Niels Christian Ersbøll

Niels Christian Ersbøll

Partner

Niels Christian Ersbøll advises clients on EU competition law in relation to cartels and restrictive practices, merger control, abuse of dominance, and State aid.

He is currently involved in several pending EU cartel investigations. He advises on merger control investigations by the European Commission and competition authorities worldwide for clients such as General Electric, Boston Scientific, Pfizer, and Sanyo. Where investigations (mergers or cartels) are run by several authorities in parallel, he assists with overall strategy and coordination. Mr. Ersbøll also has significant experience helping clients with designing and implementing compliance measures and conducting internal investigations and audits.

His practice also encompasses advice on, for example, the design of marketing, pricing, and distribution arrangements, as well as various forms of strategic alliances. He acts for clients in many industries, and has particular experience within the transport & logistics, and life sciences sectors.

In relation to State aid, Mr. Ersbøll assists clients in identifying whether measures may amount to State aid that requires notification. He has also acted before the EU General Court in State aid appeal proceedings.

Experience

  • Shipping company in an ongoing European Commission cartel investigation.
  • Optical disk drive manufacturer as leniency applicant in the European Commission's investigation into an alleged cartel.
  • Car component manufacturer in relation to a European Commission investigation into an alleged cartel.
  • Supplier of market intelligence information in relation to an investigation into alleged abuse of dominance, including margin squeeze and refusal to supply.
  • International company in conducting a large-scale internal antitrust audit.
  • Large international pharmaceutical company in detailed advice on setting up and managing a supply quota system and advice around related distribution issues.
  • Advising an international vaccines manufacturer on a joint production and distribution arrangement, including detailed compliance guidance.
  • Extensive advice to trade associations in the field of human vaccines regarding antitrust compliance.
  • Advising several international shipping companies on compliance risks in relation to pool agreements and in representations before the European Commission. Conducting detailed review and analysis of pool agreements and advising on strategy.
  • European Community Shipowners' Associations (ECSA) 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.

Perspectives

Managing Gun-Jumping and Related Antitrust Risks in M&A Transactions: An EU and US Update
Advisory
US & EU Competition Law—Merger Enforcement: 2017 Year in Review
Newsletter
Competition Law in Life Sciences
Arnold & Porter Kaye Scholer, London
Life Sciences Legal Update Conference
Arnold & Porter Kaye Scholer, London, England
EU Commission Proposes a Framework for Screening Foreign Direct Investments into the EU
Advisory
More

Recognition

The Legal 500 Europe
Belgium Competition: EU and Global (2016, 2018)
Whos' Who Legal
Competition (2018)

Credentials

Education
  • Socrates Deploma, European Law, University of Brussels (ULB), Belgium, 2000
  • MA, Copenhagen University, 2000
  • MB, Copenhagen University, 1998
  • Erasmus Diploma, European Law, University of Leuven (KUL), Belgium, 1999
Admissions
  • Brussels, Belgium
  • Denmark
Activities
  • Member of the Board of the European Maritime Law Organisation (EMLO)

Languages
  • Danish
  • English
  • French
Overview

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