Ianis Girgenson

VEON (Amsterdam)
Associate General Counsel

Ianis Girgenson is a Brussels-based consultant in EU competition law. He has been practicing competition law for 15 years in major U.S. law firms. He has represented clients before the European Commission and national authorities in 10 in-depth merger review proceedings (including Halliburton/Baker Hughes, Inco/Falconbridge, Euronext/LSE, Schneider/Legrand, and Lagardère/Editis) as well as in numerous Phase I cases and in several antitrust investigations. He has also represented clients before the EU General Court (e.g. in Ryanair v. Commission merger case) and before the French Conseil d’Etat. He graduated from Harvard Law School (LL.M.) and is admitted in Paris and New York.

Distinctions

Articles

16316 Review

Ianis Girgenson Interoperability: The European Commission approves the acquisition of an open-source software development platform by a leading supplier of computer software (Microsoft / GitHub)

102

On 19 October 2018, the European Commission approved the acquisition of U.S. company GitHub by Microsoft Corporation. Both parties are active in the supply of software development and operations (“DevOps”) tools. GitHub is a popular hosting platform for software development. Developers can join (...)

Ianis Girgenson Shipping: The European Commission clears a merger between two European container liner shipping companies subject to the target’s withdrawal from several consortia (Maersk Line / HSDG)

112

On 10 April 2017, the European Commission approved the acquisition of German container liner shipping company known as Hamburg Süd or HSDG by Danish group Maersk Line A/S (the decision was made publicly available a year later). Maersk is the largest container shipping company in the world while (...)

Ianis Girgenson Standard essential patents: The European Commission finds that a merger between two major players in the semiconductor industry raises conglomerate concerns (Qualcomm / NXP Semiconductors)

216

On 18 January 2018, the European Commission approved the acquisition of Dutch company NXP Semiconductors by U.S. group Qualcomm. Both parties were active in the supply of semiconductors. The Commission concluded that the transaction raised conglomerate concerns due to the parties’ strong (...)

Ianis Girgenson Unconditional clearance : The European Commission clears a four to three merger between two suppliers of small package delivery services in Europe and worldwide (FedEx / TNT Express)

156

On 6 January 2016, following an in-depth investigation, the Commission cleared without commitments the acquisition of the Dutch company TNT Express (³cTNT³d) by the US FedEx group. The full version of the clearance decision was published at the end of December 2016. The FedEx/TNT decision comes (...)

Ianis Girgenson Phase I : The European Commission conditionally clears a merger in the market for the supply of residential heating products, industrial heating products and metering products (Honeywell / Elster)

103

On 21 December 2015, the Commission approved, subject to commitments, the acquisition of the German company Elster by the US Honeywell Group. The parties were both active in the heating products sector and in the manufacture of gas meters. The transaction led to overlaps in many product (...)

Ianis Girgenson Phase I décision: The European Commission clears the acquisition of Aer Lingus by IAG subject to slot release and behavioral commitments on feed traffic (IAG, Aer Lingus)

148

On 14 July 2015, the Commission approved the acquisition of the Irish airline Aer Lingus by the IAG Group (combining British Airways, Iberia and Vueling). The clearance decision was adopted after a Phase I review and is subject to commitments. In particular, IAG undertook to divest five pairs (...)

Ianis Girgenson Phase II decision: The European Commission conditionally clears an acquisition reducing the number of suppliers from four to three on the market for fixed broadband in Spain (Orange, Jazztel)

134

On 19 May 2015, after an in-depth investigation, the Commission approved the acquisition of the Spanish company Jazztel by the French group Orange. Both parties were active in the provision of fixed internet access services in Spain. The transaction reduced the number of major Internet service (...)

