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Tim Kasten

Senior Counsel

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Overview

Tim Kasten specialises in EU competition law, with a particular emphasis on abuse of dominance and cartels, as well as distribution and licensing agreements. 

Tim routinely represents clients in investigations before the European Commission and in litigation before the EU Courts. He has also been called on to provide assistance to local counsel in proceedings before EU Member States and internationally.

Tim also routinely assists clients in ensuring that their agreements and unilateral practices comply with EU competition rules.

Clients he has assisted include Dole, Microsoft, Nike, Stora Enso, Thai Airways, the Association for Competitive Technology (ACT) and various automobile producers.

Languages

English

Recommendations

  • Legal 500 for Competition Law

Education

  • University of Oxford, M. Jur., 1999
  • University of Michigan, J.D., 1997
  • University of Wisconsin, B.A., 1993 

Publications

Contributor to Van Bael & Bellis, Competition Law of the European Community (fifth edition, Kluwer, 2010), the standard work of reference in the field of EU competition law.

“Federal Antitrust Guidelines for the Licensing of Intellectual Property”, (ABA, 2010).

“Microsoft on Trial: Legal and Economic Analysis of a Transatlantic Antitrust Case”, (Elgar, 2010), “Competition Law and the Enforcement of Article 102”, (OUP, 2010).

Van Bael & Bellis' monthly newsletter VBB on Competition Law. 

Bar Admission

Wisconsin
Brussels 

Expertise

Notable assignments

  • Representing Microsoft throughout the landmark proceedings that led to the 2004 European Commission abuse of dominance decision. On appeal, Tim helped the company obtain a partial annulment of that decision with respect to the Commission’s remedial powers. Subsequently, in Microsoft’s appeal for alleged non-compliance with the 2004 decision, Tim helped Microsoft obtain the largest fine reduction in any case involving abuse of dominance

  • Representing ACT, a trade association of more than 5,000 IT firms worldwide, in support of Intel’s challenge to the Commission decision imposing a record fine of €1.06 billion on Intel for allegedly granting rebates and payments conditional on exclusivity. The case has raised many novel issues, including burden of proof, the proper legal test for assessing fidelity rebates, the Commission’s duties when gathering evidence, and jurisdiction.

Publications and insights

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    • 26/01/2022
    • News

    Van Bael & Bellis successfully assists ACT in its intervention in support of Intel’s challenge to EU Commission abuse of dominance decision set aside by the General Court

    In a judgment issued today, the General Court of the European Union has annulled the part of the EU Commission’s decision of 13 May 2009 finding that rebates granted to Intel’s major OEM customers infringed Article 102 TFEU. The Court also annulled the fine of € 1.06 billion imposed on Intel. The appeal lodged by Intel against that decision had been dismissed by the General Court in a judgment of 12 June 2014. In a landmark judgment issued on 6 September 2017, the Court of Justice decided to set aside the General Court judgment and to refer the case back to the General Court with instruction to examine the evidence put forward by the Commission to establish the capability of the rebates at issue to restrict competition. The judgment issued today by the General Court sets aside the part of the Commission decision finding the rebates at issue as abusive within the meaning of Article 102 TFEU and annuls the fine of € 1.06 billion imposed on Intel. Throughout the successive proceedings before the General Court and the Court of Justice, Van Bael & Bellis has assisted the Association for Competitive Technology (ACT), a trade association representing more than 5,000 IT firms worldwide, in its intervention in support of Intel’s challenge to the Commission’s 2009 decision. ACT was represented in this matter by Van Bael & Bellis partners Jean-François Bellis, Kris Van Hove and Tim Kasten. Further details on the case can be found on the EU Court of Justice’s website.

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    • 11/09/2017
    • Articles

    ECJ issues landmark judgment on legal treatment of fidelity rebates granted by dominant companies and sets aside GC’s judgment in Intel

    Abuse of Dominance | EU - On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment.

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    • 06/09/2017
    • News

    Van Bael & Bellis successfully assists ACT in support of Intel’s challenge to abuse of dominance decision imposing €1.06 billion fine as EU Court of Justice sets aside judgment

    In a judgment issued today, the EU Court of Justice has set aside the judgment of the EU General Court of 12 June 2014, which affirmed the EU Commission’s decision of 13 May 2009 imposing a fine of € 1.06 billion on Intel for allegedly granting rebates and payments to customers conditional on exclusivity.

    Read more
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