Jacques Derenne

Jacques Derenne is the Global Practice Group Leader of the firm’s Antitrust and Competition Group and the head of the EU Competition & Regulatory practice at Sheppard Mullin’s Brussels office. He is a member of the Brussels and Paris bars. He is also a Professor at the University of Liege and at the Brussels School of Competition.

Areas of Practice

Jacques has over 30 years of EU competition law experience across all areas, including mergers, cartels, abuses of dominance and State aid. He has developed a particular expertise in EU regulatory and related competition law issues in a number of highly regulated industries, including energy, the postal sector, aviation, railways, communications (telecoms, satellites, audio-visual) and tobacco products. Jacques regularly appears at competition hearings before the European Commission, and pleads cases before the General Court and the Court of Justice of the European Union, national competition authorities, the Belgian and French courts and various regulatory bodies.

Publications and Teaching Engagements

Jacques co-directed and co-authored studies for the European Commission on the enforcement of State aid rules at the national level (2006 and 2009), which contributed to the Commission's Recovery and Enforcement Notices in 2007 and 2009 respectively.

He co-edited a book on the Enforcement of EU State aid law at national level - 2010 - Reports from the 27 Member States (Lexxion, October 2010), and has written quarterly comments on State aid case law and the Commission’s decisional practice in the journal Concurrences since 2004 (together with EU officials).

Jacques teaches competition law (State aid) at the University of Liege and at the Brussels School of Competition. He also publishes widely on various other EU constitutional, competition, and regulatory issues, such as on antitrust damages or on the res judicata principle vs. the principles of primacy and effectiveness of EU law. He regularly speaks at competition conferences.

Jacques is a founding member of the Global Competition Law Centre (College of Europe, Scientific Council and Executive Committee).

Honors

Jacques Derenne is a highly regarded competition law practitioner across all Global and European competition rankings, including in:

Chambers (Europe and Global)

Benchmark Litigation

Legal500

JUVE

IFLR

GCR The Who's Who Legal, Guide to the World's Leading Competition Lawyers/Economists

LeadersLeague

The Best Lawyers list.

Jacques Derenne of Sheppard Mullin Richter & Hampton LLP comes highly regarded for his State aid expertise, where he is recognised as a stellar practitioner and one of the top names in Belgium. Clients declare that he is clearly an expert within his subject area. (Chambers Europe).

He is recognised by his clients as a real EU-law street fighter. He is very hard-working, tenacious and is not afraid of coming up with creative solutions (Chambers Europe).

Jacques is a Star Individual for State aid in Chambers Europe and features among the 12 Leading Individuals in Legal500 (EU competition in Brussels).

Jacques is also rated excellent by LeadersLeague directory and in JUVE for Competition Law.

Insights

Articles

•State Aid and Private Enforcement: An Overview of EU and National Case Law
2020 Competition Case Law Digest, 04.07.2020
•Recent EU State Aid Judgements Offer Mixed Results
Tax Notes International, 10.07.2019

[List limited to articles and books since 2012]

