Antitrust & Competition

Transcription

1 Antitrust & Competition 2013

2 2 Antitrust & Competition 2013 Global Competition Review Elite law firm 2013 Allen & Overy LLP 2013

3 3 Combining global presence and perspective with local experience and expertise We are known as one of the top antitrust practices in the world and have acted in some of the most high-profile cases in recent years. Our team consists of more than 100 specialist antitrust lawyers who work from 19 offices in 16 countries. We are uniquely positioned to offer you both the efficiency and perspective of a global practice as well as the comfort of top quality local experience and expertise. The team works hand in hand with recognised sector specialists, including IT, telecommunications, energy, media, financial services, retail and consumer goods and life sciences. We invest significant time and energy in understanding each sector s specific needs and defending their unique interests. Chambers and Partners describes our lawyers as part of a new generation that has the ability to understand clients businesses and sectors. Our team consists of many of the leading practitioners in the field. This includes a former director of criminal enforcement at the Antitrust Division of the U.S. Department of Justice (DOJ), former judicial assistants at the European Court of Justice (ECJ), professors of law at prominent universities, and the President of the International Bar Association (IBA). This wide network enables us to understand and approach antitrust issues you face from every angle and allows us to continue to work on cutting-edge issues at the forefront of antitrust policy. Allen & Overy has led the market throughout its 80-year history, continuing to bring new and original ways of thinking to the most complex legal challenges clients face. Allen & Overy is one of the few legal practices that can truly claim to have an integrated international law, local law and U.S. law capability. Chambers and Partners, firm profile of Allen & Overy

4 4 Antitrust & Competition 2013 What distinguishes us from our competitors Innovation The strength of our antitrust practice provides an excellent platform for identifying and formulating innovative and commercial solutions to complex problems. recommended for its excellent knowledge and response times Wide-ranging antitrust experience Involvement in some of the most high profile antitrust cases in recent years means our team has the experience of working on cutting edge issues at the forefront of antitrust policy. Sources say Excellent coverage. Superb team. Client service Multi-jurisdictional Central to our client service philosophy is our commitment to helping clients with every aspect of their antitrust needs. Working closely with other members of our extensive global network across Europe, U.S., Asia and Australia to undertake the most challenging cross-border assignments. This firm offers a strong range of expertise and coverage across the region Chambers and Partners 2011 very well regarded worldwide Market knowledge Wide client base We make sure that we understand the strategic issues affecting our clients businesses; our team of antitrust lawyers combine commercial awareness with a thorough understanding of local market conditions. Our clients include public and private companies covering virtually every sector in the economy. Winner Matter of the Year 2012 Global Competition Review Winner Matter of the Year 2011 Global Competition Review Allen & Overy LLP 2013

5 5 How we can help Compliance and counselling Government investigations and litigation Private actions Merger control Public procurement and competitive tendering State aid Choosing the right antitrust strategy can have a major impact on your business. Whether it concerns alleged anticompetitive conduct, commercial negotiations and litigation or merger control, antitrust law advice is highly business sensitive. Our international antitrust team has extensive knowledge and experience in dealing with the most complex antitrust issues. By combining global reach with local depth, we are uniquely positioned to advise you on your antitrust strategy to achieve consistent, effective solutions throughout your operations. Our antitrust team represents clients globally and locally in matters involving compliance and counselling, government investigations and litigation, private actions, merger control, public procurement and competitive tendering, and state aid. Our antitrust lawyers play a lead role in advising our clients across industry sectors, offering first-rate commercial legal advice that is clear, concise and targeted to meet the precise needs of our clients. This group is recommended for its effective integration within the firm s global practice and for its robust pan-european capability. We also provide our clients with practical assistance through online tools and resources, such as: online guidance on key aspects of cartel regimes per jurisdiction: leniency programmes, individual liability and private enforcement; online guidance on dawn raids/search warrants per jurisdiction; an extensive record of court document models and precedents used in private and public litigation; a comprehensive database detailing the merger control regimes of jurisdictions worldwide, including jurisdictional thresholds, notification obligations, assessment timetables and substantive tests; a merger filing database to store previous merger filings and authority decisions, facilitating and expediting future cases; a practical toolkit of internal resources to perform jurisdictional and substantive analysis, explain and meet procedures, rules and timelines and help prepare notifications; an extensive database of competition lawyers worldwide; and regular alerts on notable developments within the field of antitrust law.

