Kyriakos Fountoukakos

Herbert Smith Freehills (Brussels)
Laywer (Partner)

Kyriakos is a partner in Herbert Smith Freehill’s EU Competition, Regulation and Trade group based in Brussels. He is a competition law specialist and deals with all aspects of EU and UK competition law including merger control, cartels, antitrust investigations and advice, and competition litigation before the EU courts. Kyriakos has advised clients in a broad range of industries including TMT, energy and mining, financial services, pharmaceuticals, transport and consumer goods. Kyriakos works closely with the Herbert Smith Freehills network to provide advice on multi-jurisdictional transactions and investigations. Kyriakos was formerly a European Commission official at DG Competition’s Merger Task Force and Referendaire (Legal Secretary) at the Cabinet of the then President of the EC Court of First Instance, Mr Bo Vesterdorf. Kyriakos is an officer of the IBA’s antitrust committee. He is active in speaking and writing about competition law and is co-editor of the mergers chapter of Jones & Van der Woude’s EU Competition Law Handbook. Kyriakos has studied at the University of Athens (LLB), King’s College London (LLM), the University of Cambridge (MPhil in European studies) and Columbia Law School, New York (LLM). He is qualified as a Greek lawyer and as a solicitor in England and Wales. Kyriakos is fluent in English, Greek and French.

Distinctions

Linked authors

Novartis (Brussels)
Herbert Smith Freehills (Paris)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Madrid)
Herbert Smith Freehills (Paris)
RBB Economics (Brussels)
Herbert Smith Freehills (London)

Articles

35291 Bulletin

André Pretorius, Henar González Durántez, Kristien Geeurickx, Kyriakos Fountoukakos, Michael Dietrich, Sergio Sorinas The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)

126

Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition Council), which concerns the antitrust treatment of a retroactive rebate scheme in the market for the distribution of bulk mail. The case (...)

Kyriakos Fountoukakos The UK Competition Authority orders licensing remedy to meet concerns over horizontal unilateral effects resulting from a merger in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)

273

Introduction and background On 4 November 2015, the UK Competition and Markets Authority ("CMA") accepted final undertakings from Reckitt Benckiser Group plc ("RB") and Johnson & Johnson ("J&J") in relation to RB’s proposed acquisition from J&J of the K-Y brand of personal lubricant (...)

Kristien Geeurickx, Kyriakos Fountoukakos The EU Court of Justice considers that the bilateral exchange between importers of pre-pricing information relating to the weekly quotation prices to a concerted practice with the object of restricting competition in breach of article 101 TFEU (Banana Cartel)

189

In its ruling of 19 March 2015 (Case C-286/13P) relating to the banana cartel, the Court of Justice of the EU (CJEU) dismissed the appeal by banana importer Dole against the General Court’s judgment in its entirety. The CJEU agreed with the Commission’s findings, supported by the General Court, (...)

Kyriakos Fountoukakos The UK Court of Appeal upholds the Competition Commission’s prohibition of a merger in the metal packaging coatings for beer and beverages market (Akzo / Competition Commission)

80

Background to the Court of Appeal judgment Akzo Nobel N.V. ("Akzo") is a company incorporated in the Netherlands. Its subsidiary, Akzo Coatings International BV ("ANCI"), was seeking to exercise its option to acquire 51% (and as a result control) of the shareholding in Metlac Holding S.r.l. (...)

Kyriakos Fountoukakos, Molly Herron The EU General Court upholds fine imposed on energy corporation for failing to notify a transaction highlighting the importance of compliance with EU merger control filing requirements (Electrabel)

580

1. Introduction On 12 December 2012 the EU General Court dismissed Electrabel’s appeal against the €20 million fine the European Commission had imposed on it for failing to notify a transaction - the acquisition of a minority shareholding - to the Commission under the EU Merger Regulation (...)

Kristien Geeurickx, Kyriakos Fountoukakos The ECJ dismisses pharmaceutical company’s appeal against Commission and EU General Court’s findings that it abused its dominant position by misusing patent systems and pharmaceutical marketing procedures in order to exclude generic competitors from the market and to restrict parallel imports (AstraZeneca)

1164

1. Introduction The Court of Justice of the EU (ECJ) has dismissed AstraZeneca’s appeal against the Commission’s and General Court’s findings that the company abused its dominant position under Article 102 TFEU by misusing the patent system and pharmaceutical marketing procedures in order to (...)

Kyriakos Fountoukakos The UK OFT accepts commitments offered by a party to a completed acquisition in lieu of referring the case to the Competition Commission (Vue Entertainment International / Apollo Cinemas)

299

In May 2012 Vue Entertainment International Limited ("Vue") acquired sole control of Apollo Cinemas Limited ("Apollo"). In its decision of 24 August 2012 published in October 2012, the Office of Fair Trading ("OFT") stated that the acquisition had resulted or may be expected to result in a (...)

