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Antitrust/Competition
G. Axel Gutermuth is a member of the firm's antitrust/competition group with a focus on a broad range of competition law issues.
Mr. Gutermuth assists and represents clients in merger control proceedings before the European Commission and the German Federal Cartel Office. He has participated in several second phase German and EC merger proceedings, including landmark cases such as Tetra Laval/Sidel and Oracle/PeopleSoft. In many of his cases, Mr. Gutermuth assesses merger filing requirements in jurisdictions around the world and coordinates the national filing procedures.
As part of his general antitrust counseling practice, Mr. Gutermuth regularly advises clients on the compliance of joint ventures and other cooperation agreements with Articles 101 and 102 of the Treaty on the Functioning of the European Union (formerly Articles 81 and 82 of the EC Treaty) and the specific rules on cooperation in distribution, research and development, technology transfer, and production. He has particular knowledge of the application of competition law in cases involving intellectual property rights. Moreover, Mr. Gutermuth has represented clients in cartel investigations, EC anti-dumping procedures, State aid procedures, and appeals to Court of Justice of the European Union. He advises clients on internal compliance procedures and recently concluded a comprehensive antitrust compliance review of a client's worldwide business in the energy and chemical sectors.
Mr. Gutermuth has worked for clients in various industries, including chemical, energy, life science, healthcare, technology, metals, tobacco, defense and telecommunications/media.
German version of this CV/Deutsche Version des Lebenslaufs
Antitrust/Competition Representative Matters
- Representing Cisco in EU merger clearance regarding the acquisition of NDS.
- Represent client in ongoing cartel investigation by the European Commission.
- Internal competition compliance review of client's worldwide operations in the energy and chemical sectors.
- Securing EU merger clearance for General Electric in its US$ 3 billion acquisition of Dresser, Inc. and coordinating international filings in eight other jurisdictions.
- Representing Bucyrus International, Inc. in merger control proceedings before the EU Commission and coordinating filings in several other jurisdictions regarding Caterpillar's US$ 8.6 billion acquisition of Bucyrus.
- Securing German merger clearance for Finmeccanica SpA's US$ 5.2 billion acquisition of DRS Technologies and coordination of international filings.
- Representing German citizens as witnesses in a U.S. cartel damages class action regarding the taking of witness statements in Germany under the Hague Convention.
- Coordinating international merger filings in Bucyrus International Inc.'s US$ 1.3 billion acquisition of Terex Corporation's mining equipment business.
- International merger control advice to General Electric on various transactions, including EU merger filings.
- Securing German merger clearance for a US$ 2.9 billion merger of pharmaceutical companies.
- Advice on international merger control issues to Cisco Systems in its acquisitions of Starent Networks.
- Counseling advice to a major international chemicals company regarding complex cooperation agreements for $1+ billion investments.
- Participation in the representation before the European Commission and the General Court (previously, the Court of First Instance) of a major international investment bank regarding the violation of State aid obligations by an Accession Country.
- Representing a leading German company in an abuse of dominance investigation before the German Federal Cartel Office.
- Representing Cisco in EU merger clearance regarding the acquisition of NDS.
- Represent client in ongoing cartel investigation by the European Commission.
- Internal competition compliance review of client’s worldwide operations in the energy and chemical sectors.
- Securing EU merger clearance for General Electric in its US$ 3 billion acquisition of Dresser, Inc. and coordinating international filings in eight other jurisdictions.
- Representing Bucyrus International, Inc. in merger control proceedings before the EU Commission and coordinating filings in several other jurisdictions regarding Caterpillar’s US$ 8.6 billion acquisition of Bucyrus.
- Securing German merger clearance for Finmeccanica SpA’s US$ 5.2 billion acquisition of DRS Technologies and coordination of international filings.
- Representing German citizens as witnesses in a U.S. cartel damages class action regarding the taking of witness statements in Germany under the Hague Convention.
- Coordinating international merger filings in Bucyrus International Inc.’s US$ 1.3 billion acquisition of Terex Corporation’s mining equipment business.
- International merger control advice to General Electric on various transactions, including EU merger filings.
- Securing German merger clearance for a US$ 2.9 billion merger of pharmaceutical companies.
- Advice on international merger control issues to Cisco Systems in its acquisitions of Starent Networks.
- Counseling advice to a major international chemicals company regarding complex cooperation agreements for $1+ billion investments.
- Participation in the representation before the European Commission and the General Court (previously, the Court of First Instance) of a major international investment bank regarding the violation of State aid obligations by an Accession Country.
- Representing a leading German company in an abuse of dominance investigation before the German Federal Cartel Office.
Chambers Global: The World's Leading Lawyers for Business 2013 for Corporate/M&A: Competition (Experts Based Abroad): Germany - Spotlight Table
Chambers Global: The World's Leading Lawyers for Business 2012-2013 for Competition/European Law (Foreign Experts): Belgium - Spotlight Table
Professional Activity
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Mr. Gutermuth is author or co-author of several articles and publications on antitrust issues as well as a frequent conference speaker. He is a member of the Studienvereinigung Kartellrecht, the leading association of German speaking antitrust lawyers.
G. Axel Gutermuth "The Revised EU Competition Rules for Production and R&D Agreements Create a More Coherent Framework of Assessment and Provide Better Guidance to Companies" (PDF: 232 kB) CPI Antitrust Chronicle, February 2011 (1)
G. Axel Gutermuth "Revision of the EU Competition Rules on Cooperation in Research & Development and Production: Scope for Further Improvement" (PDF: 161 kB) CPI Antitrust Journal, September 2010
G. Axel Gutermuth "Article 82 Guidance: A Closer Look at the Analytical Framework and the Paper's Likely Impact on European Enforcement Practice" (PDF: 115 kB) This article was originally published in GCP Magazine at www.globalcompetitionpolicy.org, February 2009
Claus-Dieter Ehlermann, Sven B. Volcker and G. Axel Gutermuth "Unilateral Effects: The Enforcement Gap under the Old EC Merger Regulation" (PDF: 782 kB) World Competition (Printed by Kluwer Law International) 2005
"Will the Lisbon Treaty Have an Impact on Future EU Competition Policy?" (PDF: 319 kB) Dec 2009
"Private Enforcement of EC State Aid Law--EC's Revamped Notice on the Role of National Courts" (PDF: 266 kB) Mar 2009
"Germany Limits the Reach of its Merger Control Law but Introduces New Foreign Investment Supervision" (PDF: 268 kB) Feb 2009
"Private Label Brands, "Must-Have" Brands, and Impact on Retailer Buyer Power" (PDF: 371 kB) Feb 2009
"European Commission Endorses A More Economic-Based Approach" (PDF: 332 kB) Dec 2008
"New Notice Clarifies EU Commission's Approach to Remedies in Merger Cases" (PDF: 673 kB) Oct 2008