Ingrid Vandenborre

Partner, Antitrust/Competition at Skadden, Arps, Slate, Meagher & Flom LLP

Speaker

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 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 also was part of the Skadden team awarded M&A Deal of the Year at the IFLR1000 Europe 2020 Awards for its representation of Gilead Sciences, Inc. in its US$5.1 billion transaction with Galapagos NV. 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. She currently serves as nongovernmental adviser to the intergovernmental International Competition Network.

Ms. Vandenborre has significant experience in Article 101 and 102 issues in relation to cartel arrangements, as well as vertical and competitive agreements and alleged abuse of dominance. Relevant representations include:

• Aspen Pharmacare Holdings in relation to EU Commission allegations of excessive pricing. The EU Commission has expressed an intention to accept proposed commitments in the matter, which, if confirmed, would end the investigation without an infringement finding on the part of Aspen;
• Kuoni and Thomas Cook in relation to the EU Commission’s investigation of geo-blocking clauses that provided for different hotel accommodation conditions depending on the location or residence of the traveler. The EU Commission ultimately suspended its investigation in relation to both Thomas Cook and Kuoni without penalty, with the investigation resulting in an infringement finding only against Melia;
• Black Diamond Capital Management, L.L.C., along with InvestIndustrial, in their US$425 million acquisition of the phenolic specialty resin, hexamine and European forest products resins businesses of Hexion Inc.;
• GE in relation to allegations of anticompetitive practices in the maintenance and repair of commercial aircraft engines by CFM International, a GE joint venture with Safran Aircraft Engines following a complaint to the EU Commission by the International Air Transport Association (IATA). Following a successful resolution of IATA’s concerns through a settlement agreement, IATA withdrew its complaint and the EU Commission closed its inquiry;
• Xperi and Auro in relation to a complaint with the EU Commission regarding Dolby’s post-processing policy. After discussions with the commission, Dolby withdrew all limitations that it placed on the use of third-party post-processing technologies;
• ABB in its successful appeal before the European Court of Justice against the EU Commission’s power cable cartel decision that had been confirmed by the General Court;
• GUK, a Mylan entity, in relation to the EU Commission’s investigation of the company’s patent settlement agreements with Lundbeck, and in the subsequent appeal of the EU Commission decision before the General Court. Ms. Vandenborre is currently handling the appeal against the General Court’s judgment, which upheld the EU Commission’s decision, before the Court of Justice of the EU; and
• UniCredit, in relation to the EU Commission investigation of an alleged cartel violation in relation to European government bonds.

Ms. Vandenborre also has a significant merger control practice, extending to the EU Commission and the U.K. Competition and Markets authority. Examples of Ms. Vandenborre’s recent merger control work include advising:

• Electronic Arts Inc. on the antitrust aspects of its US$1.2 billion recommended cash offer for Codemasters Group Holdings plc.;
• PayPal Holdings, Inc. in its US$4 billion acquisition of Honey Science Corporation;
• Visa Inc. in its proposed but terminated $5.3 billion acquisition of Plaid Inc.;
• ABB Ltd with the antitrust aspects of its US$7.8 billion sale of a 80.1% stake in its Power Grids division to Hitachi, Ltd.;
• Stryker Corporation in its US$5.4 billion acquisition of Wright Medical Group N.V.; and
• NXP Semiconductors N.V. in its proposed but terminated $47 billion acquisition by Qualcomm Incorporated.