Simon Troch

simon.troch@lw.com

+32.2.788.6184

Profile

Simon Troch represents clients in complex litigations before the Court of Justice of the European Union, in procedures before the European Commission and the Belgian Competition Authority.

Simon advises clients on:

All aspects of Belgian and EU competition law in the broadest sense: abuse of dominance, cartel matters, foreign subsidies, foreign direct investment, merger control proceedings, private damage claims, and State aid
General EU law issues, including food regulations, access to documents, and damages claims vis-à-vis EU institutions

As a litigator, Simon has extensive experience representing clients in the most complex disputes before the EU courts in Luxembourg. He has represented clients before both the General Court (GC) and European Court of Justice (ECJ), on a full spectrum of procedures (regular, expedited, priority, interim relief, interventions, cost claims, etc.).

Simon was part of the Latham team that secured the landmark GRAIL victory in one of the most important ECJ cases in decades. The decision set a limit to the Commission’s attempt to expand its jurisdiction without meeting the EU or any national merger control thresholds. The Latham team’s extensive assessment of the EU Merger Regulations’ travaux préparatoires (i.e., the preparatory works) played a key role in the ECJ’s decision to overturn the GC judgment.

Simon’s experience covers several industry sectors including pharma, food, security, mining, maritime, and transport.

In addition to his commercial practice, Simon holds a teaching role at the Université de Liège (Uliège), with a focus on legal writing, oral pleading, and merger control. In this capacity, he coaches the Uliège moot court teams participating in pleading competitions on EU law, such as the European Law Moot Court. Simon also frequently writes on a broad range of topics related to competition and EU law.

Experience

Simon’s experience includes representing:

Litigation

Medtech company GRAIL in over five cases before the GC and ECJ concerning several Commission decisions applying for the first time Article 22 EU Merger Regulation (EUMR) in relation to a transaction not triggering the EU or any national merger control thresholds, prohibiting for the first time a concentration purely on vertical concerns, imposing interim and restorative measures pursuant to Article 8 EUMR, and imposing a gun-jumping fine; our challenge on the Article 22 decision resulted in a landmark victory, with the ECJ’s invalidation of the Commission’s unlawful assertion of jurisdiction over the transaction (C-625/22 P)
Singapore Airlines in the air cargo ECJ procedure, and a damage/interest case related to annulment of the initial Commission air cargo decision resulting in a €19.5 million settlement in favor of the client
A food company in the first-ever appeal against a Commission decision refusing to renew the authorization of smoke flavoring primary products under the Smoke Flavouring Regulation
Broadcom in its appeal against the Commission’s first use of interim measures in an antitrust case under Regulation 1/2003 resulting in a settlement with the Commission
An airline before the ECJ in its appeal against a GC judgment confirming a Commission decision granting permanent slot rights under merger-related commitments
A shipping company in its appeal against a Commission decision blocking proposed transaction

Non-Litigation

Nuctech, a Chinese security equipment supplier, in the first inspection launched under the EU Foreign Subsidies Regulation
Siemens Healthineers in its US$16.4 billion acquisition of Varian Medical System (conditional Phase I EU clearance)
Multiple clients in obtaining Belgian foreign direct investment clearance (including during Phase II procedures)
An entertainment company in a merger investigation by the Belgian competition authority