•Review of the June 18, 2019 ruling EU General Court, Micula, Joined Cases T-624/15, T-694/15 and T-704/15, e-Competition Bulletin blog, June 2019
•Morceaux choisis de recents developpements du droit des aides d’Etat (Selected pieces of recent State aid law developments), Contrats concurrence Consommation (proceedings of AFEC Conference of May 23, 2019 in Paris) n 7, July 2019
•Quarterly case comments on State aid in Revue Concurrences since 2004 (in French)
•Aid Recovery, in State Aid in the Energy Sector, L. Hancher, A. de Hauteclocque, F. Maria Salerno, co-eds, Hart Publishing, Florence School of Regulation, 2018, pp. 496, spec. pp. 1-25
•The Powers and Obligations of National Courts with Regard to Unlawful State Aid: Lessons from CELF I and CELF II, in Milestones in State aid case law, Estali, Milestones in State Aid Case Law, EStAL’s First 15 Years in Perspective, C. Buts & J.-L. Buendia Sierra, co-eds, Lexxion, 2017, pp. 342-355
•Distortion of Competition and Effect on Trade Between Member States in EU State Aid Control: Law and Economics, Chapter 5 (with Vincent Verouden), Wolters Kluwer, 2017, pp. 20 (Philipp Werner, Vincent Verouden (eds))
•Commission v World Duty Free Group a.o.: selectivity in (fiscal) State aid: quo vadis Curia?, Journal of European Competition Law & Practice, 2017, Vol. 8, No. 5, Oxford University, pp. 311-313
•Chronique de jurisprudence europeenne - Aides d’etat (2011-2015), Chapitre 1 - Les regles de fond, Cahiers de droit europeen, 2016/2, pp. 687 - 827 (a comprehensive review of the EU case law on State aid), with Marianne Dony
•Chronique Aides d’Etat: Application des regles sur les aides d’Etat dans des affaires concernant la Belgique (juridictions belges et europeenne, Commission europeenne). Annees 2014, 2015, 2016, Revue de la Concurrence Belge - Tijdschrift voor Belgische Mededinging (with Wim Vandenberghe), 2017/3, pp. 1-50
•L’autorite de chose jugee a l ’epreuve du droit de l’Union europeenne - Du principe d’effectivite en general et des regles specifiques en matiere d’aides d’etat en particulier, in Contentieux du droit de la concurrence de l’Union europeenne: questions d’actualite et perspectives (V. Giacobbo & Chr. Verdure, editeurs), Larcier, Bruxelles, 2017, pp. 349 -383 (res judicata and primacy of EU law)
•Chronique de jurisprudence europeenne - Aides d’etat (2011-2015), Chapitre 1 - Les regles de fond, Cahiers de droit europeen, 2016/2, pp. 687 - 827 (a comprehensive review of the EU case law on State aid), with Marianne Dony
•Key Developments in State Aid Law - 2015 (with Mateo Domecq), Journal of European Competition Law & Practice, Oxford University Press, 2016, Vol. 7, No. 2, pp. 135-149
•Key Developments in State Aid Law - 2014 (with Jan Blockx, Sofia Doudountsaki & Jaime Rodriguez-Toquero), Journal of European Competition Law & Practice, Oxford University Press, 2015, Vol. 6, No. 3, pp. 210-217
•Recent Developments in State Aid Law - 2013 (with Peter Citron, Mateo Domecq and Tom Mylrea-Lowndes), Journal of European Competition Law & Practice, Oxford University Press, 2014, Vol. 5, No. 1, pp. 53-61
•Chronique Aides d'Etat - Application des regles sur les aides d'Etat dans des affaires concernant la Belgique (juridictions belges et europeennes, Commission europeenne) - Annees 2011-2013 (with Jan Blockx), Tijdschrift voor Belgische Mededinging - Revue de la Concurrence Belge (TBM-RCB), 2014-4, pp. 301-334
•Round up of EU Competition Law Developments - 2012 (with Peter Citron), Journal of European Competition Law & Practice, Oxford University Press, 2013, Vol. 4, No. 2, 192-198
•Recovery of Unlawful State Aid and Determination of Beneficiaries: Guidance for National Courts, Journal of European Competition Law & Practice, OUP, Vol. 3, No. 5, 2012 (case comment on the Residex ruling of the Court of Justice of the European Union of 8 December 2001)
•Chronique de jurisprudence europeenne - 2008-2010 - Aides d’Etat, Cahiers de droit europeen, 2012/2, pp. 679-765 (a comprehensive review of the EU case law on State aid), with Marianne Dony
•La recuperation des aides illegales et incompatibles - Un tour d'horizon selectif de la jurisprudence europeenne depuis la communication recuperation de 2007 de la Commission europeenne, Concurrences, n 1/2012, pp. 73-86
•The Scope of Judicial Review in EU Economic Cases, in Proceedings of the 2010 Annual conference of the GCLC on EU Judicial Review, Bruylant, 2012, pp. 73 - 83
•Round up of key EU competition developments - 2011, Journal of European Competition Law & Practice, Oxford University Press, Vol. 3, No. 2, 2012, pp 217-222

Books

Since 2012:

