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EU Competition

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EU competition

The European competition arena has seen some notable activity and developments in the last 12 months and firms notice a different flavour to the Commission under its new head Joaquín Almunia.

"Almunia is bright, very different from his predecessor, a more macroeconomic approach, spending more time on issues to resolve cases and the tone is very different, more pragmatic," says one partner. Consensus is that the commission has narrowed its focus but deepened its investigations into each case. Through 2010, the commission also implemented new settlement procedures and has been tweaking guidelines on collective redress, horizontal agreements and information exchange.

Merger activity was lower than in the past, though firms note that strategic mergers and acquisitions have been alive and kicking, while private equity only started to revive in mid-2011. Europe however saw some large and interesting M&A referred to the commission, notably McAfee's acquisition of Intel, International Power's joint-venture with EDF Energy, Merck's acquisition of Millipore, Sun Microsystem's acquisition of Oracle, Solvay's acquisition of Rhodia and the looming merger of the NYSE and Deutsche Borse.

The cartel side provided a lot of work, with EU Commission investigations into the air freight market, LCD screens, online search marketing, detergents and the banana market in particular producing a glut of cases.

Private damages claims have also produced a substantial amount of work. "Private enforcement and damage claims, it is only over last one or two years that these cases are starting to become really routine... over the last year I can't think of any cartel case we were involved in that did not have a private damage angle," says one peer.

The new settlement procedure was tested in a number of cases, namely by Toshiba, Infineon Technologies and NEC Corporation. Some partners argue that the incentive to settle still needs to be increased for the system to work properly. As it stands parties can achieve a 10% reduction in fines if they admit liability and settle, when in many cases this just is not worth it.

In the legal market itself, the dissolution of tier two ranked firm Howrey has been the biggest development. Partners have been distributed around the market benefiting a number of firms.

Cleary Gottlieb Steen & Hamilton

Cleary is consistently named as a clear leader in EU competition, with a handful of its partners regularly mentioned by the market, above all Antoine Winckler. "Winckler is an outstanding EU competition lawyer, spot on," says a peer.... [more]

Leading lawyers
Nicholas Levy
Robbert Snelders
Antoine Winckler

Freshfields Bruckhaus Deringer

Freshfields keeps its position in the top tier. "An excellent firm, breadth and depth everywhere," says a peer.... [more]

Leading lawyers
David Broomhall
John Davies
Frank Montag

Linklaters

Linklaters continues to be a market leader. Its global network, high profile mandates and quality of individuals continue to provide clients with top quality service.... [more]

Leading lawyers
Wolfgang Deselaers
Bernd Meyring
Gavin Robert
Gerwin van Gerven

Slaughter and May

"In my experience it is clear blue water between them and the others, they are much more proactive," says a client, while another adds: "They are innovative in the sense that they look for commercial solutions [and their] knowledge is excellent; unparalleled as far as firms go."The fact that it is not a global firm seems to give it some advantages: "They are the most flexible of the law firms that we deal with," says a client.... [more]

Leading lawyers
John Boyce
Claire Jeffs

Allen & Overy

Allen & Overy has an especially strong five-partner team in Brussels under Dirk Arts, within a global EU Competition team spanning 18 countries.Arts is described by one client as "very innovative and imaginative .... [more]

Leading lawyers
Philip Mansfield
Simon Pritchard
Michael Reynolds
Michel Struys

Ashurst

Ashurst's EU competition practice is led by Nigel Parr. "He is an outstanding lawyer, always calm, completely unflappable, knows everything inside out, really excellent - if I had a problem I would go to him," says a competitor.... [more]

Leading lawyers
Julian Ellison
Nigel Parr

Clifford Chance

Clifford Chance keeps its position in tier two this year. In 2010 the firm added a new partner in Alastair Mordaunt, a director at the UK's Office of Fair Trading (OFT), while John Osborne withdrew to a consultancy role.... [more]

Leading lawyers
Tony Reeves
Thomas Vinje

Gleiss Lutz

Gleiss Lutz's EU competition practice is spread between Stuttgart (the bulk of its merger team), Brussels (where the main state aid experts sit), Munich, Frankfurt and Düsseldorf. The firm has an especially strong track record with German clients, which has involved it in some of the highest profile state aid cases resulting from the financial crisis.... [more]