Ianis Girgenson Joint ventures : The European Commission declares that the creation of a joint venture is not a reportable merger because the joint venture does not have sufficient resources to operate independently and, therefore, is not ’full-function’ (Lagardère, SNCF Participations, JV)

335

On 25 July 2014, the Commission decided that the creation by the Lagardère group and the SNCF company of a joint venture to operate points of sale in railway stations did not constitute a concentration as it was not a full-function joint venture. Relay, a subsidiary of the Lagardère Group, has (...)

Ianis Girgenson Important competitive force : The European Commission clears subject to remedies a four to three merger between the second and the fourth largest mobile operators in Ireland (Hutchison 3G UK, Telefónica Ireland)

226

On 28 May 2014, after an in-depth examination, the Commission cleared the acquisition of the Irish company Telefónica Ireland by the UK company Hutchison 3G UK. This is one of two mergers between mobile operators cleared by the Commission last year (see also Eur. Comm., Dec. 2 July 2014, (...)

Ianis Girgenson Phase I : The European Commission clears the creation of a joint venture between a retail bank and a Belgian telecommunications operator (BNP Paribas Fortis c/ Belgacom c/ Belgian Mobile Wallet)

132

On 11 October 2013, the European Commission authorised the creation of a joint venture between the Belgian bank BNP Paribas Fortis (a subsidiary of BNP Paribas) and the Belgian telecommunications operator Belgacom. The joint venture, Belgian Mobile Wallet, is intended to operate on the Belgian (...)

Ianis Girgenson Phase I : The European Commission authorizes the acquisition of the largest German pay TV operator by another telecommunication operator (Vodafone c/ Kabel Deutschland)

129

On 20 September 2013, the Commission approved the acquisition of Kabel Deutschland (hereinafter ’Kabel’) by Vodafone. Kabel operates cable networks in 13 German regions and is the leading pay-TV operator in Germany. Vodafone is (together with Deutsche Telekom) one of the two market leaders in the (...)

Ianis Girgenson Phase I : The European Commission approves two transactions involving commercial airlines operating on transatlantic routes (Delta Air Lines c/ Virgin c/ Virgin Atlantic ; US Airways c/ American Airlines)

102

Eur. Comm. 05.08.2013, Dec. Art. 6(1)(b) in conjunction with Art. 6(2), Case COMP/M.6607, US Airways / American Airlines In 2013, the Commission cleared two major transactions involving airlines operating transatlantic flights: the acquisition by Delta Airlines ("Delta") of joint control of (...)

Ianis Girgenson, Jennifer Boudet Commitments: The European Commission clears the merger of two manufacturers of medical devices notwithstanding their leadership in numerous product markets (Johnson & Johnson, Synthes)

193

On 18 April 2012, the European Commission cleared, subject to commitments, the acquisition of Synthes Inc. by Johnson & Johnson ("J&J"). This decision, published in May 2013, is a major victory for J&J. The deal (valued at $19.7 billion) gave rise to significant overlaps in the (...)

Ianis Girgenson Notification withdrawal: The European Commission cannot prohibit a concentration if the parties withdrew the notification and put an end to the proposed transaction in the form notified (MCI Inc./Commission)

4067

CFI, 28 September 2004, MCI Inc. v. Commission, Case T-310/00 On 28 September 2004, the Court of First Instance annulled the Commission’s decision prohibiting the merger between WorldCom (now MCI) and Sprint (ECC, COMP/M.1741, MCI WorldCom/Sprint, 28 June 2000, OJEC No L 300, 18 Nov. 2003, p. (...)

Ianis Girgenson Collective dominant position: The European Commission approves the creation of a joint venture between Sony and Bertelsmann notwithstanding the fact that this concentration reduces from 5 to 4 the number of main participants in the recorded music markets (Sony/BMG)

4295

EC Comm, 19 July 2004, Sony/BMG, Case COMP/M.3333 On 19 July 2004, the Commission approved the creation of Sony BMG, a joint venture combining the recorded music activities of Sony and Bertelsmann Music Group (BMG). The Commission adopted this decision after Phase II of the review without (...)

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