•Le concept de “beneficiaire” en matiere de recuperation d’aides d’Etat illegales et incompatibles (The “beneficiary” concept in the recovery of unlawful and incompatible State aid) published in “L’Europe au kaleidoscope”, Liber Amicorum Marianne Dony, Editions de l’Universite de Bruxelles, 2019
•Introduction (2019 edition) to State Aid Know-How, Global Competition Review (GCR), Jacques Derenne & Dimitris Vallindas (co-authors), 2019
•Belgian Chapter in Getting the Deal Through: State Aid 2019 (with Dimitris Vallindas), 2019
•Introduction (2018 edition) to State Aid Know-How 2018, Introduction (with Dimitris Vallindas) Global Competition Review (GCR), September 13, 2018, pp. 2-9
•Belgian Chapter in Getting the Deal Through: State Aid 2018 (with Dimitris Vallindas), 2018, pp.14-22
•State aid chapter in European Commentary Law, A Case Commentary, Second Edition, W. Verloren van Themaat & Berend Reuder, co-eds, Elgar Commentaries, 2018, pp. 1024, spec. pp. 216-290
•Belgian Chapter in Getting the Deal Through: State Aid 2017 (with Dimitris Vallindas), pp. 1-7
•Antitrust damages in EU law and policy, Global Competition Law Centre (GCLC), College of Europe, GCLC Annual Conference Series n 5, Jacques Derenne, Eric Morgan de Rivery & Nicolas Petit (co-editors) and author of the introduction, Bruylant, 2015, pp. 185
•Sourcebook on EU Competition Law 2015, (State aid chapter) in Les Codes thematiques Larcier, 5th Ed. 2015
•European Competition Law. A Case Commentary, State aid chapter, Verloren van Themaat Weijer and Reuder Berend (eds), Edward Elgar Publishing, 2014, pp. 870
•Competition Law in times of Economic Crisis: in Need of Adjustment?, Global Competition Law Centre (GCLC), College of Europe, GCLC Annual Conference Series n 4, Massimo Merola, Jacques Derenne & Jose Rivas (co-editors), and coordinator of the Chapter on “State aid and the financial crisis”, Bruylant, 2013, pp. 649
•The Role of the Court of Justice of the European Union in Competition Law Cases, GCLC Annual Conference Series n 2, Massimo Merola & Jacques Derenne (co-editors), and author of “The Scope of Judicial Review in EU Economic Cases”, Bruylant, 2012, pp. 250

Global Trade Law Blog Posts

• 2018 EU Trade, Regulatory and Competition Trends, February 8, 2018

Antitrust Law Blog Posts

• COVID-19 is Not a “Get Out of Jail Free Card” from EU Competition Law, March 24, 2020

• COVID-19 Outbreak and Adjusted EU State Aid Control, March 23, 2020

• International Arbitra tion, Investment Protection and EU State Aid Rules: the General Court of the EU Annuls the European Commission’s State Aid Decision in the Micula Case, June 24, 2019
• Loan Syndication and EU Competition Law, December 17, 2018
• Top 12 EU Legal Developments to Watch in 2017, January 23, 2017
• Brexit, Here We Come (or Go), June 24, 2016

Media Mentions

•EC state aid approach to Covid-19 reflects lessons learned from financial crisis
PaRR, 03.26.2020
•Romania Can Pay $250M Arbitral Award, EU Court Says
Law360, 06.18.2019
•General Court Belgian Tax Decision Draws Limits on EC ‘Scheme’ Definition
PaRR, 02.22.2019
•EU court's state aid ruling unlikely to affect Apple case, lawyers say
GCR, 02.15.2019
•Vestager suffers setback (but not disaster) in Belgian tax verdict
Politico, 02.14.2019
•Belgium tax break for BP, others, upheld by EU court
Reuters, 02.14.2019
•Luxembourg didn’t give McDonald’s illegal state aid, commission finds
Global Competition Review, 09.19.2018
•State Aid Know-How 2018
Global Competition Review, 09.13.2018
•EC Set to Propose Simplified State Aid Rules for Co-funding
PaRR, 04.19.2018
•CMA Gets State Aid Control After Brexit
Global Competition Review, 04.05.2018
•UPS Sues Over Deal Block
Global Competition Review, 02.26.2018
•2018 EU Competition & Regulatory Trends
Sheppard Mullin EU Competition Alert, 01.24.2018
•Silicon Valley’s Miserable Euro Trip Is Just Getting Started
Bloomberg Businessweek, 10.19.2016
•Apple tax appeal to focus on EU ‘U-turn’
Business Post, 09.30.2016
•Apple, Irish Said to Claim EU Kept Them in Dark Over Tax
Bloomberg Technology, 09.30.2016
•DG Comp puts Appel on the hook for 13 billion
Global Competition Review, 08.30.2016
•Brexit negotiations likely to deal with EU court control
PaRR, 07.26.2016
•Real Madrid Ordered to Repay More than $22M Due to Unfair Tax, Profit
CCTV, 07.07.2016
•Interview on the Recovery of 440M of Unlawful State Aid from SNCM
BFMTV, 07.09.2014

