Photo of Wim  Vandenberghe

Wim Vandenberghe

Partner
Brussels
T: +32 (0)2 290 7908
F: +32 (0)2 290 7978

Education

  • LL.B., Katholieke Universiteit Leuven, cum laude
  • LL.M., The University of Edinburgh, 2002, cum laude
  • LL.M., The University of Dundee, Centre for Energy, Petroleum and Mineral Law and Policy, 2002
  • Brussels
Overview
Honors
Experience
Publications & News
Memberships

Wim Vandenberghe is a partner in the EU Competition & Regulatory Practice Group in the firm's Brussels office.

Areas of Practice

Mr. Vandenberghe focuses his practice on EU regulatory, energy and competition law.

Mr. Vandenberghe’s experience in EU regulatory law includes advising on sector-specific regulation, particularly for consumer electronics, medical devices, industrial equipment, chemicals and pesticides, food, tobacco, natural resources and waste industries. He also advises on a broad range of EU regulatory and compliance issues that affect market access and cross-border trade of products, including authorizations, package labeling, safety and environmental standards and CE marking.

In the energy industry, Mr. Vandenberghe represents gas and electricity grid operators, investors, power producers and large energy consumers. He advises on regulatory law matters, including TPA, unbundling, tariffs, investment structuring, network rules and licenses, and he also represents clients in fossil fuels and renewable energy contracts and projects, EU energy liberalization packages, and climate change and emissions trading matters. He has been recognized as a leading energy lawyer by independent legal directory Legal 500 EMEA, which noted his “wealth of experience in the regulation of fossil fuels and renewable energy” and “his expertise in EU energy liberalisation packages and issues relating to climate change”.

Mr. Vandenberghe also maintains an active competition law practice, and he has served as antitrust counsel on a range of matters, including anti-competitive business practices, abuse of dominance and state aid issues.

He is a guest lecturer for the Competition Law and Regulated Network Industries LL.M. at King’s College in the UK, and is a fellow at K.U.Leuven’s Law Faculty (department of European and international law), Belgium.

  • Leading Lawyer, Energy Guide 2016, Expert Guides
  • Legal 500, EMEA: EU Regulatory > Energy, 2012-Present

Deal Experience:

EU Regulatory

  • Advised a US manufacturer of medical devices faced with a possible restriction to further sell devices in Europe following alleged health and safety claims made by a national regulator
  • Conducted a review on behalf of a major US transporting company with its obligations under EU waste law in respect of a system of reverse logistics for electronic consumer goods
  • Advised a Japanese automotive parts supplier on the EU End-of-life vehicle Directive
  • Advised a manufacturer of electronic evaluation boards for compliance under sector-specific environmental rules and standards
  • Assisted a South American chemicals, plastics and textiles manufacturer to preserve the value of emissions credits for the company’s HFC-23 destruction projects
  • Advised a major tobacco manufacturer with regard to governmental imposed sales limitations (retail, advertisement) and their lawfulness under EU directives and free movement principles
  • Assisted an agro-chemical company in elaborating a regulatory and litigation strategy (both at EU and a national Member States level) to combat illegal parallel imports into the EU which do not fulfill the regulatory requirements concerning the placing of pesticides on the market

Energy

  • Advised several gas and power transmission grid operators on a regular basis regarding various business issues such as structuring of investments, interconnections, balancing, capacity trading, rates, market design, unbundling, network codes, exemptions, compliance
  • Assessed on behalf of a major utility company the validity of a long-term LNG import and gas swap contract under EU gas liberalisation and commercial law in order to re-negotiate the agreement
  • Advised a power plant in Eastern Europe with the construction and operation of new power generation facilities (drafting and negotiation of standard documentation such as JVA, SHA, PPA, supply contract)
  • Assisted a South-American oil company with the UNFCCC registration of a project that uses associated gas for on-site power generation to supply the power demand of the oil field operations and thereby reduce GHG emissions
  • Advised a central Asian power grid company to determine the appropriate monetary compensation for its operations in the context of an IPO
  • Assisted developers and funders on onshore and offshore wind farm projects, biomass     projects, CHP and roof mounted solar PV schemes, including advising on available     governmental support mechanisms
  • Advised an Asian investment bank with its possible investment in a gas pipeline which runs from Russia through the Black Sea to Europe.

Competition

  • Assisted a client in the energy sector in legal proceedings before the European Commission for alleged cartel behaviour, which was concluded without the imposition of penalties
  • Advised an airline company with regard to follow-on damages claim in the UK
  • Assisted a major steel company in settling longstanding dispute in relation to alleged EU state aid payments to an Eastern European production plant
  • Advising a global insulation company on a wide-range of business issues such as pricing strategies, distribution and territorial limitations, JVs, licensing, compliance, etc
  • Advised companies in various industries regarding possible distribution issues with online sales, resale price maintenance, territorial restrictions, minimum/maximum quantity requirements, agency arrangements, licensing, etc
  • Lodged a complaint before the European Commission against unlawful tendering by a government-owned competitor in the area of fuel distribution
  • Advised a railway company with antitrust and commercial law issues regarding the distribution of international rail tickets for high-speed trains

