Axel P. Schulz

White & Case (Brussels)
Lawyer (Partner)

Axel Schulz has been involved in a broad range of EC and German competition law matters. During his work on merger control under both EU and German law he has dealt with collective dominance and countervailing buyer power, as well as structural links issues in industries including paper and pulp, aluminum, electricity generation and distribution and pharmaceuticals. His recent deals include cases M.4418 — Nycomed/Altana (pharmaceuticals), M.3435 — Lyondell/Millennium (base and specialty chemicals), M.3179 — Sapa/Remy Claeys (aluminium extrusion) and M.2499 Norske Skog/Haindl (newsprint and magazine paper — Phase II investigation). Mr. Schulz has particular proficiency in the pharmaceutical industry, where he advises on competition law issues in the fields of distribution, co-marketing, licensing and other kinds of vertical and horizontal cooperation agreements. He represented GSK in a number of cases before the European Courts in Luxembourg, including case T-168/01 (GSK Spain — dual pricing), case C-501/06 (GSK Spain — appeal of case T-168/01 — pending), case C-53/03 (Syfait) where he also assisted in proceedings before the Hellenic Competition Committee and joined cases C-468/06 to C-478/06 (rerun of Syfait — pending). In addition to pharmaceuticals, Mr. Schulz has been involved in a number of important competition cases before the European Courts, including cases T-65/98 and C-552/03 — Van den Bergh Foods v. Commission (ice cream freezer exclusivity), case T-113/07 — Toshiba v. Commission (appeal of GIS cartel decision — pending), case T-21/05 — Halcor v. Commission (appeal of plumbing tube cartel decision — pending). He regularly advises companies on cartel investigations and has implemented many antitrust compliance programs for multinational companies.

Distinctions

Linked authors

Herbert Smith Freehills (London)
General Court of the European Union (Luxembourg)
White & Case (Brussels)
White & Case (Brussels)
White & Case (Brussels)
White & Case (Brussels)
United State District Court (New York)
The Brattle Group (Washington)

Articles

1056 Bulletin

Axel Schulz, James Killick, Jérémie Jourdan, Mark Powell The EU Court of Justice annuls a decision of the Commission requesting information on the ground that the decision did not sufficiently explain why the information requested was necessary (Italmobiliare, Schwenk Zement, HeidelbergCement and Buzzi Unicem)

541

Introduction On 10 March 2016, the European Court of Justice issued a landmark ruling annulling European Commission decisions requesting information from cement manufacturers, on the ground that the decisions did not sufficiently explain why the information requested was necessary . This (...)

Axel Schulz, Ian Forrester, Jacquelyn F. MacLennan The Advocate General Wathelet proposes to the EU Court of Justice to annul a judgement of the EU General Court in order to force it to exercice its full jurisdiction to review fines imposed by the Commission (Telefónica)

117

The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised, but in many cases the courts have largely left untouched the (...)

Axel Schulz, Morris Schonberg The EU General Court confirms that when a wholly owned subsidiary is sold to a new owner, that subsidiary and the previous owner remain jointly and severally liable for any competition law infringement that the subsidiary committed before the sale (Areva, Alstom)

331

In a judgment delivered on 3 March 2011 in Cases T-117/07 Areva v European Commission and T-121/07 Alstom v European Commission, the General Court of the European Union (the ‘Court’) the Court confirmed the general rule that when a wholly-owned subsidiary that has infringed competition law is (...)

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