Karel Bourgeois is a partner in the Brussels office of Crowell & Moring and a member of the firm’s Antitrust & Competition Group. He is recognized for his experience in antitrust, state aid, and regulation. For over 15 years, he has represented a wide range of clients in merger control, abuse of dominance, and cartel cases before the European Commission, the Belgian Competition Authority, and other regulatory authorities. A considerable part of Karel’s practice also involves representing clients in strategic state aid cases.
He regularly litigates in competition-related matters before the courts. In addition, he offers antitrust compliance support to his clients and advises on all aspects of EU law.
His practice covers a broad range of industries including, TMT, energy, life sciences, chemicals, FMCG, digital platforms, and financial services. Karel helps his clients achieve regulatory approval for their M&A deals. He has significant experience in complex merger control proceedings before the European Commission and national competition authorities. He has inter alia acted on a precedent-setting European Commission merger control case involving vertical integration in the TV distribution chain requiring FRAND commitments, as well as on several of the most sophisticated merger control proceedings before the Belgian Competition Authority.
Karel has also advised on a number of groundbreaking antitrust investigations at EU, Belgium, and international levels. These include: representing a global FMCG supplier in one of the first cartel proceedings before the European Commission that resulted in a settlement decision; financial institutions on global cartel investigations; a media company on an abuse of dominance investigation before the Belgian Competition Authority.
His litigation practice focuses on antitrust (recovery) litigation before the national courts.
In the area of state aid, he assists both governments and beneficiaries on strategic state aid cases, and has experience in drafting complex state aid notifications and defending companies in state aid investigations conducted by the European Commission. Clients regularly turn to Karel for advice on the state aid and regulatory aspects of their infrastructure projects. He has been involved in state aid cases related to some of the highest profile renewable energy projects in Belgium and other EU Member States, and has experience assisting clients on the application of the European Commission’s new COVID-19 state aid framework.
He has been recognized as a Future Leader by Who’s Who Legal Competition (WWL) (2020), Legal 500 (2019), and a Rising Star by LMG’s Expert Guide for Competition and Antirust in Belgium (2019). Karel is praised by WWL for having "wide expertise in antitrust law" and for being "extremely well versed in Belgian competition law." Clients further add that he provides "legally sound and well-focused advice."
Karel is the author of a number of legal publications in the field of Belgian and EU competition law.
He is also active in his pro bono practice by tutoring teenagers in Brussels at Toekomstatelier / Atelier de l’Avenir, introducing them to the role of a lawyer in society.
Affiliations
Admitted to practice: in Belgium and before the European Court
Speeches & Presentations
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"Revision of Horizontal Block Exemption Regulations and the Horizontal Cooperation Guidelines," Crowell & Moring Webinar, 2022.
(June 9, 2022).
Speakers: Thomas De Meese, Karel Bourgeois, and Karl Stas.
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"Perspectives from the Belgian Competition Authority," Crowell & Moring Webinar, 2022.
(March 23, 2022).
Moderators: Thomas De Meese and Karel Bourgeois.
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"Competition Law in Times of Price Increases and Supply Shortages," Crowell & Moring Webinar.
(December 7, 2021).
Speakers: Karel Bourgeois and Karl Stas.
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"Environment, Social and Governance (ESG) from a European Perspective," Webinar in collaboration with IBJ/IJE
(September 8, 2021).
Speakers: Karel Bourgeois and Judith Bussé.
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"State Aid in Times of Recovery and transition: What You Need to Know," Webinar in collaboration with IJE/IBJ, Brussels, Belgium
(March 9, 2021).
Presenters: Karel Bourgeois and Marieke Van Nieuwenborgh.
Publications
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"Algoritmische Prijsbepalingen en Artificiële Intelligentie: mededingingsrechtelijke aspecten," Artificiële Intelligentie door de ogen van de Bedrijfsjurist
(April 2022).
Authors: Karel Bourgeois and Karl Stas.
