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Axel P. Schulz

White & Case (Brussels), White & Case (Dusseldorf)
Lawyer (Partner)

Axel is the Executive Partner of the Brussels office. 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.

Distinctions

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White & Case (Washington)

Articles

3726 Bulletin

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

27

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)

20

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 D. Powell, Nicholas Putz, George Paul, Rebecca H. Farrington, 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

191

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 (...)

Axel P. Schulz, Fanny Abouzeid, Joao Lacerda The UK Competition Authority decides to close its investigation into a pharmaceutical company’s discount scheme, concluding that it is not likely to limit competition (Remicade)

16

On 14 March 2019, the CMA decided to close its investigation into pharmaceutical company MSD’s discount scheme for the medicine Remicade, concluding that it was not likely to limit competition. Previously, the CMA had issued a statement of objections, alleging that MSD abused its dominant (...)

Mark D. 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)

103

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 that (...)

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)

783

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 (...)

Axel P. 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)

921

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)

201

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)

440

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 (...)

Axel P. Schulz, Ian Forrester, Mark D. Powell The EU Court of Justice Advocate General Sharpston voices opinion on the standard of judicial review over fines in cartel cases (KME)

169

This article is the winner of the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an Opinion delivered on 10 February 2011, Advocate General (‘AG’) Sharpston of the European Court of (...)

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