Jacquelyn MacLennan
Biography
Overview
Jacquelyn MacLennan was based in our Brussels office before her retirement.
Prior to her retirement, she focused on EU competition law, and her clients benefited from her experience and insight in developing strategy and running major international cartel investigations. She also advised on complex distribution problems and licensing arrangements, abuse of dominance cases, mergers and joint ventures.
Experience
Toshiba—global proceedings—appeal to Court of Justice of the EU and current appeal to General Court
Jacquelyn is representing Toshiba Corporation in multijurisdictional proceedings concerning Gas Insulated Switchgear. This involved a successful appeal of the original European Commission decision fining Toshiba €90.9 million for participating in a global cartel to the European General Court—where the Court annulled in full the fine on Toshiba—and a further appeal to the Court of Justice of the EU. An appeal to the General Court is now pending of the new, lower, fine imposed by the Commission.
Major multinational—customs issue
Jacquelyn represented a major multinational in successful proceedings involving the World Customs Organization, European Commission, national customs authorities and national courts concerning the classification of insulated-gate bipolar transistors.
Toshiba—preliminary ruling to Court of Justice of the EU
Jacquelyn represented Toshiba in a seminal preliminary ruling to the European Court of Justice, which established the principles governing the scope for parallel proceedings by national competition authorities and the European Commission.
US chemicals multinational—customs matters
Jacquelyn advises a US chemicals multinational on a range of high-level customs matters, including rules of origin, tariff quotas and special customs procedures (such as temporary importation).
Toshiba—appeal to European General Court
Jacquelyn is representing Toshiba in an appeal to the Court of Justice of the EU of the Commission Decision in Cathode Ray Tubes (CRT) used for TVs and computer monitors, regarding the conduct of a JV for which it was held liable, having successfully had liability and a fine of €28 million quashed by the European General Court.
Multinational corporations—environmental issues etc.
Jacquelyn is advising major multinational corporations on environmental issues at EU and at national level, as well as handling compliance issues, including inspections by competent authorities, and product recalls.
Toshiba—appeal to Court of Justice of the EU
Jacquelyn represented Toshiba in an appeal to the Court of Justice of the EU against a Commission Decision finding a home market protection agreement in Power Transformers.
Speaker, "Sustainable Trade: EU Developments", White & Case webinar, 21 May 2021
Session chair, "Sustainability and competition law", 3rd UCL/White & Case Competition Law Conference, 22 April 2021
Speaker, Pro Bono Chambers Europe Awards 2021, Chambers & Partners, 22 April 2021
Judge, World Championship Semi-Finals, Philip C. Jessup International Law Moot Court Competition, 17 April 2021
Panel discussion leader, Edinburgh University Brussels Society Careers Day, 12 April 2021
Panel discussion leader, Philip C. Jessup International Law Moot Court Career Panel, 20 March 2021
Panel moderator, "Digital Antitrust Reforms in the EU and the US: What role for the courts?", Concurrences 2nd Digital and Competition Conference, 9 March 2021; Jacquelyn also interviewed Giovanni Pitruzzella (Advocate General, CJEU) for the conference (transcript available here)
Speaker, EU Environment, Social and Corporate Governance Regulatory Developments, including the EU Public Consultation on Sustainable Corporate Governance, CRLA Committee Meeting, 3 February 2021
Panel moderator, "A global standard for Mandatory Due Diligence: EU leadership towards a more sustainable world", European Justice Stakeholder Foundation's 5th plenary meeting, 3 December 2020
Speaker, "Brexit: How Hard Can it Be?", webinar, 1 December 2020
Panel moderator, "Collaboration & Cooperation in Time of Crisis", Advanced EU Competition Law: Competition Law in the Digital Era, Informa, 24 November 2020
