Marc Hansen

  • Partner
  • Emarc.hansen@lw.com
  • 99 Bishopsgate
  • London EC2M 3XF
  • United Kingdom
  • T +44.20.7710.1094
  •  
  • Boulevard du Régent, 43-44
  • Brussels B-1000
  • Belgium
  • T +32.2.788.6301
  •  
 

Profile

Marc Hansen is a partner based in the Brussels and London offices. He focuses on EU and UK competition law and has considerable experience with multijurisdictional cartel investigations and antitrust/IP interface issues, including:

  • IP and antitrust interface issues, including technology standard setting
  • Multijurisdictional antitrust investigations and litigation involving US, EU, Japanese, Canadian, Australian, and other enforcement authorities
  • Compliance counselling with respect to antitrust, corporate fraud, and corruption
  • EU State aid

Mr. Hansen has particular experience advising on antitrust and IP interface issues and has advised on disputes involving leading technology standards, including:

  • SAE 1234yf refrigerant
  • DVD standard and pool
  • Bluray standard and pool
  • SDMI standard
  • Tetra
  • 3G UMTS pools
  • 4G-LTE and Avanci IOT and automotive applications licensing
  • MiFare NFC standard

Mr. Hansen currently advises a complainant and multiple other parties in the EU Commission investigation into refusals to license standard essential patents required to implement wireless communications standards in the connected vehicle and IOT environment (Nokia SEP licensing practices), as well as in the related litigation on these issues in the US and in Germany.

He has also represented clients in several leading IP/antitrust cases including some of the leading pharmaceutical cases, the publishers’ rights cases in the field of online exploitation (CELAS), and the landmark EU antitrust case against CISAC music licensing practices, which led to the first-ever decision condemning horizontal cross-licensing practices among music authors’ societies unlawful under Article 81 EC.

Mr. Hansen has represented clients in numerous cartel investigations and acts as global lead counsel coordinating in major multi-jurisdictional cartel investigations involving US, EU, Japanese, Canadian, Australian, South African, Brazilian, Indian, Chinese, and other enforcement authorities. He has advised clients in the most complex cartel cases of recent years, including:

  • Five Automotive Parts cases, including the initial case (Wire Harnesses)
  • FOREX
  • Lead Recycling
  • Industrial Batteries
  • Automotive Starter Batteries
  • Prestressing Steel
  • Professional Video Tapes
  • Air Cargo
  • Smart Card Semiconductors
  • High Voltage Power Cables

Notable successes include advising on the settlement which led the EU Commission to revise its fining policy on acquired subsidiaries (ArcelorMittal 2011, Highly Commended at the 2011 Financial Times Innovative Lawyers Awards).

Thought Leadership

  • Writes and speaks extensively on EU and UK competition law
  • Serves as EU appointee on the Non-Governmental Advisor Panel of the intergovernmental International Competition Network (ICN) and has been appointed by the EU Commission as chair or a speaker at ICN proceedings in 2008, 2010, 2011, 2014, 2016, 2017, and 2018
  • Served as Co-Chair of the Horizontal Guidelines, Leniency Incentives, and Access to File Procedures consultative groups at the European Competition Lawyers Forum in 2010, 2011, and 2014 respectively


Thought Leadership

  • European Commission’s White Paper on Foreign Subsidies: Closing a regulatory gap? -  June 18, 2020
  • New DOJ Guidance Increases Benefits for Robust Antitrust Compliance Programs — What Companies Need to Know -  July 15, 2019
  • New Law Governing Foreign Direct Investment in the United States Brings Significant Changes to CFIUS Review -  August 13, 2018
  • General Court Annuls Fine in Envelope Cartel Settlement -  December 15, 2016
  • Darwinism in Cartel Enforcement: Can a Farmer Become a Hunter? -  November 24, 2015
  • ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies -  July 13, 2015
  • Court of Justice Finds Deutsche Bahn Dawn Raids Illegal  -  June 23, 2015
  • General Court Rules on Relationship Between “Standard” and Settlement Cartel Procedures for First Time  -  May 22, 2015
  • The European Court of Justice Caps Liability for Acquired Companies’ Cartel Infringements  -  September 9, 2014
  • European Commission Publishes New Guidance on Assessment of Horizontal Co-operation Agreements -  December 22, 2010
  • EU Cartel Enforcement—Proposed New Settlement Procedures -  November 16, 2007
  • Akzo Judgment: The CFI Clarifies Scope and Procedural Safeguards for Claims of Legal Professional Privilege -  September 26, 2007
  • Breaking New Ground: Direct Settlement of EC Cartel Cases -  September 01, 2007
  • Collective Licensing and Transnational Exploitation of Music Rights in Light of Recent Antitrust and Legislative Developments in Europe: A Broadcaster Perspective -  January 2006

