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. He led the ex-US merger control work for Monsanto in its $66 billion acquisition by Bayer, a transaction that won the 2019 GCR Awards for "Global Antitrust Matter of the Year" and "Merger Control Matter of the Year - Europe". 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. 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 pharma, chemical, financial services, energy, life science, healthcare, technology, metals, tobacco, defense and telecommunications/media. A significant part of his current work involves antitrust issues relating to the digital economy. Mr. Gutermuth is listed in all major attorney rating publications.

Experience

  • BP: global merger control aspects regarding its joint venture with Arclight Capital Partners to acquire Thorntons, a leading privately owned gasoline and convenience store chain with locations in the Midwest and Florida.
  • Monsanto: EU and other ex-US merger clearances in the acquisition of Monsanto by Bayer. The transaction won the 2019 GCR Awards for Global Antitrust Matter of the Year and Merger Control Matter of the Year-Europe.
  • Saudi Basic Industries Corporation (SABIC): obtaining worldwide merger clearances for the creation of a joint venture with Exxon-Mobil to build and operate a multi-billion dollar petrochemical plant producing ethylene and ethylene derivatives.
  • Cisco Systems, Inc.: $1.9 billion acquisition of cloud-based unified communications provider BroadSoft, Inc.—German merger filing and global coordination.
  • Cisco: $3.7 billion acquisition of AppDynamics Inc. - German merger filing.
  • General Electric: 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.: international merger filings regarding its $2.9 billion agreement to acquire mining equipment company, Joy Global.
  • General Electric: $10.6 billion acquisition of the Energy Business of Alstom. Co-lead counsel for European and worldwide merger clearances.
  • Visa Inc.: acquisition of Visa Europe. International merger clearances.
  • Boston Scientific: acquisition of American Medical Systems' urology portfolio, lead on German merger filing.
  • General Electric: $1.775 billion acquisition of Milestone Aviation Group, a Dublin-based helicopter lessor. Lead counsel in obtaining antitrust clearance in multiple jurisdictions.
  • Cisco: EU and international merger clearances regarding the company's $5 billion acquisition of NDS Group Ltd. and $2.7 billion acquisition of Sourcefire, Inc.
  • General Electric: EU and international multiple merger control proceedings regarding its $3.3 billion acquisition of Lufkin Industries, Inc. and its $3 billion acquisition of Dresser, Inc.
  • Saudi Basic Industries Corporation (SABIC): $640 million joint venture with SK Global Chemicals for the manufacture of high-performance polyethylene products.
  • Bucyrus International, Inc.: EU merger control proceedings and coordinating multiple other filings in Caterpillar's $8.6 billion acquisition of Bucyrus.
  • Finmeccanica SpA: securing German merger clearance for $5.2 billion acquisition of DRS Technologies and coordination of international filings.
  • Bucyrus International Inc.: coordinating international merger filings in its $1.3 billion acquisition of Terex Corporation's mining equipment business.
  • Pharmaceutical company: securing German merger clearance for the client's $2.9 billion merger.
  • Versus Investment Partners (f/k/a Uni-World Capital): sale of VanDeMark Chemical Inc., one of the world's largest, independent manufacturers of phosgene and phosgene derivatives, to Comvest Investment Partners.

Perspectives

Competition and Compliance Seminar
Arnold & Porter Seminar, Frankfurt
Gun-Jumping and Related Antitrust Risks in M&A Transactions – EU Update After Altice and Ernst & Young
Competition Law & Policy Debate, Volume 5, Issue 1
Monopoly and Dominance – Divergence Across the Pond
Panelist, ABA Brownbag Lunch, Washington, DC
The New ECN+ Directive: Towards an Even More Integrated Antitrust Enforcement in the EU
Advisory
Competition Law in Life Sciences Seminar
Arnold & Porter Antitrust/Competition Seminar, Zürich, Switzerland
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Recognition

IFLR1000
"Notable Practitioner" – Competition (Germany) (2019-2020)
Who's Who Legal
Competition Thought Leader (2018-2019)
Competition (2013-2019)
Best Lawyers in Belgium
Competition/Antitrust Law (2019-2020)
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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, Germany, Ruprecht-Karls-University of Heidelberg, 1996
  • Certificate of Political Sciences, University of Aix-en-Provence, France, 1993
Admissions
  • Brussels, Belgium (associate member)
  • New York
  • German Attorney, authorized to represent before all German Courts (except for the Federal Court of Justice in civil matters) and before the courts of the European Union.
Activities
  • Member, Antitrust Lawyers Association for Germany, Austria and Switzerland (Studienvereinigung Kartellrecht)
Languages
  • German
  • English
  • French
Overview

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