others, in various cases in the fields of SMP as well as access and price obligations.
Bas has represented clients in more than a hundred legal actions in the fields of both (European) competition law and economic regulation. He has experience in civil and administrative law proceedings before both Dutch and European judicial authorities. Bas has an excellent track record. He has successfully conducted, for instance, key civil competition law proceedings for T-Mobile, Canal+ and Prijsvrij, among others (in the fields of both abuse of a dominant position and the cartel prohibition). He has also been successful in various SMP proceedings before the Dutch Trade and Industry Appeals Tribunal (CBb).
Recent cases of Bas include the following:
- Three preliminary proceedings before the European Court of Justice regarding the interpretation of Article 101 TFEU (the cartel prohibition), the role of European recommendations in the telecom sector and tariff regulation in the post sector.
- Assisting a company in appeal proceedings against a fining decision in an alleged cartel case.
- Assisting skaters Mark Tuitert, Niels Kerstholt and athlete union EU Athletes as third parties in the appeal proceedings before the General Court against the European Commission’s decision on the admission rules set by the International Skating Union (ISU).
- Assisting Eredivisie Media & Marketing (Fox Sports) as a third party in appeal proceedings of retail TV distributors KPN and CAIW in response to a decision of ACM regarding the operation of Dutch Premier League football matches.
- Defending Fapricela in cartel damage proceedings (a follow-on cartel case) related to the (alleged) prestressing steel cartel.
- Advising on partnerships between suppliers and distributors, including MFN and best-price agreements, and e-commerce.
Bas has been recommended for many years on the grounds of expertise in the field of European competition law and his knowledge of the telecom and media sectors. He is mentioned in prestigious guides to law firms, such as Legal 500 and Chambers and Partners. In 2018 Bas won a Client Choice award for Excellence in Client Service. In 2018 he was furthermore the only Dutch partner chosen by Who’s Who as a Future Leader in the field of European competition law.
- '"he is very knowledgeable and gives practical and hands-on advice", while another source lauds his ability to "think outside the box."' (Chambers, 2019)
- "an outstanding reputation for EU competition and telecoms regulatory litigation" (Chambers, 2019)
- “He is well-respected in his field; he is able to effortlessly earn the trust of his clients” (Client Choice, 2018)
- “He has a very sharp legal mind; he has excellent analytical skills.” (Client Choice, 2018)
- “highly intelligent” (Legal 500, 2017)
- “litigation specialist” (Legal 500, 2016)
- “pragmatic, reliable and very creative” (Legal 500, 2016)
- “can translate legal questions into a business perspective” (Chambers, 2015)
- “He is well informed, hands-on and practical” (Chambers, 2013)
He has numerous publications in journals to his name and is furthermore a regular contributor to the Markt & Mededinging journal and a guest lecturer in competition law at the University of Utrecht and the University of Leiden.
Bas is a co-founder of Maverick Advocaten N.V. Before that time he worked at Allen & Overy (Amsterdam and Brussels) and Stibbe, among other law firms.