Dave Anderson

  1. People /

Dave Anderson

Dave Anderson

Partner

  1. People /

Dave Anderson

Dave Anderson

Partner

Dave Anderson

Partner

Brussels

Office Managing Partner

T: +32 (0) 2 792 2421

M: +32 474 271583

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Biography

Dave Anderson is a Partner in the firm's Antitrust & Competition team and leads the firm’s Brussels office. He is an American and is qualified in the US, UK, Ireland and Belgium.

His practice focuses on EU and international antitrust aspects of mergers, acquisitions, joint ventures, cartels, commercial agreements and abuses of dominant positions. Dave also advises on EU regulatory law, the EU Foreign Subsidies Regulation and foreign direct investment regimes.

He is very active on behalf of clients on the policy side of international antitrust. Dave is a Non-Governmental Adviser to the European Commission on the work of the International Competition Network (ICN), a body comprising all of the world’s major antitrust agencies.

Dave is an Adjunct Professor of Law at the University of Liège and a Senior Researcher (Competition Law) at the VUB/Brussels School of Governance.

David Anderson is not only a great lawyer, but also stands out for his efficient handling of cases, as well as his excellent communication with clients…He is always responsive, attentive and smart.

Chambers Global 2024

Advise clients across a wide range of industries including technology, electronics, energy, transport, chemicals, mining and minerals, retail food and professional services.

 

Advise clients on regulatory processes and strategies in the EU, Asia, and the Americas.

Guides US-based multinationals through EU and regulatory systems worldwide.

Advise the UN Conference on Trade and Development (UNCTAD) and competition agencies in Europe, Asia, Africa and South America on competition law reform and capacity building.

A leading international competition lawyer

Dave is recognised as a leading international competition lawyer by Chambers, Legal 500 and Global Competition Review.

  • "A sought-after adviser to American clients on merger clearance matters… His knowledge of the process, personnel and industries at issue was of significant value."  Chambers Global 2024
  • “His easygoing style and ability to bridge the divide between sectors makes him a valued addition to the projects. His inputs are grounded and always adapted to the local contexts." Chambers Global 2024
  • "Dave Anderson is one of the most experienced international lawyers for EU and other global matters. Dave is very responsive and thorough, always gets high marks from our clients." Legal 500 EMEA 2023
  • "Dave Anderson is extremely personable, very committed, and has strong connections with the regulator. Because he is American, he is also able to bridge the gap very well and helps to translate the European Commission's expectations to US-trained clients." Chambers Global 2023
  • "Dave Anderson is a go-to guy for competition-related questions. He is experienced and good at identifying the most important issues in a complex situation." Legal 500 EMEA 2022
  • "David Anderson attracts a considerable volume of praise from clients for his work on transactional and competition compliance matters. 'He’s very personable and an excellent communicator' states one client. 'He takes a pragmatic, business-focussed approach' notes another client, adding 'He gives strategic advice and is able to unblock issues.'" Chambers Global 2022
  • "David Anderson is really the external counsel you wish to have. Professional, dedicated, committed." Legal 500 EMEA 2021
  • "Clients appreciate that he is 'very supportive, always available and tries to understand matters not just from a legal point of view but a business point of view too.'" Chambers Global 2021

A leading international competition lawyer

Dave is recognised as a leading international competition lawyer by Chambers, Legal 500 and Global Competition Review.

  • "A sought-after adviser to American clients on merger clearance matters… His knowledge of the process, personnel and industries at issue was of significant value."  Chambers Global 2024
  • “His easygoing style and ability to bridge the divide between sectors makes him a valued addition to the projects. His inputs are grounded and always adapted to the local contexts." Chambers Global 2024
  • "Dave Anderson is one of the most experienced international lawyers for EU and other global matters. Dave is very responsive and thorough, always gets high marks from our clients." Legal 500 EMEA 2023
  • "Dave Anderson is extremely personable, very committed, and has strong connections with the regulator. Because he is American, he is also able to bridge the gap very well and helps to translate the European Commission's expectations to US-trained clients." Chambers Global 2023
  • "Dave Anderson is a go-to guy for competition-related questions. He is experienced and good at identifying the most important issues in a complex situation." Legal 500 EMEA 2022
  • "David Anderson attracts a considerable volume of praise from clients for his work on transactional and competition compliance matters. 'He’s very personable and an excellent communicator' states one client. 'He takes a pragmatic, business-focussed approach' notes another client, adding 'He gives strategic advice and is able to unblock issues.'" Chambers Global 2022
  • "David Anderson is really the external counsel you wish to have. Professional, dedicated, committed." Legal 500 EMEA 2021
  • "Clients appreciate that he is 'very supportive, always available and tries to understand matters not just from a legal point of view but a business point of view too.'" Chambers Global 2021

Dave Anderson is extremely personable, very committed, and has strong connections with the regulator.

