Axel Gutermuth focuses on European, German and global competition law issues.

Mr. Gutermuth frequently represents clients in merger control proceedings before the European Commission and the German Federal Cartel Office. In many cases, Mr. Gutermuth also assesses merger filing requirements in jurisdictions around the world and coordinates multiple national filing procedures. Moreover, Mr. Gutermuth represents and assists clients in cartel and internal compliance investigations. Chambers Global notes that "Commentators describe German-qualified Axel Gutermuth as 'absolutely outstanding.'" 

As part of his antitrust counseling practice, Mr. Gutermuth regularly advises clients on the compliance of joint ventures, other cooperation agreements, information exchange, and other business practices with Articles 101 and 102 of the Treaty on the Functioning of the European Union 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. Mr. Gutermuth has also been involved in appeals to Court of Justice of the European Union.

Mr. Gutermuth has worked for clients in various industries, including chemical, financial services, energy, life science, pharma, healthcare, technology, metals, tobacco, defense and telecommunications/media.

Experience

  • Monsanto Company regarding ex-US merger clearances in the proposed acquisition by Bayer (ongoing).
  • Cisco in its $3.7 billion acquisition of AppDynamics Inc. - German merger filing.
  • General Electric in its transaction combining GE Oil & Gas with Baker Hughes to create a new publicly traded company owned 62.5% by GE with $23 billion in combined revenue. Co-lead counsel for the EU filing that ended with an unconditional clearance.
  • Komatsu Ltd. in international merger filings regarding its $2.9 billion agreement to acquire mining equipment company, Joy Global.
  • General Electric in its $10.6 billion acquisition of the Energy Business of Alstom. Co-lead counsel for European and worldwide merger clearances.
  • Visa Inc. in its acquisition of Visa Europe. International merger clearances.
  • Boston Scientific in its acquisition of American Medical Systems' urology portfolio, lead on German merger filing.
  • General Electric in its $1.775 billion acquisition of Milestone Aviation Group, a Dublin-based helicopter lessor. Lead counsel in obtaining antitrust clearance in multiple jurisdictions.
  • Cisco in EU and international merger clearances regarding the company's $5B acquisition of NDS Group Ltd. and $2.7B acquisition of Sourcefire, Inc.
  • General Electric in EU and international multiple merger control proceedings regarding its $3.3B acquisition of Lufkin Industries, Inc. and its $3B acquisition of Dresser, Inc.
  • Saudi Basic Industries Corporation (SABIC) in its $640 million joint venture with SK Global Chemicals for the manufacture of high-performance polyethylene products.
  • Bucyrus International, Inc. in EU merger control proceedings and coordinating multiple other filings in Caterpillar's $8.6B acquisition of Bucyrus.
  • Finmeccanica SpA in securing German merger clearance for $5.2B acquisition of DRS Technologies and coordination of international filings.
  • Bucyrus International Inc. in coordinating international merger filings in its $1.3B acquisition of Terex Corporation's mining equipment business.
  • Pharmaceutical company in securing German merger clearance for the client's $2.9B merger.

Perspectives

Competition Law in Life Sciences
Arnold & Porter Kaye Scholer, London
From Crisis to Compliance: An Antitrust/Competition Seminar
Arnold & Porter Kaye Scholer, Frankfurt
EU Commission Proposes a Framework for Screening Foreign Direct Investments into the EU
Advisory
Germany Introduces New Merger Filing Threshold Based on the Value of the Transaction
The Threshold, ABA Section of Antitrust Law, Mergers & Acquisition Newsletter, Volume XVII, Number 3, pages 72 - 83
Arnold & Porter's Competition Law Webinar Series: EU Competition Law Update
Arnold & Porter LLP
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Recognition

Who's Who Legal
Competition Thought Leader (2018)
Competition (2013-2018)
Chambers Europe
Competition/European Law (Belgium) (2018)
"Up and Comer" – Competition/European Law (Belgium) (2017)
Chambers Global
Competition/European Law (Belgium) (2012-2018)
Foreign Expert Based Abroad – Corporate/M&A: Competition (Germany) (2013-2017)
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Credentials

Education
  • LLM, New York University School of Law, 1999
  • German Bar Exam (Assessorexamen), Karlsruhe, Germany, 1998
  • German Law School Exam, University of Heidelberg, Germany, 1996
  • Certificate of Political Sciences, University of Aix-en-Provence, France, 1993
Admissions
  • Brussels, Belgium (associate member)
  • Munich
  • New York
Activities
  • 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.

Languages
  • German
  • French
Overview

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