6 6 Antitrust & Competition 2013 Compliance and counselling How we can help There has been a dramatic shift in antitrust and competition law in recent years. Antitrust law is becoming more contentious and the penalties are becoming potentially huge. Having an effective compliance policy is vital to the prevention of anticompetitive conduct by employees. Effectuating such a policy goes beyond the publication of a list of do s and don ts. It also includes education of staff, regular updating and communication of applicable standards and procedures, periodic compliance trainings and certifications, dawn raid simulations, and internal audits. We help companies to develop sound risk management strategies and to adopt and implement effective compliance policies. This includes formulating and updating guidelines, giving staff presentations and training, and performing simulations. We also assist our clients in conducting in-depth audits, if anticompetitive conduct is suspected or as part of a due diligence process. Given the continuing proliferation of national antitrust regimes, the increasing number of authorities actively pursuing antitrust cases, and the growing magnitude of antitrust penalties, internationally operating companies should ensure that their compliance efforts meet the highest standards. Our global presence and local expertise enable us to offer you first-rate assistance in developing local and cross-border compliance programmes. Clients praise the firm s communicative approach that makes us feel like an integral part of the group. Relevant experience Drafting compliance guidelines and providing compliance training for a large number of multinational corporations in various sectors. Creating an EU-wide multilingual ecompliance program for a major entertainment company. Creating a compliance webinar program for a global IT solutions provider. Conducting dawn raid simulations for a chemical company and an insurance company. The firm s broad reach has significant advantages in international transactions. Drafting a dawn raid manual for a major drinks manufacturer. Allen & Overy LLP 2013

7 7 Government investigations and litigation How we can help The stakes for companies subject to cartel, abuse of dominance or monopolisation investigations continue to increase. Fines of hundreds of millions of dollars or euros are no longer an exception. Whereas companies could previously focus their attention on U.S. and EU investigations, we are now seeing competition authorities from other important jurisdictions such as Japan, Brazil, Canada, India, South Korea, and others, stepping up their efforts in penalising anticompetitive behaviour. We have a leading international cartel practice, advising clients in licensing and anticompetitive agreements as well as acting in high profile international and national cartel investigations and subsequent litigation. In cartel enforcement, our teams have broken new ground in the use of leniency programmes on a global scale. We also regularly advise clients on complex abuse of dominance and monopolisation issues, drawing on an extraordinary wealth of experience across our international network of offices. Our lawyers act in behavioural cases for both incumbents and complainants. Our lawyers include the former Director of Criminal Enforcement at the U.S. Department of Justice s Antitrust Division, a former senior director of Mergers at the OFT, as well as former judicial assistants at the European Court of Justice and Court of First Instance and the new President of the International Bar Association (IBA). Our lawyers played a key role in developing current U.S. and EU enforcement policies and procedures. With so many of the leading practitioners in the field, our team provides clients with an in-depth understanding of both antitrust investigations and subsequent litigation across jurisdictions. This enables us to cover every aspect of complex government investigations and to provide the best immediate response to multi-dimensional enforcement actions. This firm has a truly global presence in litigation, with particular strengths in Europe and the Middle East, as well as a considerable presence in China and the USA. Relevant experience We have represented clients in investigations and following litigation covering virtually all sectors, including: A senior executive in the DOJ carbon fibre cartel case. A client in the gas insulated switchgear cartel case. A leading shrimp company in the EC shrimp cartel case. A leading search engine company in an EC abuse of dominance investigation. A leading consumer products manufacturer in a multi-jurisdictional EC sector investigation. A leading semiconductor company in obtaining full immunity from fines in the EC DRAM cartel case. A global financial services company in a DOJ investigation. An international packaging manufacturer in the OFT s corrugated sheet cartel.