Kyriakos Fountoukakos The UK Competition Commission finds that the joint venture between two of the largest suppliers of construction materials in the UK would give rise to substantial lessening of competition based on coordinated effects (Anglo American / Lafarge)

365

On 1 May 2012 the Competition Commission (CC) published its decision on the anticipated joint venture between Anglo American PLC and Lafarge SA in the market for construction materials. The CC concluded that the proposed joint venture would give rise to a substantial lessening of competition in (...)

Kyriakos Fountoukakos The UK Competition Commission gives a provisional clearance to the anticipated joint venture between in-flight catering services companies (Alpha Flight / LSG Lufthansa Service)

432

Introduction On 10 October 2011, the UK Office of Fair Trading (the «OFT«) referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited («Alpha«) and LSG Lufthansa Service Holding AG («LSG«) to the Competition Commission (the «CC«), for an (...)

Kyriakos Fountoukakos The UK OFT refers the anticipated joint venture between two in-flight caterers to the Competition Commission for in-depth investigation (Alpha Flight Group / Lufthansa Service)

232

Introduction On 10 October 2011, the UK Office of Fair Trading (the "OFT") referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited ("Alpha") and LSG Lufthansa Service Holding AG ("LSG") to the Competition Commission (the "CC"), for (...)

Kyriakos Fountoukakos The UK Competition Appeal Tribunal upholds the OFT’s decision that it is "in time" to investigate the acquisition of a minority shareholding in a merger case concerning the air transport sector (Ryanair/Aer Lingus)

1010

All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. The author would like to thank Natalia Sivakumaran, associate at Herbert Smith LLP in London, for her assistance with the preparation of (...)

Kyriakos Fountoukakos The UK OFT decides to clear proposed national address gazetteer joint venture on the basis of the de minimis exception (Ordnance Survey and Local Government)

105

I. Introduction and background Ordnance Survey (OS) is an independent non-ministerial government department which produces a wide range of mapping products. Local Government Improvement and Development (LGID) is the business name of the Improvement and Development Agency for Local Government (...)

Kyriakos Fountoukakos The UK Competition Appeal Tribunal orders the Competition Commission to reconsider its clearance of a merger on the basis of absence of vertical concerns (Live Nation / Ticketmaster)

1652

Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)

Kyriakos Fountoukakos The UK’s Office of fair trading clears merger in newspaper and magazine distribution sector by reference to forward-looking counterfactual (Completed acquisition by Smiths News Trading Limited of Certain Assets of Surridge Dawson Limited)

2244

On 28 August 2009, the UK’s Office of Fair Trading ("OFT") announced that it had unconditionally cleared the acquisition of assets by Smiths News from Surridge Dawson (the "Transaction"). Both parties were active in the supply of wholesale newspaper and magazine distribution in the UK. The (...)

Kyriakos Fountoukakos The UK office of Fair trading clears aspects of a merger in the commercial radio sector on the basis of efficiencies (Global Radio UK/ GCap Media)

3642

On 8 August 2008, the Office of Fair Trading (“OFT”) announced that it had cleared the London aspects of the acquisition by Global Radio UK Limited (“Global”) of GCap Media plc (“GCap”) on the basis that the acquisition was expected to generate significant efficiencies that will benefit advertisers (...)

Kyriakos Fountoukakos The UK OFT accepts undertakings in newspaper merger, clarifying that its de minimis guidance is not a "get out of jail free" card for small mergers (Dunfermline press / Berkshire regional newspapers)

4542

On 4 February 2008, the Office of Fair Trading ("OFT") announced that it had suspended its duty to refer Dunfermline Press Limited‘s ("DPL ") acquisition of the Berkshire Regional Newspapers ("BRN") portfolio of 8 local newspaper titles from Trinity Mirror plc to the Competition Commission (...)

Kyriakos Fountoukakos The UK’s OFT unconditionally clears a merger in the airline sector concluding that evidence of new market entry can mitigate high market shares (easyJet / GB Airways)

3322

On 18 January 2008, the UK’s Office of Fair Trading (“OFT”) announced that it had cleared unconditionally the purchase of GB Airways Limited (“GB Airways”) by easyJet Airline Company Limited (“easyJet”). The OFT focused on relatively narrowly defined markets, considering scheduled flights on (...)

1905 Review

Camille Puech-Baron, Kyriakos Fountoukakos China/EU: The gradual evolution of the EU Commission’s merger control decisional practice towards SOEs amidst an increasingly protectionist world

583

This article updates the article published by the authors in 2012 on the treatment of Chinese SOEs involved in acquisitions of European companies under the EU Merger Regulation. In this updated version, the authors discuss the lessons learnt in this regard from the European Commission decision (...)

Camille Puech-Baron, Kyriakos Fountoukakos The EU merger regulation and transactions involving states or state-owned enterprises: Applying rules designed for the EU to the People’s Republic of China

999

In 2011, the European Commission cleared five concentrations involving Chinese State-owned companies under the EU Merger Regulation using rules that were primarily designed to apply to European State-owned companies and entities. The sensitivity of the issue of Chinese takeovers of European (...)

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