

James Killick
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).
Distinctions
Nominee, 2020 Antitrust Writing Awards: Business, Procedure
Nominee, 2020 Antitrust Writing Awards: Business, Unilateral Conduct
Nominee, 2019 Antitrust Writing Awards: Business, Unilateral Conduct
Nominee, 2019 Antitrust Writing Awards: Academic, Unilateral Conduct
Nominee, 2018 Antitrust Writing Awards: Business, Unilateral Conduct
Nominee, 2016 Antitrust Writing Awards: Academic, Intellectual Property
Nominee, 2015 Antitrust Writing Awards: Business, General Antitrust
Winner, 2014 Antitrust Writing Awards: Business, Private Enforcemant
Linked authors
11501 | Conferences
Articles
14404 Bulletin
147
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)
479
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!* Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) (...)
546
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)* On 16 January 2019, the Court of Justice of (...)
461
I. Introduction In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the phar- maceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the (...)
658
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") cannot (...)
391
Background On 15 June 2012, the global specialist transport and logistics provider United Parcel Services (“UPS”) notified the European Commission of its proposed acquisition of TNT Express NV (“TNT”) under the EU Merger Regulation. UPS and TNT are both active on international express small (...)
828
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 (...)
179
The entry into force of the UK Consumer Rights Act 2015 (the “CRA”) on 1 October 2015 marks the introduction of opt-out class actions in the UK, further transforming the legal landscape for private damages claims in the UK. Together with further changes as a result of the UK’s implementation of (...)
412
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 (...)
197
On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed at identifying and resolving cross-border barriers to e-commerce in (...)
758
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 (...)
1145
The interaction between competition rules and intellectual property (“IP”) rights continues to be the source of lively debates in Brussels and other capitals across the globe. IP lawyers lament that competition lawyers do not understand IP rules and that competition intervention undermines the (...)
313
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the (...)
250
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 (...)
1405
Introduction On 11 September 2014, the Court of Justice (ECJ) rendered its judgment in the Cartes Bancaires case . The ECJ quashed the General Court (GC) judgment for failing to correctly apply the notion of restriction by object. The Cartes Bancaires contains two key messages: first, the (...)
164
The European Commission (“EC”) has long sought to eliminate so-called harmful tax competition, which it sees as undermining the integrity of the internal market, fair competition and the fiscal sustainability of the Member States. Although the EU Member States remain sovereign in this area, over (...)
108
On 9 April 2014, the European Commission adopted its new Energy and Environmental State Aid Guidelines (the “EEAG”) which will take effect from 1 July 2014 onwards, replacing the Environmental State aid Guidelines (“EAG”) from 2008, which did not cover State aid to the energy sector. The EEAG set (...)
273
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. MOFCOM Shows Teeth Against Gun Jumping* Summary On 20 March 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a notice announcing (...)
149
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Executive Summary On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the report (...)
161
On 11 June 2013, the European Commission ("Commission") adopted a proposal for a directive on how citizens and companies can bring damages claims under EU antitrust rules. According to the Commission, the proposal serves to remove a number of practical difficulties which claimants face when (...)
691
The interaction between competition rules and intellectual property ("IP") rights has long been among the most interesting, controversial and widely discussed issues in competition law. At a first glance, the objectives of IP law and competition rules might seem to be at odds with each other. On the one hand, competition rules prohibit conduct that restricts competition and thereby leads to lower output and higher prices. On the other, IP law creates exclusive rights that limit access to information, technologies and other intangible assets.
496
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 (...)
456
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 (...)
432
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 (...)
340
Today, the Office of Fair Trading ("OFT") launched a review of barriers to entry, expansion and exit in retail banking.[1] The review comes at a time of when the UK Government has significant stakes in a number of major retail banks, which it will wish to divest over time. The purpose of the (...)
564
I. BACKGROUND The European Commission published the 24th February 2009 a Communication containing its long-awaited Guidance Paper on exclusionary abuses under Article 82 C(Commission Communication – Guidance on the Commission’s Enforcement Priorities in Applying Article 82 EC Treaty to Abusive (...)
409
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 (...)
600
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 (...)
366
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, (...)
653
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 (...)
373
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 (...)
18414 Review
791
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 (...)
1697
The authors of this Trends focus on several decisions delivered in the United States and in Europe, related to pay-for-delay settlements in the pharmaceutical sector. This type of settlements has spread in the past few years, and aim to postpone the arrival of generics on the market, with (...)
4334
Ces trois brefs articles présentent les politiques de standardisation en matière de brevets. Selon le premier article, le bon développement des stratégies des entreprises et des gouvernements ne serait qu’une illusion pour de nombreux acteurs dans l’état actuel de la standardisation des PIC. Une (...)
4769
On 8 July 2009, the European Commission’s released its long-awaited Final Report on its Pharmaceutical Sector Inquiry. The Final Report suggests that the shortcomings of the regulatory framework are a key explanatory factor for delayed generic entry and limited innovation. Meanwhile the Final (...)
6823
What are the consequences for business of the Commission’s Communication on Article 82 of the Treaty? Does it make the Commission’s action more predictable? Does the use of a wide range of economic criteria reduce the risk that pro-competitive practices by dominant companies will be considered (...)
Books

This two-volume Liber amicorum is a collection of tributes to Ian Forrester’s outstanding career and articles signed by prominent academics and practitioners around the world on the most current (...)