Articles

  • “Capacity mechanisms in Belgium”, in Capacity mechanisms  in the EU energy market, Oxford University Press (2015)
  • Competition [mededinging], in Wet en Duiding, Economisch Recht, Deel 2 Mededinging, Larcier (2013)
  • “Investing in European Regulated Gas Infrastructure: a Favourable Legal Environment?” Gas Regulation 2012 Guide, ICLG (2012)
  •  “Handbook on Multijurisdictional Competition Law Investigations - Belgium,” ABA Handbook on Multijurisdictional Competition Law Investigations (2011)         
  • “European Union”, Chapter in Gas Regulation 2011, Getting the Deal Through (2011)
  • “EU rules concerning Energy and Investment after the Lisbon Treaty”, European Energy Law Report VIII, Roggenkamp (Ed.), Oxford University Press (2011)
  • “Belgian Cartel Enforcement”, Cartel Enforcement Worldwide, London, Cameron May (2010)
  •  “Sharing data in the energy sector: what companies can, cannot and should do under competition law”, Oil, Gas and Energy Law Intelligence, Issue 1 (2010)
  • “Maximumprijzen in de energiesector: een mededingingsrechtelijke analyse”, Tijdschrift voor Belgische Mededinging / Revue de la concurrence belge, [the use of maximum prices in the energy sector] (2008)
  • ‘Developments in European Court of Justice case-law – 2008’, Yearbook of International Environmental Law – 2008 (vol.19), Oxford, Oxford University Press, 2009, 630-642  (with Geert van Calster) (also contributed in 2005 and 2004)
  • Chapter 'Waste' in Law of the European Union,     Oxford University Press, loosleaf: David Vaughan and Aidan Roberston eds., 2008, 220p (with Geert van Calster)
  • “Preserving biodiversity in Europe: an infringement-led approach”, Review of European Community and International Environmental Law (RECIEL), Oxford University Press, 2008;
  • “The (mis)use of the EU’s comitology procedure in the area of hazardous chemicals law”, RECEIL, Oxford University Press, 2008;
  • ‘Developments in EC Waste Law and Policy – 2006’, Yearbook of European Environmental Law - 2006, Oxford University Press, 2008, 489-510  (with Geert van Calster)
  • “Something for everyone in the judgment of the European court of justice in the German bottles saga”, RECIEL, Oxford University Press, 2005, Volume 14, p. 73 – 77 (met G. Van Calster);
  •  “The rules on Competition”, Energy law in Europe: National, EU and International Law and Institutions, Roggenkamp , Oxford University Press (2007)

Antitrust Law Blog Posts

Life Sciences Law Blog Posts

Books

  • Research Handbook on Climate Change Mitigation Law, Cheltenham: Edward Elgar, co-editor with G. Van Calster and L. Reins (2015)

Media Mentions

Speaking Engagements

  • "The European Court of Justice as the catalyst for a closer Union?", European Studies Institute, University of California, Berkeley, 17 November 2016
  • “The internal energy market jigsaw”, invited speaker at the European Policy Centre (EPC) conference on the Energy Union (Brussels, 11 May 2015)
  • “Shale gas”, invited speaker at St. Gallen International Energy Forum IEF (Switzerland, November 2014)
  • “EU State aid rules”, chair at the EU Energy Law & Policy Workshop, Florence School of Regulation (Oslo, September 2014)
  • “What’s the deal with fracking”, Bloomberg BNA Webinar (February 2014 and September 2012)
  • “Capacity market in Belgium”, speaker at the EU Energy Law & Policy Workshop, Florence School of Regulation (Florence, October 2013)
  • “Investments in green energy infrastructure: a legal perspective”, invited speaker at the College of Europe lunch seminar regarding energy law (Bruges, March 2013)
  • “Pan-European network codes and market design: opportunities and challenges for the gas industry”, invited speaker at the Balkan and Black Sea Petroleum Association’s workshop on gas regulation (Sofia, October 2012)
  • “The Regulation of the EU Internal Energy Market”, invited speaker at IBC Legal Conferences’ Energy Law Summer School 2011 (Cambridge, September 2011)
  • 'The Lisbon Treaty - New Rules concerning Energy and Investment', invited speaker at the European Energy Law Seminar (EELS) conference, Noordwijk aan Zee, the Netherlands, 12-13 April 2010.
  • ‘EC energy law developments’, invited speaker at IAPC annual board meeting, Brussels, 2 March 2009
  • ‘EC energy law developments’, invited speaker at the 4th European Forum for In-House Counsel, Academy of European Law (ERA), Brussels, 23-24 April 2009;
  • ‘Sustainable energy according to the EU’, invited speaker at conference day regarding sustainable energy, University of Amsterdam, 10 December 2009
  • Member of the Brussels Bar
  • Visiting lecturer, School of Law, King’s College, UK (since 2011)
  • Affiliated fellow, Law Faculty (Institute for International Private Law), K.U. Leuven, Belgium (since 2011)
  • Visiting lecturer, Campus Carolus (K.U. Leuven), Belgium (since 2013)