Troch, Simon

Simon Troch

Associate

simon.troch@lw.com
    Troch, Simon

    Simon Troch

    Associate

    simon.troch@lw.com

    Profile

    Simon Troch is an associate in the Brussels office of Latham & Watkins and a member of the firm’s Global Antitrust & Competition Practice. Simon’s practice focuses on all aspects of Belgian and EU competition law in the broadest sense (abuse of dominance, cartel matters, foreign subsidies, foreign direct investment, merger control proceedings, private damage claims, and State aid), and EU law in general (food regulations, access to documents, damages claims vis-à-vis EU institutions, etc.).

    As a litigator, Simon has extensive experience representing clients in the most complex litigious matters before the EU courts in Luxembourg. He has represented clients before both the General Court (GC) and European Court of Justice (ECJ), and dealt with all types of procedures (regular, expedited, interim relief, interventions, cost claims, etc.). In this context, Simon was part of the Latham team that achieved a landmark victory before the ECJ in the GRAIL case (C-625/22 P) leading to the ECJ invalidating the European Commission’s unlawful assertion of jurisdiction over transactions not meeting the EU or any national merger control thresholds. The Latham team’s extensive assessment of the EU Merger Regulations’ travaux préparatoires (i.e., the preparatory works) played a key role in the ECJ’s decision to overturn the GC judgment.

    Simon’s experience covers several industry sectors including pharma, food, security, mining, maritime transport, and basic industries.

    In addition, Simon holds a teaching role at the Université de Liège ( Uliège) where he focuses on teaching legal writing, oral pleading, and merger control, and is responsible for the coaching of the Uliège’s moot court teams participating in pleading competitions concerning EU law such as the European Law Moot Court (ELMC). Simon also frequently writes on a broad range of topics related to competition and EU law.

    Prior to joining Latham, Simon worked as antitrust associate at other leading international law firms in Brussels.

    Experience

    Simon’s representative experience includes advising:

    Litigation

    • Represent medtech company GRAIL in over five cases before the GC and ECJ. The cases concerned Commission decisions applying for the first time Article 22 EU Merger Regulation (EUMR) in relation to a transaction not triggering the EU or any national merger control thresholds, prohibiting for the first time a concentration purely on vertical concerns, imposing interim and restorative measures pursuant to Article 8 EUMR, and imposing a gun-jumping fine. The cases resulted in a landmark victory with the ECJ’s invalidation of the Commission’s unlawful assertion of jurisdiction over transactions not meeting the EU or any national merger control thresholds.
    • Represent one of the airlines involved in the air cargo investigations before the ECJ, and a damage / interest case related to annulment of the initial Commission decision in that case.
    • Represent a food company in the first ever appeal against a Commission decision refusing to renew the authorization of smoke flavouring primary products under the Smoke Flavouring Regulation.
    • Represent Broadcom in its appeal against the Commission’s first use of interim measures in an antitrust case under Regulation 1/2003.
    • Represent an airline before the ECJ in its appeal against a GC Judgment confirming a Commission decision granting permanent slot rights under merger related commitments.
    • Represent a shipping company in its appeal against a Commission decision blocking proposed transaction.

    Non-litigious

    • Siemens Healthineers in its US$16.4 billion acquisition of Varian Medical System (conditional Phase I EU clearance).
    • Represent various clients to obtain Belgian foreign direct investment clearance.
    • An entertainment company in a merger investigation by the Belgian competition authority. 
    • SABIC in obtaining global merger clearances for the creation of a joint venture with Exxon-Mobil for the production of ethylene and ethylene derivatives*
    • Komatsu Ltd. in obtaining global merger filings for its US$2.9 billion acquisition of mining equipment company, Joy Global*
    • A multinational company in an EC Art. 101 investigation*
    • A client on abuse of dominance issues related to standard essential patents*
    • A supplier of market intelligence information in relation to an investigation into alleged abuse of dominance, including margin squeeze and refusal to supply*
    • An online trading platform with setting out a compliance framework*
    • A shipping company re the settlement of various private damages claims*

     

    *Matter handled prior to joining Latham

    Qualifications

    Bar Qualification

    • Brussels Bar - A List

    Education

    • LLM, University of Liège, 2015
    • Master of Laws, Katholieke Universiteit Leuven, 2014

    Languages Spoken

    • Dutch
    • English
    • French

    Practices

    Industries

    Recognition

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