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. Chambers Global notes that "Commentators describe German-qualified Axel Gutermuth as 'absolutely outstanding.'"

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.

Experience

  • Monsanto Company regarding EU and other ex-US merger clearances in the acquisition of Monsanto by Bayer. The transaction won the 2019 GCR Award for Global Antitrust Matter of the Year and the 2019 GCR Award for Merger Control Matter of the Year-Europe.
  • SABIC in 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. in its $1.9 billion acquisition of cloud-based unified communications provider BroadSoft, Inc.—German merger filing and global coordination.
  • 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. Co-lead counsel for the EU filing that ended with an unconditional clearance.
  • BP regarding 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.
  • 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. The matter won the 2016 GCR Award for "Merger Control Matter of the Years - Europe".
  • 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 $1.8 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.
  • Versus Investment Partners (f/k/a Uni-World Capital) in its sale of VanDeMark Chemical Inc., one of the world's largest, independent manufacturers of phosgene and phosgene derivatives, to Comvest Investment Partners.

Perspectives

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
Managing Gun-Jumping and Related Antitrust Risks in M&A Transactions: An EU and US Update
Advisory
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Recognition

Best Lawyers in Belgium
Competition/Antitrust Law (2019-2020)
Chambers Global
Competition/European Law (Belgium) (2012-2019)
"Foreign Expert for Germany" – Competition/European Law (Belgium) (2018-2019)
"Foreign Expert Based Abroad" – Corporate/M&A: Competition (Germany) (2013-2017)
Who's Who Legal
Competition Thought Leader (2018-2019)
Competition (2013-2018)
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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, Ruprecht-Karls-University of Heidelberg, 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
  • English
  • French
Overview

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