Presentations

  • US Foreign Direct Investment Control During the Trump Administration: A More Uncertain World and Reactions in Europe to Investment Deflection -  June 19, 2018
  • Multiplication of parallel cartel proceedings at global level: A negative leniency incentive? -  October 03, 2016
  • Private Antitrust Litigation - Europe vs. United States -  May 10, 2016
  • Hub and Spoke Cartels -  April 24, 2014
  • Atypical Cartels – Future Enforcement and Recent Trends -  February 03, 2014
  • Multijurisdictional Privilege Issues in Internal Investigations -  June 05, 2013
  • Cartel Settlements and Leniency in the US and the EU - Are Leniency and Cooperation Worth It? -  November 21, 2012
  • Fines - Time for a Re-think? -  November 13, 2012
  • The Automotive Cartel Investigation: The First Lessons for the Future -  May 29, 2012
  • Disclosure and Discovery: The Cost of Applying for Leniency -  May 29, 2012
  • Disclosure of Evidence Arising out of Cartel Investigations -  March 22, 2012
  • Procedural and Substantive Conflicts in Multi-Jurisdictional Cartel Investigations -  February 17, 2012
  • Challenges to International Cartel Enforcement and Multi-Jurisdictional Leniency Applications -  February 01, 2012
  • New Issues in Cartel Enforcement -  November 9, 2011
  • Multi-jurisdictional Cartel Enforcement -  October 10, 2011
  • Leniency Programmes and Incentives: Is There Room for Improvement? -  October 01, 2011
  • International Coordination in Competition Enforcement: The View from the Private Sector -  July 21, 2011
  • 10 Practical Lessons From Pending Cases: The Moving Targets in Cartel Practice -  April 27, 2011
  • Procedural and Substantive Conflicts in Multi-Jurisdictional Cartel Investigations -  October 08, 2010
  • IP and Competition Law: An Interface Between Phases? -  April 21, 2010
  • 2009 - A Wastershead Year for European Civil antitrust Litigation, Fair Trade Center, Tokyo -  December 2009
  • Collective Licensing in the EU After the CISAC Decision -  January, 2009
  • Music Rights Licensing After the CISAC Decision -  December 3, 2008
  • EU Cartel Enforcement and Trends -  April 2008
  • Is There Life After Competition Law? Reflections on the CISAC and CELAS Cases -  January 27, 2008
  • EU Cartel Enforcement and Litigation – New Challenges -  October 02, 2007
  • The Coming of Age of European Cartel Enforcement? -  November 2006
  • The 10 Most Popular Antitrust Claims by Licensees Seeking to Get Out of Paying Royalties -  September 2005
  • Recent Developments in EC State Aid Law -  April 29-30, 2004
  • EU Commission Cartel Enforcement Policy and Priorities: Impact on Defense and Civil Litigation Strategies -  April 2004
  • The New EU Technology Transfer Regime - Out of the Straightjacket Into the Safe Harbour? -  April 2004
  • The Proposed Technology Transfer Block Exemption and Related Guidelines -  November 24, 2003
  • Recent Developments in EC State Aid Law -  November 2003
  • Cartel Enforcement and Litigation in the EU and US -  February 18, 2003
Bar Qualification
  • Brussels Bar - E List
  • Denmark (Advokat)
  • England and Wales (Solicitor)
  • New York
Education
  • LLM, University of Michigan Law School, 1984
  • Cand. Jur., University of Copenhagen, 1983
Industries
  • Mining & Metals
  • Automotive
Languages
  • English
  • Danish
  • French
Practices
  • Antitrust & Competition
  • Litigation & Trial Practice
  • EU State Aid