Chambers Global 2023

Admissions

  • Brussels  (A-List)

    England and Wales

    Ireland

    Minnesota

    Pennsylvania

    Washington DC

Related Practice Areas

  • Antitrust

  • Energy & Natural Resources

  • Anti-Bribery & Corruption

  • Investigations

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Brexit

  • Oil, Gas and LNG

Experience

  • London, England – Advising FlyBe on the EU merger clearance of its acquisition by a consortia led by Virgin Atlantic and related aviation regulatory matters.
  • San Jose, USA – Advising a global electronics manufacturing services company on antitrust proceedings in Hong Kong SAR and regulatory matters in Brussels.
  • New York, USA – Advising a major online platform on multiple European Commission investigations.
  • Madrid, Spain - Advising a global FMCG client on an antitrust investigation in Spain.
  • Brisbane, Australia - Advising an energy sector client on the global antitrust aspects of a mining acquisition in Australia.
  • Beijing, China - Advising the Chinese aviation company AVIC on the first-ever clearance in Brussels of a China-to-China merger.
  • Brasilia, Brazil - Advised BDO International on antitrust investigations into the audit sector by the European Commission and regulators in Brazil, Denmark and the UK.
  • Mozambique - Advising a major international oil and gas company on the global antitrust aspects of a major LNG project in Africa.
  • Houston, USA - Advising a US-based $27bn private equity fund on a continuous flow of transactions and merger investigations around the world.
  • Los Angeles, USA - Advising the Michael Jackson Estate on the EU’s approval of the sale of its stake in the ATV/Sony music publishing joint venture to Sony.
  • Austin, Texas, USA - Advising Wayne Fuelling Systems on the clearance in the UK and Russia of its acquisition by Dover Corporation.

Resources

Publications

BCLP article nominated for 2024 anti-trust writing awards

Dave Anderson is co-editor and contributing author of the book, The International Competition Network at Twenty (2022, Intersentia Publishing) a collection of essays analysing the ICN’s second decade as the world’s leading organisation in the field of international antitrust.

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Foreign Direct Investment: key recent and future developments in Europe and the US

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context, there have been – or will likely soon be – significant changes to FDI regimes across the world. In this article, BCLP’s experts in Brussels, Hamburg, London, Paris and Washington DC explore current or forthcoming amendments to the FDI regimes in France, Germany, the United Kingdom, the United States and the European Union.
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Feb 20, 2024

Chambers Global 2024

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Feb 15, 2024

CMA hits accelerator on enforcement of UK labour markets

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan. The Annual Plan highlights that with the cost-of-living crisis and at a time where finances are under particular pressure, the CMA wants to clamp down on cartel behaviour and unilateral effects impacting household income and labour markets, and therefore is actively pursuing collusive behaviour that affects finances/household incomes. The CMA’s focus on labour markets comes at a time that the UK Government has also signalled its intention to limit post-termination non-compete clauses to a period of three months.[1] Since coming squarely into the CMA’s focus, the CMA has: (i) published specific guidance for employers on the types of anti-competitive agreements and behaviours they should avoid in labour markets; (ii) published a report on competition and market power in UK labour markets; and (iii) has opened a number of investigations into potential anti-competitive behaviour in labour markets (and is reported to be investigating further potential instances). The CMA is not alone in this approach, and follows the activities of regulators in other jurisdictions such as the US and the EU. This article focuses on the key issues that employers should be aware of following the CMA’s recent activity, in particular no-poaching and wage-fixing agreements.
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Jan 29, 2024

The Year Ahead For M&A Regulation In Brussels

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn. After two terms and 10 years at the helm of EU competition policy (which is unprecedented in recent times), Margrethe Vestager is likely to move on from her post as the bloc’s top antitrust enforcer – and her replacement will likely bring a new enforcement agenda. This article explores the top current trends and developments affecting M&A regulation in Europe, focusing on the continued targeting of “below threshold” deals via Article 22 of the EU Merger Regulation (“EUMR”), the rise of the new ecosystems theory of harm, the role of the Foreign Direct Investment (“FDI”) and Foreign Subsidies Regulation (“FSR”) screening regimes and sustainability as a factor in the substantive assessment of mergers – all set against the backdrop of the incoming new Commission that will drive EU competition policy until 2029.
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Formalism on the Chopping Bock – the ECJ’s judgment in Super Bock