8 8 Antitrust & Competition 2013 Private actions How we can help Private actions are a mainstay of the competitive landscape, requiring clients to wield both the sword and shield to protect their rightful place in the market. Antitrust issues are regularly invoked in negotiations and litigation between rivalling companies or between companies and their customers. Cartel and abuse of dominance/monopolisation convictions are generally followed by private (class) actions seeking damages. Also, competitors, suppliers or customers may want to invoke antitrust law to nullify their contract (and receive damages). In recent years we have also seen an increasing number of major cases on licensing and IP in which antitrust issues play a pivotal role. We can assist companies in making litigation risk and exposure assessments and in determining their litigation strategy. Our antitrust team regularly advises and represents clients in private procedures before courts across the globe. By bringing together a team of antitrust, litigation, securities and other experts from across our global practice, we are perfectly equipped to handle each type of private action, including class actions. We also work closely with our exceptional IP and technology practice to represent clients in licensing and IP infringement litigation. The collective expertise and technical know-how of our antitrust and IP lawyers uniquely position us to advise with confidence in cases involving the most complex science and technology. Private actions between global operating companies increasingly take place in multiple jurisdictions at the same time. In such complex cases, a global strategy is a requisite to an efficient and consistent approach in multijurisdictional litigation. We offer our clients a significant and competitive advantage in this area by combining the efficiency of a global presence with a perspective and practice consisting of local experience and expertise. Winner Antitrust Writing Awards 2012 (Academic Category, General Antitrust) Institute of Competition Law and George Washington University Law School Relevant experience We have represented clients in their antitrust-related private actions in many jurisdictions and in various sectors, including: A car company in a private damages claim relating to the EU car glass cartel. A global consumer packaging company in a private enforcement defence against a damages claim based on an alleged abuse of dominance. A leading computer company in its successful complaint against a global software company before the EC. A newspaper company in its settlement relating to an anticompetitive cooperation agreement. A leading electronics company on alleged breach of statutory duty arising from an alleged cartel. A global provider of RFID security solutions in a multi-jurisdictional patent litigation matter. A producer of medical instruments in litigation against a supplier for refusal to deal. A telecom company in a dispute relating to the exclusive rights to the iphone. Allen & Overy LLP 2013

9 9 Merger control How we can help Merger control is a crucial element in any major merger process. When anticipating a transaction, reliable legal advice on the expected timing and outcome of merger clearance procedures is essential. Obtaining merger clearance often involves complex, time-consuming and multi-jurisdictional notification processes. In complex mergers, remedies may need to be offered to obtain clearance, and there is always a risk that the merger will be prohibited or, in some cases, unwound. Effective and efficient preparation and completion of the notification processes may well affect the success of the entire transaction. We advise on the likelihood of opposition from merger control authorities, the presentation of cases to the authorities, the preparation of submissions and briefing papers, and the negotiation of settlements when needed to secure clearance. We can also provide practical help to our clients involved in merger control filings by making use of extensive databases of precedents, merger regime overviews and competition lawyers in virtually every jurisdiction. Many, if not most, of our clients mergers require clearance in multiple jurisdictions. A global strategy is essential for a coherent and efficient merger filing process. Drawing on local contacts and expertise in our international network, we develop global strategies to obtain clearance of mergers and joint ventures in all relevant jurisdictions as soon as possible. We also develop universal antitrust submissions that can be adapted for use in national filings to give our clients a consistent approach and save costs. its international footprint allows it to co-ordinate multijurisdictional merger filings (and) complex cartel investigations. Relevant experience We have acted for a large number of clients in obtaining clearance or opposing mergers across the world in various sectors, including: A leading cable company in obtaining merger clearance in eight jurisdictions. A Russian petroleum company on acquiring its joint venture stake in a German refinery. A large financial institution in defending its merger to be cleared on financial stability grounds. A major airline company on its cooperation agreement with a competing airline. A leading logistics company in obtaining merger clearance in over ten jurisdictions. A global beer company in its takeover of Australia s largest brewer. A leading news company in its acquisition of a television network. A U.S. corporation on opposing Microsoft s acquisition of Skype. Winner Merger Control Matter of the Year 2012 Global Competition Review

10 10 Antitrust & Competition 2013 Public procurement and competitive tendering How we can help Tight economic times have led to heightened scrutiny of procurements and other competitive tenders. Public procurement or competitive tendering rules often apply when contracting with public authorities and utilities operators. Private companies themselves may also award contracts through a tender process. Non-compliance with these rules can have very serious commercial consequences. Our international team has the experience to address public procurement issues from the perspective of all those involved in the procurement process. Our expertise stretches out beyond Europe. Amongst our procurement lawyers is the former Director of Criminal Enforcement of the Antitrust Division of the U.S. DOJ, who was responsible for developing the training programme provided by the DOJ to senior officials on contracting with the U.S. government. We anticipate potential issues and prepare suitable strategies for dealing with the rules, providing clear, structured advice to guide you from the initial commercial assessment to the final award and performance of the contract. We also advise on procurement disputes, providing guidance to contracting authorities and utilities operators whose tendering processes have come under attack and disappointed tenderers seeking to challenge the award of a public contract. The effective procurement group at Allen & Overy has a deep-rooted presence throughout Europe, and provides a range of procurement advice to public and private sector clients. Chambers and Partners 2011 Relevant experience We have advised and represented clients in public procurement and tendering matters in various sectors, including: A telecom incumbent in proceedings related to a major government tender. An energy company on its public procurement strategy in the EU utility sector. A national government on its negotiations with the EC relating to its rail industry. A major pharmaceutical company on public procurement issues in the healthcare sector across the EU. A global business travel management company in proceedings against the European Parliament. An airport consortium in its successful bid in acquiring a majority stake in an airport operator. A global defence company in its tender for the supply of systems equipment to a European defence ministry. Procurement Law firm of the Year The International Who s Who of Public Procurement lawyers 2011 Allen & Overy LLP 2013

