Niels Christian Ersbøll

Niels Christian Ersbøll

Partner

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

He has assisted clients in obtaining merger control clearance on a number of significant transactions before the European Commission and coordinating strategy and submissions before competition authorities worldwide for clients such as AT&T, Pfizer and Boston Scientific.

In relation to cartels, Mr. Ersbøll has successfully acted for companies seeking leniency (immunity as well as fine reductions) before the European Commission, he has appeared before the EU General Court on appeal of European Commission decisions, and is advising on follow-on damage claims. Mr. Ersbøll also has significant experience helping clients with designing and implementing compliance measures and conducting internal investigations and audits.

Outside investigations related work, Mr. Ersbøll regularly advises clients in relation to, for example, distribution and pricing arrangements, parallel trade, and various forms of cooperation agreements and strategic alliances between competitors. He acts for clients in many industries, and has particular experience within the life sciences and the transport & logistics sectors.

As a reflection of his deep understanding of the industry, since the declaration of the Covid-19 pandemic, Mr. Ersbøll has also been working extensively with the vaccine industry to advise on a multitude of aspects of vaccine procurement in the EU, by COVAX and CARICOM.

Experience

  • International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) in relation to engagement with COVAX, Gavi, CEPI, and UNICEF/PAHO concerning pandemic response efforts related to SARS-CoV-2.
  • International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) in relation to CEPI’s establishment of a marketplace for vaccine inputs to solve bottlenecks in the production of vaccines against SARS-CoV-2.
  • Large vaccine producer on antitrust compliance aspects related to procurement and supply of vaccines against SARS-CoV-2.
  • Major bio-pharmaceutical manufacturer on various antitrust compliance aspects in the context of bio-similar competition, including pricing, distribution and market access.
  • Mitsui OSK Lines in relation to cartel follow-on damages claims.
  • Shipping company in obtaining immunity from fines in relation to a European Commission cartel investigation.
  • Hitachi-LG Data Storage as leniency applicant in the European Commission's investigation into an alleged cartel, including subsequent appeal to the EU General Court.
  • Pharmaceutical manufacturers in relation to advice on pricing, joint promotions, distribution and market access issues.
  • International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) in relation to antitrust compliance in connection with vaccine access work in low and middle-income countries.
  • Industrial equipment supplier in relation to strategic alliance with a competitor on specialization and the provision of joint services worldwide.
  • 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

European Commission Proposes a New Pharmaceutical Strategy for Europe
Bioslice Blog
Competition Law in Life Sciences Seminar
Arnold & Porter Antitrust/Competition Seminar, Zürich, Switzerland
Navigating the Tensions Between Leniency Cooperation and the Risk of Private Follow-On Damage Claims in Cartel Cases (pdf)
The International Comparative Legal Guide to Cartels & Leniency 2019 published by Global Legal Group
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
More

Recognition

The Legal 500 Europe
Belgium Competition: EU and Global (2016, 2018, 2021)
Chambers Europe
Competition/European Law (Belgium) (2020-2021)
"Up and Coming" – Competition/European Law (Belgium) (2018-2019)
Chambers Global
"Up and Coming" – Competition/European Law (Belgium) (2018-2021)
"Foreign Expert for Denmark" – Competition/European Law (Belgium) (2019-2020)
More

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
Languages
  • Danish
  • English
  • French
Overview

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