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"Misbruik van economische afhankelijkheid – eerste toepassingen," IBJ/IJE Partner Blog
(January 24, 2022).
Contacts: Karel Bourgeois and Karl Stas.
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"Examining EU's Drift Toward US-Style Employer Pact Scrutiny," Law360
(November 15, 2021).
Authors: Peter Broadhurst, Karel Bourgeois, and Stefan M. Meisner.
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"ESG: an introduction to the European framework and recent initiatives in Belgium," IBJ / IJE blog article
(September 9, 2021).
Authors: Karel Bourgeois and Judith Bussé.
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"EU State Aids," 6th edition, Sweet & Maxwell
(April 23, 2021).
Contributor to the chapters on “State aid for Energy and Environmental Protection” and “Rescue and Restructuring Aid”: Karel Bourgeois.
Client Alerts & Newsletters
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"Belgium to Introduce Foreign Direct Investment Screening Regime by 2023,"
Antitrust Law Alert
(June 22, 2022).
Contacts: Karel Bourgeois, Karl Stas, Julie van Hevele
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"EU Competition Authorities Respond to Ukraine Crisis: More Flexibility for State Aid and Cooperation Among Companies,"
Antitrust Law Alert
(March 30, 2022).
Contacts: Karel Bourgeois, Flavie Van Maldegem
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"Belgian Competition Act Amended to Introduce Merger Filing Fees, Fines for Failure to Notify and Procedural Changes,"
Antitrust Law Alert
(March 14, 2022).
Contacts: Karel Bourgeois, Karl Stas, Flavie Van Maldegem
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"Change is Coming: Current and Proposed Institutional Reform in Competition Law and The Path Forward,"
Antitrust Law Alert
(July 21, 2021).
Contacts: Marieke Van Nieuwenborgh, Julie van Hevele, Peter Broadhurst, Karel Bourgeois
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"New UK subsidy control regime designed to provide quicker and more flexible support to UK businesses,"
Antitrust Law Alert
(July 6, 2021).
Contacts: Karel Bourgeois, Peter Broadhurst
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"European Commission Proposal on Foreign Subsidies: Towards a Globalization of EU State Aid Control?,"
Antitrust Law Alert
(May 18, 2021).
Contacts: Vassilis Akritidis, Karel Bourgeois, Karl Stas
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"Illumina/Grail – FTC’s First Vertical Merger Challenge in Decades,"
Administrative Law Alert
(April 5, 2021).
Contacts: Connor Ahearn, Alexis J. Gilman, Karel Bourgeois, Olivier N. Antoine, Juan A. Arteaga, Rosa M. Morales
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"State Aid in Times of COVID-19: European Commission Prolongs and Expands Temporary COVID-19 State Aid Framework,"
Antitrust Law Alert
(February 2, 2021).
Contacts: Karel Bourgeois, Marieke Van Nieuwenborgh
Press Coverage
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Google Shopping Win “Vindicates” EU’s Digital Focus, Lawyers Say
November 10, 2021 — Global Competition Review
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EU To Conduct Retrospective Merger Study
June 24, 2021 — Global Competition Review
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Crowell & Moring Chair Seeks Strategic Growth After ‘Good Year’
February 8, 2021 — Bloomberg Law
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'Scharniermoment voor het mededingingsbeleid'
January 21, 2021 — Trends
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New Competition Partner For Crowell
January 7, 2021 — Commercial Dispute Resolution
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Crowell & Moring Expands Brussels Office With A&O Hire
January 5, 2021 — Law.com International
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Crowell & Moring Adds Partner In Brussels
January 5, 2021 — Global Competition Review
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Leading Antitrust Lawyer Karel Bourgeois Joins Crowell & Moring In Brussels
January 5, 2021 — LexGo.be
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Antitrust Pro Joins Crowell & Moring In Brussels
January 5, 2021 — Competition Policy International
Firm News & Announcements