Antitrust/Competition

Niels Christian Ersbøll is a Brussels-based counsel in Arnold & Porter LLP's European antitrust practice. He is a Danish qualified lawyer and has more than ten years' experience practicing EU competition law. After a short term at the European Commission's Directorate General for Competition, and several years spent practicing in the Brussels-based EU competition law groups of leading Danish and international law firms, he joined Arnold & Porter LLP's Brussels office at the beginning of 2004, shortly after the office was established.

Niels advises extensively on merger control and cartel investigations before the European Commission and national competition authorities worldwide. In addition, he regularly advises clients on restrictive agreements and practices, as well as questions related to abuse of dominance. He has represented a series of FORTUNE 500 and Financial Times 500 companies in competition law matters relating to a wide range of industries, and has experience in the electronics, transport, pharmaceuticals, vaccines, medical equipment, tobacco, food, and media industries. Niels also provides advice on state aid as well as regulatory matters. Niels is fluent in English, French, and Danish and has knowledge of Dutch, Norwegian, and Swedish.

Antitrust/Competition Representative Matters

Merger Control

• Sanyo in the acquisition by Sanyo of Panasonic, representing Sanyo before the European Commission, including notification and negotiation of remedies and clearance, and coordinating multiple international filings.
• Pfizer in its acquisition of certain animal health businesses from Schering-Plough following Commitments offered in the Schering-Plough/Organon BioSciences transaction. Advised on Pfizer's approval as purchaser under the Commitments, referral of jurisdiction from several Member States to the European Commission, and notification and clearance by the European Commission.
• Kraft in its acquisition of Danone Biscuits. Heavily involved in the notification, negotiation of commitments, and clearance from the EU. Handling multiple national filings.
• Boston Scientific in its acquisition of Guidant. Heavily involved in the notification and negotiation of commitments and clearance from the EU. Advising on and coordinating the notification and clearance in multiple national jurisdictions worldwide.
• NBC Universal in its establishment of a joint venture with NewsCorp/Fox, including subsequent expansion of the joint venture. Filings and obtaining clearance from the European Commission.
• GE Energy and Hitachi in their establishment of a strategic alliance in the field of nuclear energy. Advising on and coordinating notification and clearance in multiple national jurisdictions worldwide.
• Hitachi in its acquisition of Clarion, in particular coordinating merger filings in multiple jurisdictions and securing clearance.
• Cisco in its acquisition of Scientific-Atlanta. Assisting in the notification to the EU, in relation to the referral process from Member States to the European Commission, and in obtaining clearance in the EU.
• SBC in its acquisition of AT&T. Advising on and coordinating the merger and regulatory notification and clearance in multiple jurisdictions worldwide.

Antitrust

• A manufacturer of electronic equipment as leniency applicant in a European Commission investigation into an alleged international cartel.
• International company in conducting a large-scale internal antitrust audit.
• A large international pharmaceutical company in detailed advice on setting up and managing a supply quota system.
• Extensive advice to trade associations in the field of human vaccines regarding antitrust compliance.
• Several international shipping companies in relation to advice on the application of Article 101 and 102 TFEU to pool agreements and in representations before the European Commission's Directorate General for Competition. Conducting detailed review and analysis of pool agreements and advising on strategy. Representing the clients before the European Commission.
• ECSA - European Community Shipowners' Associations in its representations before the European Commission's Directorate General for Competition in connection with the review of the application of EC competition law to shipping pools. Advising on strategy and submissions to the European Commission.
• Organizing antitrust compliance seminars and training for multiple companies.

Regulatory

• Advising chemical substances manufacturers and users of chemical substances on the implications of REACH and EU packaging and labeling requirements.