Gavin Bushell is a partner in the European & Competition Law Practice Group in Brussels, where he advises clients on EU competition, state aid and aviation law. He has more than 15 years of experience practicing law and is a frequent speaker at legal conferences, particularly on merger control matters. Mr. Bushell is individually ranked in Chambers & Partners Global - Belgium for Competition Law in Band 4, up from Band 5 in 2015. "Sources acknowledge Gavin Bushell's growing profile in the market, saying: "Gavin advised Abbott Laboratories on the USD 5.3 billion sale of its speciality pharmaceuticals business to Mylan. He is described as "extremely hard-working, energetic and solution-finding. He is a young and hungry person with whom it is pleasant and efficient to work." "He's a great competition lawyer and business generator." Clients appreciate the fact that he "took the time to understand our business structure, our operations and our standards." In March 2012, Mr. Bushell was named by Global Competition Review as one of the top 40 of the world’s leading competition practitioners under the age of 40 in its 40 under 40 survey. He was chairman of the Law Society, Brussels Competition Section from 2012 to 2015, and co-author of a number of articles on EU competition law. He is also a member of various legal and industry associations such as the European Air Law Association and the European Aviation Club.
Mr. Bushell focuses on EU competition and merger control law, and aviation law and regulation, and has acted for global companies in various sectors including aviation, banking, beverages, mining, parcel delivery services, recorded music, manufacturing, packaging and nuclear energy. He has broad experience in all aspects of merger transactions, international cartel and horizontal agreement investigations, state aid proceedings, Article 102 TFEU (abuse of dominance) investigations as well as representing clients in litigation before the General Court of the European Court of Justice in Luxembourg to challenge European Commission decisions. Mr. Bushell has advised and trained clients around the world on creating and implementing competition compliance training programmes.
Representative Legal Matters
Represented Abbott Laboratories on its USD5.8 billion acquisition of Alere, Inc. before the European Commission.
Represented FedEx on its EUR 4.4 billion acquisition of TNT Express and also represented FedEx before the European Commission to successfully challenge the UPS/TNT merger and before the European General Court in the subsequent UPS v Commission litigation.
Represented Abbott Laboratories before the European Commission to obtain conditional Phase I clearance of the sale of its Established Pharmaceutical Division in Development Markets to Mylan for USD5.3 billion.
Represented Ergon Capital on the sale of Steel Partners/Joris Ide Group to Kingspan Plc, which was cleared by the European Commission in Phase I.
Represented Ingram Micro on the acquisition of Anov Expansion and obtained unconditional clearance in Phase I in a Simplified Procedure within 17 working days.
Represented Aegean Airlines before the European Commission to obtain unconditional Phase II clearance of its acquisition of Olympic Air, a significant result given that the first merger attempt was prohibited in 2011.
Represented Vitol on its successful acquisition of the Cressier refinery in Switzerland.
Represented Continental Airlines before the European Commission to obtain Phase I clearance on its merger with United Air Lines.
Successfully defended a large international airline in the air cargo cartel investigation before the European Commission and other competition authorities.
Successfully represented the Irish Department of Transport during the European Commission's Phase II investigation into Ryanair's hostile bid for Aer Lingus.
Professional Associations and Memberships
Law Society of England & Wales - Member
Bureau de Bruxelles - E-List
England & Wales~United Kingdom (2002)
Competition & Antitrust
European Union | 22 December 2016
The European Commission is consulting on procedural and jurisdictional changes to EU merger control. One big proposed change is set to introduce a value-of-transaction threshold as a trigger for notification, which could potentially bring into the commission's net all deals where the global value of the transaction meets the commission's test. As notification is burdensome and can involve substantial delays to a deal, many companies may object that this is extra-territorial overreach.
European Union | 07 August 2014
The European Commission recently adopted a revised de minimis notice. It provides clarity to companies on agreements of minor importance and when they can benefit from a safe harbour. Agreements containing 'by object' restrictions are now systematically excluded from the safe harbour and always constitute an appreciable restriction of competition.
European Union | 13 February 2014
The European Commission recently adopted a new filing regime under its Merger Control Simplification Package. An increasing number of merging parties can hope to have a less burdensome review process than under the existing procedure. However, while some changes will bring benefits, the improvements are accompanied by other changes that are unlikely to streamline information-gathering requirements.