Simon Baxter

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Lawyer (Partner)

Simon Baxter is co-head of the European Antitrust and Competition Group. He has extensive experience of European and international antitrust regimes and focuses on the antitrust aspects of mergers and acquisitions, as well as advising businesses on regulatory investigations and other compliance issues. He has counseled clients such as CHINALCO (Aluminum Corporation of China), General Electric, InBev, Kraft, Macquarie, Nokia Siemens Networks, Novell, American Express, BHP Billiton, Sun Chemical Corporation, J.P. Morgan and Yahoo! on merger investigations and compliance matters before the EU Commission, the U.K.’s office of Fair Trading, the Anti-Monopoly Bureau of China’s MOC and other agencies worldwide. He advised Novell on the sale of its intellectual property portfolio to Microsoft Corporation, and ArcelorMittal S.A. on its joint bid for Macarthur Coal Limited. Mr. Baxter is a regular speaker on competition law and is recognized as a leading practitioner by Legal 500, Chambers and other directories. He is described by Legal 500 EMEA 2010 as having “superb knowledge of competition law” and being “practical and business-oriented.” Chambers 2011 describes him as having a “deep knowledge of merger control.” Who’s Who Legal: Competition Lawyers & Economists 2011 also named Mr. Baxter as a leading practitioner in his field.

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Dentons (Brussels)
Institut d’économie Industrielle (IDEI)
European Court of Justice (Luxembourg)
Jones Day (Brussels)
DG COMP (Brussels)

Videos

Simon Baxter - Antitrust law and policies from Brussels to Washington D.C.: The Atlantic divide
Simon Baxter 16 October 2015 Bruxelles

Articles

5374 Bulletin

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Michael J. Frese, Simon Baxter The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions (Gasorba / Repsol)

344

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Simon Baxter The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)

467

On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The French Competition Authority and German Federal Cartel Office publish a joint report on big data and its implications for competition law

381

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that antitrust authorities should consider when assessing the interplay among (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)

216

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E - Microsoft / BesTV - Bombardier / CSR Nanjing Puzhen - Suzhou Erye / Shanghai Fosun)

460

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change of control or the establishment of a joint venture . Despite these (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The General Court upholds in its entirety the European Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)

707

In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

Andrew L. Foster, Simon Baxter The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi)

430

Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

Andrew L. Foster, Simon Baxter The Chinese MOFCOM conditionally approves the acquisition of the HDD business of a Korean electronics company by a US competitor (Seagate / Samsung)

395

Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court confirms fine imposed by the European Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)

179

On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

Frederic Depoortere, Ingrid Vandenborre, James S. Venit, Simon Baxter The EU General Court imposes a high burden on the European Commission to refuse access to its confidential records (Editions Odile Jacob)

144

On June 9, 2010, the EU’s General Court (Court) issued its judgment on an appeal by Editions Odile Jacob (EOJ) against a decision by the European Commission (the Commission) refusing to disclose certain documents relating to the Commission’s review under the EC Merger Regulation of the (...)

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