Leading lawyers
Stephan Aubel
Ulrich Soltész

Hogan Lovells

Hogan Lovells was formed in May 2010 following the merger of Hogan & Hartson and Lovells and the competition team has a global partnership of 45, growing by three over the past year. The firm has a number of key regular clients, among them Alstom.... [more]

Leading lawyers
Jacques Derenne

Latham & Watkins

"Very good people, broad practice, lots of jurisdictions, a lot of merger work, state aid and cartel: high quality," says a peer. One client recommends the firm saying: "Good communication, friendly, always available [and] very knowledgeable.... [more]

Leading lawyers
Marc Hansen
Javier Ruiz-Calzado

Skadden Arps Slate Meagher & Flom

Skadden's 20 strong global anti-trust group, with four EU competition partners in Brussels and Frankfurt, keeps its position in the second tier. In 2010 the group recruited Simon Baxter, a former head of competition at Clifford Chance, which, says a peer, "was a great boost to the team; he is excellent, very strategic and deserves a top rating".... [more]

Leading lawyers
Simon Baxter
Frederic Depoortere
James Venit

Van Bael & Bellis

The stars of Van Bael & Bellis' EU competition practice are Jean-François Bellis and Markus Wellinger.Clients appreciate Wellinger's availability and flexibility, his "many languages", "big presence in Germany", "direct way of communicating [and] highly skilled legal advice".... [more]

Leading lawyers
Jean-François Bellis
Markus Wellinger

White & Case

White & Case moves up a tier. The firm has an especially good reputation in cartel work, but also has a good track record in merger cases and state aid.... [more]

Leading lawyers
Mark Powell

Arnold & Porter

At the end of 2009 Arnold & Porter received a boost to its practice when it recruited two partners from Shearman & Sterling: Annette Schild and Silvio Cappellari. In June 2010, Schild led the firm on a highlight mandate representing German company BASF in EU merger procedures for its $3.... [more]

Leading lawyers
Marleen Van Kerckhove

Baker & McKenzie

Baker & McKenzie has had a very strong year, most notably in the cartel field where it had a string of high profile successes.Clients have been pleased.... [more]

Leading lawyers
Bill Batchelor
Fiona Carlin

Bird & Bird

Bird & Bird joins the rankings for the first time after recommendations by competitors. The firm's reputation has grown substantially since the recruitment of head of competition José Rivas in 2008 from McDermott Will & Emery.... [more]

Leading lawyers
José Rivas

Bonelli Erede Pappalardo

Bonelli Erede Pappalardo is the most established and leading Italian firm on the EU Competition circuit. "They work very hard to understand each project very well," says a client.... [more]

Leading lawyers
Massimo Merola
Claudio Tesauro

Bredin Prat

Bredin Prat's five-partner practice is based in Paris and Brussels and led by Marc Pittie. The firm is best known for merger work and is part of the 'best-friends' network which includes Slaughter and May, Hengeler Mueller, Bonelli Erede Pappalardo, Uría Menéndez and De Brauw Blackstone Westbroek.... [more]

Leading lawyers
Marc Pittie

Eubelius

The Belgian independent Eubelius has seen an increase in activity coming from Belgacom and BPost, with the Belgian competition authority (under former Allen & Overy partner Jacques Steenberg) getting noticeably more active and focussing on a smaller number of cases. The firm has been active on article 102 investigations and advising on the new leniency mechanisms.... [more]

Leading lawyers
Hans Gilliams

Garrigues

Garrigues is one of the top Spanish firms for EU competition. "They have a good sense for interweaving politics and law.... [more]

Leading lawyers
José Luis Buendía Sierra

Gibson Dunn & Crutcher

Gibson Dunn & Crutcher moves up in the rankings following strong praise across the market for the quality of its cartel practice."They are one to watch," says a peer, adding that recent recruit Andrés Font-Galarza, who joined the firm in March 2010 from Mayer Brown, "is really excellent".... [more]

Leading lawyers
Peter Alexiadis
David Wood

Gide Loyrette Nouel

Gide Loyrette Nouel's Paris and Brussels based team consists of over 30 practitioners led by Stéphane Hautbourg and Benoît Le Bret. The firm moves up a tier this year thanks to consistent positive feedback from the market, attesting to an active and quality practice.... [more]

