Bushell, Gavin

Gavin Bushell

Partner
Baker & McKenzie CVBA/SCRL

Biography

Gavin Bushell is a partner in the European & Competition Law Practice Group in Brussels, where he advises clients on EU competition, state aid and aviation law. He has more than 15 years of experience practicing competition law and is a frequent speaker at legal conferences, particularly on merger control matters. Gavin is individually ranked in Chambers & Partners Global - Belgium for Competition Law in Band 3, up from Band 4 in 2016. "Gavin is lauded by sources as "fantastic! Always one step ahead. A great communicator and pleasant to work with even under the greatest pressure." He is particularly well regarded in the field of merger control and is most experienced in the pharmaceuticals and aviation sectors." Previously Chambers reported: "Sources acknowledge Gavin Bushell's growing profile in the market, saying: "Gavin advised Abbott Laboratories on the USD 5.3 billion sale of its speciality pharmaceuticals business to Mylan. He is described as "extremely hard-working, energetic and solution-finding. He is a young and hungry person with whom it is pleasant and efficient to work." "He's a great competition lawyer and business generator." Clients appreciate the fact that he "took the time to understand our business structure, our operations and our standards." In March 2012, Gavin was named by Global Competition Review as one of the top 40 of the world’s leading competition practitioners under the age of 40 in its 40 under 40 survey. He was chairman of the Law Society, Brussels Competition Section from 2012 to 2015.

Practice Focus

Gavin focuses on EU competition and merger control law, and aviation law and regulation, and has acted for global companies in various sectors including aviation, banking, beverages, mining, parcel delivery services, recorded music, manufacturing, packaging and nuclear energy. He has broad experience in all aspects of merger transactions, international cartel and horizontal agreement investigations, state aid proceedings, Article 102 TFEU (abuse of dominance) investigations as well as representing clients in litigation before the General Court of the European Court of Justice in Luxembourg to challenge European Commission decisions. Mr. Bushell has advised and trained clients around the world on creating and implementing competition compliance training programmes.

Representative Legal Matters

  • Represented one of the largest German airlines and Brussels Airlines on the acquisition of Thomas Cook Airlines Belgium before several national competition authorities.
  • Represented Abbott Laboratories on its USD 5.8 billion acquisition of Alere Inc. before the European Commission to secure conditional Phase I clearance in the face of an active complainant.
  • Represented Lonza on its USD 5.5 billion acquisition of Capsugel before the European Commission to secure unconditional Phase I clearance.
  • Represented Safran on the sale of its Morpho Detection business to Smiths Group before the European Commission to secure conditional Phase I clearance.
  • Represented FedEx before the European Commission to successfully secure Phase II unconditional clearance of its EUR 4.4 billion acquisition of TNT Express after having represented FedEx before the European Commission to successfully challenge the UPS/TNT merger. Subsequently represented FedEx as intervener before the General Court in the UPS v Commission litigation.
  • Represented Abbott Laboratories before the European Commission to obtain conditional Phase I clearance of the sale of its Established Pharmaceutical Division in Development Markets to Mylan for USD 5.3 billion.
  • Represented Ergon Capital on the sale of Steel Partners/Joris Ide Group to Kingspan Plc, which was cleared by the European Commission in Phase I.
  • Represented Ingram Micro on the acquisition of Anov Expansion and obtained unconditional clearance in Phase I in a Simplified Procedure within 17 working days.
  • Represented Aegean Airlines before the European Commission to obtain unconditional Phase II clearance of its acquisition of Olympic Air, a significant result given that the first merger attempt was prohibited in 2011.

Professional Associations and Memberships

  • Law Society of England & Wales - Member
  • Bureau de Bruxelles - E-List

Admissions

  • Brussels~Belgium (2002)
  • England & Wales~United Kingdom (2002)

Languages

  • English
  • French