Speaking Engagements

•Concurrences' Quarentine Webinar Series: State Aid in the COVID-19 Context, Paris, April 14, 2020
•Chaired the ERA Annual State aid conference and presented on EU Case Law Developments, Trier, Germany, November 14-15, 2019
•KNect365 International Tax Litigation Conference, presented on EU State Aid and Taxation, London, October 16, 2019
•Held EU competition law training seminars (ERA, supported by the European Commission) for French, Luxembourg and Belgian judges on EU State Aid Law Principles for National Courts, Paris (September 6, 2019), Brussels (September 27, 2019)
•KNect365 State Aid Litigation Conference, Recovery of Aid and other Procedural Developments, Brussels, July 4, 2019
•AFEC (Association Francaise d’Etude de la Concurrence (AFEC) seminar), The Micula case and the interaction between investment protection arbitration and EU law, Paris, July 3, 2019
•Chillin’ State Aid Workshop, Selectivity and Advantage, Brussels, June 14, 2019
•EStALI Interactive Forum on European State Aid Law, The obligation to open the formal investigation procedure (is the Commission’s interpretation of “serious doubts” in line with that of the EU Courts?), Vienna, June 7, 2019
•IXAD (University of Lille), State aid, Lille, June 6, 2019
•109th Global Competition Law Centre, College of Europe Lunch Talk, Commentated on Carole Maczkovics’ presentation on Competition enforcement priorities for the next European Commission: What should the next five years bring in antitrust, merger control and state aid?, Brussels, May 27, 2019
•ERA, State Aid Litigation Conference, Enforcement of State aid law in national courts proceedings, Brussels, May 24, 2019
•AFEC (Les droits de la concurrence d’une reforme a l’autre) at the Association Francaise d’Etude de la Concurrence seminar, Selected developments in EU State aid law, Paris, May 23, 2019
•University of Lille (IXAD), State aid, Lille, May 17, 2019
•Florence School of Competition Online Debate: The GB Capacity Market Standstill: What is Happening and Why?, Webinar, Investigating the Impact of the Tempus State Aid Judgment, April 17, 2019
•Comp Law at Knect365 Law, State Aid Developments, Brussels, April 9, 2019
•University of Lille (IXAD), Procedure of preliminary reference from national courts to the Court of Justice of the European Union, Lille, February 8, 2019
•14th Annual Conference of the GCLC, The State aid system of remedies: distinction between prospective and restorative remedies, Brussels, January 31st, 2019
•Paris Commercial Court, Entretiens de la concurrence, L'organisation du proces devant le Tribunal de commerce (Belgique), November 23, 2018
•ERA, Annual Conference on European State Aid Law 2018, Chairman and speaking on State aid post-Brexit: quo vadis? & Practical impact of recent case law: challenges for national administrations, courts and undertakings, Trier, November 8 and 9, 2018
•Knect365 International Tax Dispute Resolution & Litigation Summit 2018, State aid and tax rulings, London, October 9, 2018
•Brussels Summer School on EU Competition Law, General Introduction, Origins, Sources, Notion of Aid (general), Administrative Procedure and Role of National Courts, Brussels University, September 8, 2018
•Knect365 State aid, Brexit: What is the future of State aid in the UK? Brussels, July 5, 2018
• Prospect of Brexit and EU Competition Law, 100th GCLC Lunch Talk, May 22, 2018
•ERA, EU State aid Litigation Public & private State aid enforcement, Brussels, May 18, 2018
•IADC (International Corporate Counsel College), 21st Century Government: Friend or Foe? How to work with it and around it, Follow-up on follow-on actions (implementation of the EU damage directive), Amsterdam, November 10, 2017
•ERA, Annual conference on European State aid law, Chairing the conference and speaking on the Role and impact of State aid rules in the Brexit negotiations: implications from the EU and UK standpoints, Trier, November 9, 2017