Speaker, "Civil Liberties Under Attack: Protecting Privacy and Freedom of Expression", Thomson Reuters Foundation Trust Conference, 11 November 2020
Panel moderator, "Addressing Systemic Racism", PILnet Global Forum, 21 October 2020
Speaker, "What can, and should, the US and the EU antitrust authorities do about tech giants?", Concurrences panel discussion, Paris, 6 October 2020
Panel moderator, "Legal strategies challenging immigration detention: the preliminary reference procedure before the Court of Justice of the EU", PICUM webinar, 30 June 2020
Speaker, "The EU/UK Future Relationship after Brexit", webinar, 13 June 2020
Speaker, "Why people work for free? The Pro Bono phenomenon", Citizen Lobbyist podcast, 4 May 2020
EJSF – 4th annual plenary: moderated key panel discussion "Rights under threat – how can the EU Fundamental Rights Charter work better for citizens?", European Economic & Social Committee (EESC), 19 November 2019, Brussels
TRUST Conference "Digital rights: the new frontier of human rights?" 14 November 2019, Queen Elizabeth II Centre, London
"Chambers D&I Pro Bono Summit panel", fireside chat at the Chambers Diversity & Inclusion European Pro Bono Seminar, 6 November 2019, Amsterdam, Netherlands
"The challenge of ESG for EU competition law", IFLR, February 2021
"EU Competition Law and EU Charter of Fundamental Rights: An Evolving Partnership", foreword to E-Competitions Special Edition "ECHR & Competition law - an overview of EU and national case law", 3 December 2020 (with Bram Vereecken and Aron Senoner)
"The Constitutional Dimension of Case C-673/16 Coman on the Prohibition of Discrimination on the Basis of Sexual Orientation: The Role of Fundamental Rights in Interpreting EU Citizenship", Columbia Journal of European Law, Issue 2, Spring 2020 (with Angela Ward)
Citizenship and Incremental Convergence with Fundamental Rights, Case Note on Coman and Others (Case C-673/16 ECLI:EU:C:2018:385), Cambridge Law Journal, Volume 78 Issue 2, July 2019.
"Innocent until proven guilty – Five things you need to know about killer acquisitions", Comp Law, KNect365, 3 May 2019, (co-author with Tilman Kuhn and Thilo Wienke)
Vertical restraints in an online world: competition authorities gear up their enforcement approach in the digital economy, Competition Law Journal, Vol. 18, No. 1, April 2019 (co-author with J. Jeram and M. Israel)
Co-author, European Union chapter, The Environment and Climate Change Law Review, 3rd edition, 2019 (co-author with Tallat Hussain)
European Union chapter, Getting the Deal Through – Risk and Compliance Management, 17 June 2017, (co-author with Stuart Willey)
The Great Repeal Bill – examining the impact on UK international trade, Lexis®PSL, May 22, 2017
Competition Law in China – an ant on the move?, The Lawyer, May 2012
EC Competition Law Developments, Oxford Yearbook of European Law, 1997–1998, 1999–2000, 2001–2002, 2003–2004, 2005–2006, 2007–2009, 2010, (co-author)
Chambers Europe Awards 2022, Commended, (Private Practice) Diversity & Inclusion: Outstanding Contribution
Women in Antitrust 2021, Global Competition Review
Who's Who Legal: Competition, 2019
Leading Lawyer: Competition/European Law — Belgium, Chambers Europe 2019
Recommended: Competition: EU and global – Belgium, Legal 500 EMEA 2019
Recommended: Customs, trade, WTO and anti-dumping – Belgium, Legal 500 EMEA 2019
Leading Lawyer: Environment: EU Regulatory — Europe-wide, Chambers Europe 2019
Top Ten Innovative Lawyers in Europe – FT Innovative Lawyers 2018
100 Elite Women in Antitrust, Global Competition Review 2016
Best in Competition & Antitrust, Euromoney Women in Business Awards – Europe, 2016 and 2017
Recommended: Not-for-profit – Belgium, Legal 500 EMEA 2018
Leading Lawyer: International Trade/WTO — Europe-wide, Chambers Europe 2017
Leading Lawyer: International Trade/WTO — Belgium, Chambers Europe 2017
Honorary Fellow, Europa Institute, University of Edinburgh
Best Business Anticompetitive Practices Article, 2012 Antitrust Writing Awards
Member of Chatham House
Member of the Environmental Law Network International (elni)
Member of IBA Pro Bono Committee and Human Rights Law Committee
Member of PILnet's Pro Bono Leadership Committee
Member of the ELI-FRA Business and Human Rights Project Team