Leading lawyers
Stéphane Hautbourg

Hengeler Mueller

Hengeler Mueller is one of the top two leading German firms. It is very highly reputed, advising the biggest German clients.... [more]

Leading lawyers
Hans-Jörg Niemeyer

Herbert Smith

UK based Herbert Smith is noted by the market as having a strong global network. "A slightly more international firm [than Slaughter and May], we often see them with clients from outside the UK," says one peer.... [more]

Leading lawyers
Craig Pouncey

Macfarlanes

Macfarlanes has a very strong presence before the UK's Office of Fair Trading (OFT) where between 2010 - 2011 it won some very notable cases. The firm is also involved in high profile work before the Commission.... [more]

Leading lawyers
Marc Israel

O'Melveny & Myers

One of O'Melveny & Myers' competitive advantages is the strong presence of its anti-trust practice throughout the firm's Asian offices, a strategy that recently helped secure a mandate by a Korean petrochemicals group in relation to a global cartel's investigation by the European Commission.Riccardo Celli and Christian Riis-Madsen led on all the firm's highlight roles.... [more]

Leading lawyers
Riccardo Celli

Salans

Salans is ranked primarily for its strength representing Russian clients for European commission merger notifications and in cartel investigations. In 2011, the firm added a high profile member to its team when it hired David O'Keeffe as senior counsel from Squire Sanders Hammonds.... [more]

Leading lawyers
Edward Borovikov

Shearman & Sterling

Shearman & Sterling is on the way up. The firm has just consolidated its team after losing (in 2009) Annette Schild and Silvio Cappellari to Arnold & Porter, and more recently adding a list of high flying Howrey partners: Götz Drauz, Trevor Soames (former co-chair of Howrey's global practice), Geert Goeteyn, Stephen Mavroghenis and Miguel Rato.... [more]

Leading lawyers
Götz Drauz
Hans Jürgen Meyer-Lindemann
Trevor Soames

Sidley Austin

Sidley Austin scores highly on client relations, commerciality and efficiency. According to one client, "they took it [all] in their stride and made themselves available at all times", while another says: "It has been a natural fit, when we want a firm in the UK we contact them.... [more]

Leading lawyers
Stephen Kinsella
David Went

Squire Sanders Hammonds

US firm Squire Sanders & Dempsey and UK firm Hammonds merged in November 2010 to create Squire Sanders Hammonds. The result in EU competition is that the firm has an eight-partner team based in Brussels, London, Frankfurt and Paris, as well as a strong global network.... [more]

Leading lawyers
Brian Hartnett

Stibbe

Stibbe's competition practice is boosted by its leading corporate practices in Amsterdam and Brussels and by its alliance with Herbert Smith and Gleiss Lutz.The team has had some changes.... [more]

Leading lawyers
Peter Wytinck

Uría Menéndez

Uría Menéndez is one of Spain's three leading EU competition firms. Partner Edurne Navarro led the firm on all its major mandates.... [more]

Leading lawyers
Edurne Navarro

Vinge

Vinge is one of the two premier Swedish independent firms in the competition field. "A very strong Swedish firm, extremely good in competition," says a peer.... [more]

Leading lawyers
Carl Wetter

Other notable - Dechert

Dechert has 25 competition partners in its global practice, with three based in Brussels. Isabelle Rahman leads the team in Brussels.... [more]

Other notable - Hannes Snellman

Hannes Snellman, the leading Finnish firm, is quickly becoming a strong force in Nordic terms. The firm recently recruited partner Peter Forsberg from Vinge to its Swedish office, as well adding a Cleary Gottlieb associate in Helsinki and former Goltsblat BLP counsel in Moscow.... [more]

Other notable - Morrison & Foerster

Morrison & Foerster added to its team in March 2011, with the recruitment of Tom McQuail from the now defunct tier two firm Howrey. The competition team is led by Rony Gerrits and consists of four partners and three associates.... [more]

Other notable - Peltonen LMR Attorneys

Peltonen LMR Attorneys, formed from a recent merger between Finnish firms Peltonen Ruokonen & Itäinen and LMR, was at the time of writing handling three cases before the EU commission. The team is led by Ilkka Leppihalme and Jukka Luostarinen.... [more]

See also

EU Competition

Practice areas