•ASAE (Association pour le suivi des aides d'Etat), Les droits des entreprises beneficiaires d’aide d’Etat: dysfonctionnements et best practices nationales, Droits du beneficiaires et interactions entre procedures juridictionnelles internes et procedures de la Commission europeenne, Paris, November 8, 2017
• The EU State Aid Law, New State Aid Law in Ukraine: Opportunities and Challenges, October 3, 2017
• State Aid and Tax Rulings: Is There Really a Competition Issue? New Frontiers of Antitrust 2017 Conference, June 26, 2017
•ERA, State aid proceedings and litigation, Recovery of unlawful and incompatible aid, Brussels, May 20, 2017
•Queen Mary University of London - Baker McKenzie Annual Conference, The EU State aid prohibition: a distortion of international competition? Speaking on export of EU State aid rules, Brussels, May 12, 2017
• Brexit: Effects in EU and Asia in Competition Law, 6th Annual Global Competition Law Summit, Hong Kong, April 26, 2017
•Silicon Valley Association of General Counsel, European Competition Law in the Nationalist Era: What You Need to Know at the Dawn of Divergence, April 21, 2017
•KULeuven - Studienamiddag “Staatssteun: de rechtspositie van steunverlenende overheden”: The passage from ex ante to ex post control: state of play, block exemption regulations and de minimis, Leuven, 31 March 2017
•Global Competition Law Centre (GCLC) of the College of Europe, The World Duty Free/Santander/Lubeck judgments of the CJEU: a welcome clarification or back to square one?, Selectivity and State aid, 88th lunch talk of the GCLC, Brussels, 6 March 2017
•French association for State aid monitoring (ASAE), French Business confederation (MEDEF), discussing State aid control in the EU in the context of globalization (international law, Brexit, Free Trade Agreement, Arbitration), February 20, 2017
•EBP & Sheppard Mullin, Marches publics et aides d’Etat, co-organising, chairing and speaking at the EBP Public Procurement Conference; speaking on the interaction between public procurement and State aid, Brussels, 13 December 2016
•Global Competition Law Centre (GCLC), College of Europe, chairing the 87th lunch talk of the GCLC - The Fate of Complaints in the post-Modernization Context: What Complainants Should Know, Brussels, 12 December 2016
•Master Class du Droit public de l'economie d'Assas, Universite Pantheon-Assas (Paris 2), concurrence et aides d'Etat (speaking on latest State aid developments in 2016), Paris, 8 December 2016
•GCR GCR Live State Aid, State aid in infrastructure investment (rail and road infrastructures), Brussels, 30 November 2016
•ERA, Academy of European Law, co-organizing and chairing the Annual State aid conference, Trier, Germany, 24-25 November 2016
•Cuckoo’s Nest/BootUp Ventures, Is Europe Still an Attractive Unified Market for U.S. Corporations? Successfully Expanding Into Europe, Palo Alto, 14 November 2016
•Stanford University, The Europe Center, The Future of Multi-National Corporate Taxation in the European Union -Impact of On-Going EU State Aid Investigations, Stanford, 14 November 2016
•Florence School of Regulation Energy Law Training, EU State Aid And The Energy Sector, Implications For Network Operators After The EEG State Aid Case, Brussels, 8 November 2016
•Global Competition Law Centre (GCLC), College of Europe, chairing the 85th lunch talk on Merger Control Series (3) - Post mortem: Pitfalls for remedies and their implementation, Brussels, 24 October 2016
•Global Competition Law Centre (GCLC), College of Europe, chairing the 82nd lunch talk on Selectivity on Trial: a Critical Discussion of Recent State Aid Developments, Brussels, 8 July 2016
•LIDC, International League of Competition Law, Financial Services and Competition Law, State aid Aspects: From Rescue To Restructure, Geneva, 7 October 2016
•ERA, Academy of European Law, Summer Course on State aid, Trier, 8 July 2016
•European State aid Law Institute (Estali), Workshop on Tax Rulings Under State Aid Scrutiny, Brussels, 10 June 2016
