Ingrid VandenborrePartner at Skadden, Arps, Slate, Meagher & Flom LLP
Ingrid Vandenborre is the partner in charge of Skadden’s Brussels office. Her practice focuses on EU and international merger control and competition law enforcement.
Ms. Vandenborre has consistently been named as a leading practitioner in Who’s Who Legal guides in both competition and life sciences. In 2020, she was named Competition Lawyer of the Year at the Benchmark Litigation Europe Awards, which also recognized her work advising Aspen in relation to the European Commission’s Article 102 investigation of the company’s pricing practices as an Impact Case of the Year. In 2016, she received the ILO Client Choice Award for the category of EU Competition and Antitrust, awarded by The International Law Office in recognition of individual partners who excel across the full spectrum of client service, and in 2018 she was shortlisted for Transatlantic Disputes/Regulatory Lawyer of the Year at the Transatlantic Legal Awards, hosted by Legal Week and The American Lawyer. Ms. Vandenborre was part of the Skadden team awarded M&A Deal of the Year at the IFRL1000 Europe 2020 Awards for its representation of Gilead Sciences, Inc. in its US$5.1 billion transaction with Galapagos NV. She currently serves as nongovernmental adviser to the intergovernmental International Competition Network.
Ms. Vandenborre has significant experience in Article 101 issues in relation to cartel arrangements, as well as vertical and competitive agreements.
She represents GUK, a Mylan entity, in the in the first EU patent settlement proceeding. She represented the company in the European Commission’s investigation of the company’s patent settlement agreements with Lundbeck, and in the subsequent appeal of the European’s Commission decision before the General Court. She is currently handling the appeal of the General Court’s judgment, which upheld the European Commission’s decision, before the Court of Justice of the EU.
Recently Ms. Vandenborre has also been representing Aspen Pharmacare Holdings before the EC in relation to allegations of abuse of dominance (excessive pricing) brought by the European Commission on 15 May 2017, following the infringement decision adopted by the Italian Competition Authority on 29 September 2016. This is the Commission’s first investigation into concerns about excessive pricing practices in the pharmaceutical industry, and was identified by Benchmark Litigation as Impact case of the Year. The Commission has expressed an intention to accept Aspen's proposed commitments, which if confirmed would resolve the matter without an infringement finding on the part of Aspen.
She also advised Kuoni and Thomas Cook in an investigation by the EU Commission into so-called geo-blocking clauses that provided for different hotel accommodation conditions depending on the location or residence of the traveller. The Commission has actively enforced against such clauses in different industries recently, including media, entertainment and retail. Following several years of investigation, the commission agreed earlier this year to suspend its investigation into the tour operators, including Thomas Cook and Kuoni, without penalty.
She also has successfully assisted companies in obtaining conditional immunity with the European Commission and other competition law agencies in and outside the EU. Recent representations include the immunity and leniency applicants in the EU power cables and car battery recycling cartel investigations, respectively. Most recently, Ms. Vandenborre successfully assisted ABB in its appeal before the European Court of Justice against the Commission's power cable cartel decision confirmed by the General Court, resulting in the first successful partial annulment of a Commission decision by an immunity applicant.
Finally, Ms. Vandenborre’s merger control practice covers more than $250 billion dollars' worth of complex merger matter in the last 12 months, including the representation of PayPal in relation to its Honey acquisition, Visa in relation to its acquisition of Plaid, Stryker in relation to its acquisition of Wright, and ABB in its transaction with Hitachi, among others."