Bas Braeken is an experienced EU competition lawyer with also in-depth knowledge of regulated markets such as telecommunications, post, energy, transport and media.
Bas has advised and assisted countless companies with merger control, vertical relationships, state aid, cartels and various forms of cooperation agreements. He is an highly experienced litigator and regularly advises on follow-on cartel damage claims. Bas represented one of the companies in cartel proceedings that ended with the only judgment so far by the European Court of Justice in a Dutch cartel case (T-Mobile). Bas has a wealth of experience of forensic investigations and regularly gives compliance trainings. Bas has also steered many notifications of mergers and takeovers, including second phase proceedings at the European Commission (KLM/Martinair) and the then Netherlands Competition Authority (KPN/Tiscali).
Bas, who is also a renowned expert in the field of regulated markets, has a wealth of litigation experience having represented various companies in more than 100 both administrative and civil proceedings concerning, amongst others, abuse of dominance, cartels, follow-on damage claims, access and price regulation, frequencies and significant market power (SMP) determinations. He has an excellent track record.
Bas has recently worked or is working on the following cases:
- Representing three companies in still pending and confidential cartel proceedings;
- Three preliminary proceedings with the European Court of Justice, on the interpretation of Article 101 TFEU (the cartel prohibition), the role of Commission recommendations in the telecoms sector, and price regulation in the postal sector;
- Successfully defending T-Mobile in civil proceedings with the Court of Appeal against a multi-million claim for alleged breach of competition law;
- Advising and representing parties on follow-on cartel damage proceedings, including in relation to the alleged pre-stressing steel cartel;
- A high number of merger control notifications with the Authority Consumer & Markets and the European Commission, including in the petrochemical, energy, logistics, retail and automotive business;
- Advising several companies on all aspects of vertical agreements, including issues like "best price"-clauses, resale price maintenance and dual pricing (e-commerce).
Bas has been recommended for many years in the prestigious guides to the legal profession like Legal 500 and Chambers and Partners. In 2018, he won a Client Choice award for "excellence in client service". In addition, he is the only Dutch competition law partner who is featured as Future Leader in the 2018 edition of Who's Who Legal: Competition. Future leaders are leading experts in their field aged 45 year or under.
- "He is well-respected in this 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)
- "An expert and good negotiator" who "keeps an eye out for the business perspective for his client." (Chambers, 2018)
- "highly intelligent" (Legal 500, 2017)
- "litigation specialist" (Legal 500, 2016)
- "pragmatic, reliable and very creative" (Legal 500, 2016)
- "considerable expertise in telecoms, focusing on competition, antitrust and regulatory issues. Recently he has 'been very active and successful' " (Chambers, 2016)
- "can translate legal questions into a business perspective" (Chambers, 2015)
- "He is well informed, hands-on and practical." (Chambers, 2013)
Bas has published copiously in professional journals. He is a resident contributor to Markt & Mededinging and guest lecturer at the Universities of Utrecht and Leiden.
Bas is one of the founders of Maverick Advocaten N.V., having previously worked with other leading firms in competition law, including Allen & Overy (Amsterdam and Brussels) and Stibbe.