Bas Braeken

Practice Areas

Bas is a partner at bureau Brandeis. He is an experienced competition and antitrust lawyer. He is also a recognised specialist in the field of regulated markets (such as telecoms, media, sports, aviation, mail and parcels, fintech, data and mobility). Bas represents companies and their management in civil proceedings as well as before the Netherlands Authority for Consumers & Markets (ACM), the European Commission and the Bureau for Verification of Investments (in Dutch: Bureau Toetsing Investeringen, BTI). He has represented clients in more than 150 (both administrative law and civil) cases in the field of competition law, economic regulation and consumer protection rights, before both Dutch and European courts as well as before regulators. He defends companies in (alleged) cartels and during dawn raids and advises and litigates almost on a daily basis on foreign direct investments (Wet Vifo), the Digital Markets Act (DMA), forms of collaboration and state aid. Bas is involved in several high-profile follow-on competition cases (cartel damages cases), including in the financial and tech sector. Bas is seen as a trusted advisor and also often acts as counsel’s counsel for specific matters of (European) competition law, for example in the context of takeovers and joint ventures.

Career

Bas studied in Leiden, Paris and London and was called to the bar in 2001. Before joining bureau Brandeis, he was a long-time employee of Allen & Overy (Amsterdam and Brussels) and one of the co-founders of a Dutch niche firm focusing on competition law. Bas has a great many publications to his name. He regularly gives presentations on competition law at conferences and seminars.

Work Highlights

Winning a landmark case on behalf of EU Athletes, Mark Tuitert and Niels Kerstholt in appeal proceedings before the Grand Chamber of the European Court of Justice. The case related to the Commission’s decision prohibiting some of the eligibility rules of the International Skating Union. In its high profile judgment the ECJ upheld the prohibition decision and even clarified he message that national courts do not need to respect arbitration clauses requiring arbitration before CAS when matters of EU competition law are at stake.

Representing Mobile Virtual Network Operator Youfone in its second phase merger control proceedings in relation to the contemplated acquisition by Royal KPN.

Acting as local counsel for Cleary Gottlieb Gottlieb, as lead counsel for Philip Morris, in relation to the tobacco cartel, in which the Dutch competition authority imposed record-breaking fines for a new form of an hub-and-spoke cartel.

Assisting Crowell Moring as local counsel in a national cartel investigation in the agricultural sector. The case has ended with a settlement decision.

Successfully assisting a private equity company in a Dutch cartel case (bid rigging) in relation to traffic signs.

Winning an important administrative appeal before the Dutch Ministry of Infrastructure and Water Management as regards the prohibition for drone flight academies to additionally sell drones.

Acting on behalf of Bastion, one of the Netherlands’ largest hotel chains, in appeal proceedings with the General Court against three European Commission stated aid decisions.

Assisting the Dutch and European football agents in high-profile national civil proceedings against new rules of the FIFA (FFAR) imposing various restrictions on the agents, including their remuneration. Pending the appeal proceedings, FIFA has voluntarily suspended its rules, awaiting the outcome of preliminary proceedings before the European Court of Justice.

Representing various undertakings in the travel and consumer goods industries in relation to investigations by the ACM into alleged breaches of consumer protection rules.