•ERA, Academy of European Law, State aid proceedings and litigation - Recovery of unlawful and incompatible aid, Brussels, 19 May 2016
•Chillin’Competition Conference, Into Uncharted Territory - Panel presentation on State Aid Brussels, 19 November 2015
•IBC Conference,Competition Law and Regulation in the Energy Sector 2015 - Recent developments in State Aid, Brussels, 17 November 2015
•ERA, co-organising, chairing and speaking at the Annual State aid conference - Tax rulings and State aid - Recovery of State aid, latest developments, Trier, Germany, 12-13 November 2015
•ERA, Summer course on competition law, course on State aid, Trier, Germany, 10 July 2015
•ERA, State aid proceedings and litigation, Recovery of unlawful aid, Brussels, 21 May 2015
•Association pour l'etude du droit de la concurrence (Belgian association for the study of competition law) - State aid modernisation, Brussels, 16 December 2014
•French National Assembly - Testifying as EU State aid expert before the Committee of Economic Affairs on the international dimension of EU State aid control in the context of the needs for innovation within the international competition between regions of the world, Paris, 10 December 2014
•ERA, Co-organising, chairing and speaking at the Annual State aid conference -Recent case law on notion of aid, role of national courts, impact of financial crisis State aid modernisation: the way forward, Trier, Germany, 13-14 November 2014
•Revue Concurrences, State Aid workshop on the new EU guidelines for rescue and restructuring aid, Brussels, 4 November 2014
•ERA, summer course on EU State aid rules at the ERA Summer Course on EU Competition Law, Trier, Germany, 11 July 2014
•Brussels School of Competition and Liege Competition and Innovation Institute (BSC-LCII) - Chairing a conference on commitments under EU competition law, Brussels, 5 June 2014
•French Association for the Study of Competition Law, AFEC, University of Versailles and the Paris Commercial Court -- La Reparation des dommages concurrentiels en France et en Europe: etat des lieux et changements a venir - Speaking on antitrust damages actions, and the new EU directive, Paris, 13 May 2014
•PubAffairs Bruxelles - Chairing a panel debate on the notion of aid (with Clemens Kerle, DG COMP and Bertrand Jehanno, French State) - Consultation on the draft notice on the notion of State aid launched by the Legal Service and DG COMP of the European Commission, Brussels, 4 March 2014
•Academic Teaching
•University of Liege (since 2006) - Le droit des aides d'Etat, LL.M on Competition and IP law
•Brussels School of Competition (since 2011) - The Law and Economics of State Aid (with Joachim Wiemann, DG COMP, European Commission and Vincent Verouden, E.CA Economics, former deputy Chief Economist for State aid, DG COMP)
•University of Lille (since 2015) - Teaching eleves-avocats (Lille Bar - IXAD Ecole des Avocats Nord-Ouest, Faculte de Droit) on the procedure of preliminary reference from national courts to the Court of Justice of the European Union

Events

•State Aid and Coronavirus- the UK and EU Perspective
04.30.2020

•Quarantine Webinar Series: State Aid in the COVID-19 Context
04.14.2020

•Brussels Summer School on EU Competition Law
EU Competition Law in Practice, 09.08.2018

•Brussels Summer School on EU Competition Law
09.07.2018

•100th GCLC Lunch Talk
Prospect of Brexit and EU Competition Law: Some Critical Issues for the European Commission's Agenda, 05.22.2018

•New Frontiers of Antitrust 2017 Conference
State Aid and Tax Rulings: Is There Really a Competition Issue?, Paris, France, 06.26.2017

• Breakfast with Europe Webinar Series
05.18.2017

• Breakfast with Europe Webinar Series
01.19.2017

• Breakfast with Europe Webinar Series
11.03.2016

•Why Multinationals Should Care about EU State Aid - Is it a Tax Break or a Competition Risk?
Sheppard Mullin Palo Alto, 01.19.2016