White & Case (Brussels)

Axel P. Schulz

White & Case (Brussels)

Axel is the Executive Partner of the Brussels office of White & Case. He supports clients in a broad range of German and European Commission competition law matters. Regularly called upon to head up teams of the Firm’s lawyers, Axel is noted for his skill in coordinating advice across multiple offices and territories, to provide his clients with clear and creative solutions to their problems. Axel’s significant track record includes a number of high-profile competition cases, such as ’Toshiba v. Commission’ – in which the General Court of the European Union annulled in full the €90.9 million fine imposed on Toshiba by the European Commission, for its alleged participation in the Gas Insulated Switchgear cartel. He also worked on Toshiba’s Cathode Ray Tube appeal, as well as the oral hearings in T-113/07 before the European Court of Justice, and the Transformers (Case COMP/39.129) hearing before the General Court.


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5851 Bulletin

James Killick, Axel P. Schulz, Strati Sakellariou-Witt, Irina Trichkovska, Jérémie Marthan, Jean-Luc Champy, Nina Frie, Jia Liu The EU Commission adopts a regulation that introduces rules on the implementation of the Foreign Subsidies Regulation


The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies’ foreign financial contributions ("FFCs") received from non-EU countries (or (...)

James Killick, Jérémie Jourdan, Axel P. Schulz, Irina Trichkovska The EU Parliament and Council of the EU adopt their long-awaited Foreign Subsidies Regulation which gives the Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market


On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A (...)

Jérémie Jourdan, Katarzyna Czapracka, Axel P. Schulz, Tilman Kuhn, Peter Citron The EU General Court confirms the Commission’s decision fining an audio visual company €28M for gun jumping in warehousing scheme (Canon / Toshiba)


On 18 May 2022, the EU General Court (GC) upheld the European Commission’s (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms that structures such as the one at issue are not allowed under EU law (...)

Strati Sakellariou-Witt, Axel P. Schulz, Katarzyna Czapracka, Tilman Kuhn, Martina Castrén The EU General Court dismisses a €1.7B claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT)


On 23 February 2022, the EU’s General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC). UPS sought compensation for the losses resulting from the EC’s decision to block UPS’ merger with TNT NV (TNT). The GC, (...)

Axel P. Schulz, Fanny Abouzeid, Joao Lacerda The UK Competition Authority along with EU Member States cracks down on excessive pricing in the pharmaceutical sector (Pfizer / Flynn / Actavis)


Competition authorities have been traditionally reluctant to pursue excessive pricing cases since many of them had failed on the facts. However, in recent years, there has been a resurgence of the topic in pharma-related cases. In particular, the national competition authorities have led the (...)

Axel P. Schulz, Fanny Abouzeid, Joao Lacerda The French Competition Authority imposes fines totalling €444 million on three laboratories for abuse of collective dominance in the market for the treatment of age-related macular degeneration (Novartis ; Roche ; Genentech)


On 9 September 2020, the French Competition Authority (FCA) imposed fines totalling €444 million on three laboratories (Novartis, Roche and Genentech) for having abused their collective dominant position in the market for the treatment of age-related macular degeneration (AMD). The facts that (...)

Heather Greenfield, Mark Powell, Nicholas Putz, George Paul, Rebecca Farrington (Hilberman), Axel P. Schulz, Jan Jeram The US DoJ and FTC implement policies in response to COVID-19 including new measures to the HSR e-filing system


Last week, in response to the outbreak of the Coronavirus disease (COVID-19), the antitrust agencies in the United States and European Union issued policies that will affect, and may delay, merger filings and reviews. On March 13, 2020, the US Department of Justice (“DOJ”) and Federal Trade (...)

Mark Powell, Axel P. Schulz, Jan Jeram The EU General Court holds that institutional investors can face parental liability for infringement of EU competition law (Power Cables cartel)


On 12 July 2018, the EU’s General Court handed down 12 judgments relating to the power cables case. Among these was a judgment which confirmed that a parent company able to exercise all the voting rights in a subsidiary is presumed liable for any infringement of the EU competition rules by (...)

Assimakis Komninos, James Killick, Jacquelyn MacLennan, Jérémie Jourdan, Strati Sakellariou-Witt, Jan Jeram, Axel P. Schulz The EU Court of Justice endorses an effects-based assessment of rebates (Intel)


This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") (...)

Axel P. 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)


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


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 P. 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)


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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