M. James Killick

White & Case
Lawyer (Partner)

James Killick is a litigator whose practice covers competition, pharmaceuticals, and international trade. He advises leading industry players in a broad range of business sectors, from information technology and chemicals to airlines and paper. Recognized as one of the leading lawyers in his field by The International Who’s Who of Competition Lawyers & Economists 2015, James uses his extensive experience and formidable grasp of EU laws and procedures to help clients navigate complex strategic issues. In the competition field, James regularly advises companies under investigation by the Commission, notably in areas such as pharmaceuticals and standard setting, where IP and competition law overlap. He also advises merging parties under the EU Merger Regulation, and has successfully defended several major cartel cases. He also acts for third-party complainants in mergers and classic antitrust cases and has an extensive advisory practice. He holds a special degree in European Law from the Université Libre de Bruxelles (1995), an LLM degree from Clare College Cambridge (1994) and a BA degree from Clare College Cambridge (1993).

Linked authors

White & Case
University College London
RBB Economics
ENSAE Paris-Tech
Jones Day
Allen & Overy
General Electric
International Airlines Group (IAG)

Articles

7771 Bulletin

James Killick The EU Court of First Instance overturns the EU Commission decision’s to block a merger between two UK tour operators addressing the issue of collective dominance (Airtours / First Choice)

529

In a critical decision, the European Court of First Instance (“CFI”) reversed the decision of the EC Commission, which had blocked AirTours’ acquisition of First Choice, a rival UK tour operator, under Article 2(3) of the EC Merger Control Regulation on the basis that it would have created a (...)

James Killick, Mark D. Powell The EU Court of First Instance overturns the European Commission’s decision to block a merger in the packaging equipment sector addressing the issues of conglomerate effects and leveraging (Tetra Laval/Sidel)

250

For the third time this year, and the second time this week, the European Court of First Instance ("CFI") has overturned a decision of the EC Commission to block a merger. Once again, the CFI criticized the Commission’s factual findings and its analysis. Within hours of the judgment, (...)

James Killick, Mark D. Powell The EU General Court partially annuls the Commission’s decision and reduces fines in a cartel case concerning the Dutch beer market (Netherlands Beer)

377

By its decision of 18 April 2007, the Commission imposed fines totalling approximately EUR 270 million on several Dutch brewers, including Heineken NV and its subsidiary Heineken Nederland BV, and Bavaria NV, for their participation in a cartel on the Dutch beer market between 27 February 1996 (...)

James Killick, Mark D. Powell The EU General Court holds for the first time that the Commission erred in relying on the presumption that a parent company is liable for the anticompetitive conduct of its wholly-owned subsidiary (Hydrogen Peroxide)

348

By its decision of 3 May 2006, the Commission imposed fines totalling over EUR 388 million on a number of companies for their participation in a cartel on the market for hydrogen peroxide and sodium perborate (bleaching agents) between 31 January 1994 and 31 December 2000. Among the companies (...)

James Killick, Mark D. Powell The EU General Court partially annuls the Commission’s decision and reduces fines in a cartel case concerning the international removal services market in Belgium (Gosselin, Verhuizingen Coppens)

351

By its decision of 11 March 2008, the Commission imposed fines totalling over EUR 32 million on ten companies for their participation in a cartel on the international removal services market in Belgium between October 1984 and September 2003. In particular, the Commission imposed fines of EUR (...)

James Killick The European Commission condemns leading US software company for abuse of a dominant position in the market for client PC operating systems, ordering to grant compulsory license to competitor (Microsoft, Sun Microsystems)

503

This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

James Killick The European Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health)

227

This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

James Killick, Katarzyna Czapracka Advocate General Wathelet states that before seeking an injunction, a standard essential patent holder must inform an infringer that the latter needs a licence (Huawei / ZTE)

119

Summary The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C-170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on Standard essential patents (SEPs). Germany has been known as a (...)

Assimakis Komninos, Ian Forrester, James Killick The EU Court of Justice holds that parent companies may be fined for repeated infringements even without being an addressee of the earlier decisions (Versalis)

624

On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in Versalis , concerning the increasing of fines for antitrust infringements where a company is found to be a repeat offender. The judgment raises important questions about the respect for the rights of defence in EU (...)

Daniel Hoppe-Jänisch, James Killick, Katarzyna Czapracka The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)

250

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

Axel Schulz, James Killick, Jérémie Jourdan, Mark D. 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)

378

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 (...)

17201 Review

Assimakis Komninos, Florence Ninane, Francesco Rosati, Geoffrey D. Oliver, Hendrik Bourgeois, Ioannis Lianos, James Killick, Johanne Peyre, Niamh McCarthy, Philippe Choné The EU guidance on exclusionary abuses: A step forward or a missed opportunity?

6637

Quelles sont les conséquences pour les entreprises de la Communication de la Commission concernant l’article 82 du Traité ? Rend-elle l’action de la Commission plus prévisible ? L’utilisation de nombreux critères économiques réduit-elle le risque que les pratiques pro-concurrentielles des entreprises (...)

Atilano Jorge Padilla, James Killick, Josef Drexl Standard setting organizations and processes: Challenges and opportunities for competition and innovation (New Frontiers of Antitrust, 15 June 2015, Paris)

434

In this roundtable, speakers discuss the challenges and opportunities that the standard setting organizations and processes represent for competition and innovation. First, Josef Drexl’s introductory remarks focus on defining the scope of the roundtable. In the second contribution, Jorge Padilla (...)

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