Niels Baeten

Mr. Baeten has over 10 years of experience helping global corporations navigate complex multijurisdictional merger control matters, including complex remedy structures. His practice covers a wide range of industries, including aerospace, technology, e-commerce, media and telecommunications, financial services, pharmaceuticals, energy, automotive and manufacturing.

Mr. Baeten has been named as a Future Leader in Competition Law in Who’s Who Legal – Non Partners since 2020, in which clients describe him as “extraordinarily quick with deep knowledge and understanding of complicated business dynamics” and “one of the most articulate attorneys in the competition space.”

He has recently advised on several high-profile global merger control matters, including:

• Amazon.com, Inc. with the antitrust aspects of its US$1.7 billion acquisition of iRobot Corporation;
• Air Canada in its CAD$720 million acquisition of Transat A.T. Inc.;
• Red Hat, Inc. in its acquisition by IBM in an all-cash transaction valued at US$34 billion; and
• Rockwell Collins, Inc. in its US$30 billion acquisition by United Technologies.

Mr. Baeten also has developed particular experience in EU state aid matters, specifically in the financial and energy sectors. His recent state aid experience includes:

• advising various clients active in the airline industry on the state aid aspects of COVID-19-related recapitalizations and other support measures;
• representing Victaulic Europe in its appeal against the European Commission’s (EC) negative state aid decision in connection with the Belgian “excess profit” ruling corporate tax regime;
• representing Kingfisher in its appeal against the EC’s decision regarding the Group Financing Exemption in the U.K.’s Controlled Foreign Company rules;
• acting for a global pharmaceutical company in the context of a preliminary EC state aid investigation and potential proceedings before the EU courts in relation to the company’s transfer pricing and tax arrangements; and
• advising a global energy supplier in a EC state aid investigation into the company’s contractual arrangements with an EU member state.

Additionally, Mr. Baeten regularly acts for clients in antitrust investigations before the EC and the Belgian Competition Authority, as well as on appeals before the EU courts. He also advises global clients on the implication of the forthcoming Digital Markets Act and similar (forthcoming) legislation at national level.