The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’ infringement of Article 101(1) TFEU must be considered by reference to whether, on a case-by-case basis, the agreement presents a sufficient degree of harm to competition. Super Bock is the first occasion on which the ECJ has applied this principle to vertical agreements fixing minimum resale prices (aka resale price maintenance, or “RPM”). In applying established principles to the vertical RPM setting, the ECJ’s analysis in Super Bock is unsurprising. However, it does formally reverse the Court’s earlier judgment in C-243/83 - SA Binon, and in doing so continues the ECJ’s retreat from assessing ‘by object’ infringements as according to their form, rather than their substance, under Article 101 TFEU. In this article we assess the impact of Super Bock, with analysis of its impact for businesses and competition authorities.  

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Mar 26, 2024
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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context, there have been – or will likely soon be – significant changes to FDI regimes across the world. In this article, BCLP’s experts in Brussels, Hamburg, London, Paris and Washington DC explore current or forthcoming amendments to the FDI regimes in France, Germany, the United Kingdom, the United States and the European Union.
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Mar 05, 2024
BCLP article nominated for 2024 antitrust writing awards
News
Feb 20, 2024
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Insights
Feb 15, 2024
CMA hits accelerator on enforcement of UK labour markets
Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan. The Annual Plan highlights that with the cost-of-living crisis and at a time where finances are under particular pressure, the CMA wants to clamp down on cartel behaviour and unilateral effects impacting household income and labour markets, and therefore is actively pursuing collusive behaviour that affects finances/household incomes. The CMA’s focus on labour markets comes at a time that the UK Government has also signalled its intention to limit post-termination non-compete clauses to a period of three months.[1] Since coming squarely into the CMA’s focus, the CMA has: (i) published specific guidance for employers on the types of anti-competitive agreements and behaviours they should avoid in labour markets; (ii) published a report on competition and market power in UK labour markets; and (iii) has opened a number of investigations into potential anti-competitive behaviour in labour markets (and is reported to be investigating further potential instances). The CMA is not alone in this approach, and follows the activities of regulators in other jurisdictions such as the US and the EU. This article focuses on the key issues that employers should be aware of following the CMA’s recent activity, in particular no-poaching and wage-fixing agreements.
Insights
Jan 29, 2024
The Year Ahead For M&A Regulation In Brussels
2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn. After two terms and 10 years at the helm of EU competition policy (which is unprecedented in recent times), Margrethe Vestager is likely to move on from her post as the bloc’s top antitrust enforcer – and her replacement will likely bring a new enforcement agenda. This article explores the top current trends and developments affecting M&A regulation in Europe, focusing on the continued targeting of “below threshold” deals via Article 22 of the EU Merger Regulation (“EUMR”), the rise of the new ecosystems theory of harm, the role of the Foreign Direct Investment (“FDI”) and Foreign Subsidies Regulation (“FSR”) screening regimes and sustainability as a factor in the substantive assessment of mergers – all set against the backdrop of the incoming new Commission that will drive EU competition policy until 2029.
Awards
Sep 19, 2023
BCLP Competition Lawyers Ranked in ‘Who’s Who Legal’ 2023
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Aug 03, 2023
Another SIEC in the wall - the ECJ’s judgment in CK Telecoms
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Aug 01, 2023
The DMA and the DMCC: a side by side analysis
Insights
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The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’ infringement of Article 101(1) TFEU must be considered by reference to whether, on a case-by-case basis, the agreement presents a sufficient degree of harm to competition. Super Bock is the first occasion on which the ECJ has applied this principle to vertical agreements fixing minimum resale prices (aka resale price maintenance, or “RPM”). In applying established principles to the vertical RPM setting, the ECJ’s analysis in Super Bock is unsurprising. However, it does formally reverse the Court’s earlier judgment in C-243/83 - SA Binon, and in doing so continues the ECJ’s retreat from assessing ‘by object’ infringements as according to their form, rather than their substance, under Article 101 TFEU. In this article we assess the impact of Super Bock, with analysis of its impact for businesses and competition authorities.