11 11 State aid How we can help The law governing the aid that governments in the 27 EU Member States provide to the private sector is an increasingly important specialist area within EU competition law. The recent spate of bank mergers and rescues has highlighted this importance and has raised challenging issues around the interaction of state aid, merger control and government action to protect financial stability. Our international antitrust team has been at the heart of these issues. Due to our extensive expertise, we have one of the strongest European-wide practices in state aid. Few can match our breadth and depth of experience. We provide a complete range of EU state aid advice and support, both at the national and EU levels, advising clients throughout the complaint or approval process, and where required providing representation before the national and European courts. This firm has a highly regarded pan-european practice. Relevant experience We have advised and represented clients in high level state aid matters in various sectors, including: Several global financial institutions on state aid issues relating to the restructuring of Greek debt. The Dutch Ministry of Finance in an EC state aid investigation. A South-African media company in a state aid complaint procedure. The British Department for Trade and Industry regarding the reorganisation of the UK nuclear industry. A UK football club on state aid aspects related to the financing of their stadium. The Czech government on the privatisation of coal mines. A Japanese bank on the funding of an urban transport project.

12 12 Antitrust & Competition 2013 An international team at your service Americas Asia Pacific China Todd Fishman Partner Litigation, New York Tel Elaine Johnston Partner, New York Tel John Terzaken Partner, Washington, D.C. Tel François Renard Counsel, Beijing Tel Europe Belgium Dirk Arts Partner, Brussels Tel dirk.arts@allenovery.com Martin Bechtold Partner, Brussels/Frankfurt Tel martin.bechtold@allenovery.com Michael Reynolds Partner, Brussels/Washington, D.C. Tel michael.reynolds@allenovery.com Jürgen Schindler Partner, Brussels/Hamburg Tel juergen.schindler@allenovery.com Allen & Overy LLP 2013

13 13 France Olivier Fréget Partner, Paris Tel oliver.freget@allenovery.com Florence Ninane Partner, Paris Tel florence.ninane@allenovery.com Michel Struys Partner, Paris/Brussels Tel michel.struys@allenovery.com Germany Italy Ellen Braun Partner, Frankfurt Tel ellen.braun@allenovery.com Silvia D Alberti Partner, Rome Tel silvia.dalberti@allenovery.com

14 14 Antitrust & Competition 2013 Netherlands Paul Glazener Partner, Amsterdam Tel Leigh Hancher Of Counsel, Amsterdam Tel Tom Ottervanger Of Counsel, Amsterdam Tel Kees Schillemans Partner, Amsterdam Tel Poland Spain Marta Sendrowicz Partner, Warsaw Tel Antonio Martinez Partner, Madrid Tel Allen & Overy LLP 2013

15 15 United Kingdom Antonio Bavasso Partner, London Tel Mark Friend Partner, London Tel Jonathan Hitchin Partner Litigation, London Tel Philip Mansfield Partner, London/Brussels Tel

16 GLOBAL PRESENCE Allen & Overy is an international legal practice with approximately 5,000 people, including some 512 partners, working in 42 offices worldwide. Allen & Overy LLP or an affiliated undertaking has an office in each of: Abu Dhabi Amsterdam Antwerp Athens (representative office) Bangkok Beijing Belfast Bratislava Brussels Bucharest (associated office) Budapest Casablanca Doha Dubai Düsseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Istanbul Jakarta (associated office) London Luxembourg Madrid Mannheim Milan Moscow Munich New York Paris Perth Prague Riyadh (associated office) Rome São Paulo Shanghai Singapore Sydney Tokyo Warsaw Washington, D.C. Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP s affiliated undertakings. Allen & Overy LLP 2013 I CS1210_CDD-4360_ADD-35499