Lars Kjølbye

Lars Kjølbye is a partner in the firm's Brussels office, with broad experience in EU competition law.

Mr. Kjølbye’s practice focuses on complex cases in the areas of abuse of dominance, restrictive practices, and merger control.  He has extensive experience across a number of industry sectors including software, electronics, energy, aviation, pharmaceuticals, telecommunications, media, banking, sports, and consumer products.  Mr. Kjølbye has practiced in Brussels since 2008.

Mr. Kjølbye spent ten years at the European Commission’s Competition Directorate General (“DG Competition”) including heading the energy and environment antitrust unit from 2006 to 2008.  Under Mr. Kjølbye’s leadership, the unit undertook a comprehensive inquiry of European gas and electricity markets and contributed extensively to the Commission’s proposals for a third energy liberalisation package.  The unit also prosecuted several important abuse of dominance cases under Article 102 of the European Treaty addressing issues raised in the sector inquiry.

From 2003 to 2006 Mr. Kjølbye was deputy head of the case scrutiny and support unit of DG Competition, responsible for assisting case teams with economic and legal analysis, formally reviewing initial case reports, statements of objection and draft decisions and assisting the Commission’s Legal Services unit with respect to cases pending before the EC courts.  From 1999 to 2003 Mr. Kjølbye was part of a small team that drafted Regulation 1/2003, which established a new procedural framework for applying Articles 81 and 82.  In addition, Mr. Kjølbye drafted the guidelines on the effect on trade concept, the guidelines on technology transfer agreements and the guidelines on the application of Article 101(3) of the Treaty.  From 1997 to 1999 Mr. Kjølbye worked in the pharmaceuticals and consumer goods unit as a case officer.

Before joining DG Competition, Mr. Kjølbye served as a referendaire at the European Court of Justice.

Representative Matters

• European Liner Affairs Association in the European Commission’s Review of the Conference Block Exemption and the Consortia Block Exemption.  Served as counsel for the European Liner Affairs Association, grouping the world’s 21 leading liner shipping companies, concerning all aspects of the European Commission’s review of the Conference Block Exemption.  Following abolition of the aforementioned Conference Block Exemption after an unprecedented five-year regulatory review, achieved a replacement regime in the form of EC Guidelines (ongoing).
• Microsoft in the European Commission’s investigation in relation to the alleged tying of Internet Explorer with Microsoft’s Windows Operating System.
• Slovak Telekom in proceedings that the Commission opened against the company concerning alleged refusal to deal and margin squeeze in the Slovak broadband sector.
• Qualcomm Inc. in the Commission’s investigation regarding complaints lodged by Nokia, Ericsson, NEC, Panasonic, Texas Instruments and Broadcom, alleging that Qualcomm abused a dominant position by engaging in a number of practices relating to the licensing of wireless telecommunications technology and the sale of chipsets.
• Electricité de France SA (EDF) in the £12.5 billion acquisition of British Energy.
• Czech electricity generator ČEZ in an investigation by the European Commission into alleged abuse of dominance on the Czech electricity generation and wholesale market. 
• Norwegian ferry operator Color Line in abuse of dominance proceedings brought by the EFTA Surveillance Authority.

Honors and Rankings

• Chambers Global, Competition/European Law (Belgium) (2010-2012)
• Chambers Europe, Competition/European Law (2010-2012)
• PLC Which Lawyer? EU Competition/Anti-Trust (2012)
• Legal 500 EMEA, Competition - Belgium (2010-2011)

Publications and Speeches

• "EU Competition Law Enforcement in the Gas Sector," 18th Annual BBSPA Conference (5/3/2012)
• "Tying and Bundling," IBC Legal’s Dominance & Pricing in Europe (3/22/2012)
• "Dominance in High Tech: Cloud Wars," IBC Legal’s 20th Anniversary Event on Advanced EU Competition Law 2011 (11/22/2011)