Mark D. Powell

White & Case (Brussels)
Lawyer (Partner)

Mark has been advising clients on competition law issues for nearly thirty years. His practice has a particular focus on the interface between competition law and sector-specific regulatory requirements, in such areas as telecommunications, pharmaceuticals, energy, the media and transport. Clients benefit from his considerable experience handling regulatory clearance for complex mergers and acquisitions, including Zimmer/Biomet, Telia/Telenor (abandoned), Acergy/Subsea7, HBO/Ziggo, and Sanofi-Aventis/Zentiva. His work on Aegean/Olympic II was so persuasive that it resulted in the European Commission clearing it in a Phase II proceeding- the first time that it had cleared such a deal, having previously prohibited it. In addition, Mark has developed a significant track record representing and advising clients involved in cartel investigations, in areas including Euribor derivatives, nucleotides, synthetic rubber, candle wax, calcium carbide, ball bearings and power cables. He has helped clients to make successful appeals to the European Commission regarding matters ranging from infringement decisions to the re-negotiation of fines. Based in Brussels and London, he is able to advise international clients on both European and UK market investigation and merger cases. Mark was singled out for recognition in the first edition of Euromoney’s Expert Guide to the World’s Leading Competition and Antitrust Lawyers. He has been described by clients in The Legal 500 EMEA as "very knowledgeable with a pragmatic and commercial approach… [and] a convincing style and self-confidence which… is very persuasive." Chambers has noted that clients value Mark as "a charismatic lawyer with terrific business sense" who is "practical and savvy" and "enjoyable, hard-working and client-friendly".

Distinctions

Linked authors

White & Case (Brussels)
White & Case (Brussels)
General Court of the European Union (Luxembourg)
White & Case (Brussels)
University Paris II Panthéon‑Assas
French State Council (Paris)
French Constitutional Council (Paris)
King’s College (London)

13467 | Conferences

Videos

Mark Powell (White & Case)
Mark D. Powell 17 May 2018 London
Mark Powell (White & Case)
Mark D. Powell 11 June 2018 Paris

Articles

4575 Bulletin

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

29

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 (...)

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)

661

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 (...)

Charles Balmain, Jean-Paul Tran Thiet, Mark D. Powell, Mark Gidley The English Court of Appeal requires French defendants to comply with disclosure orders despite the French "blocking statute" (Secretary of State for Health / Servier Laboratories)

155

The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior authorization to be obtained before doing so), present a challenge to those managing international litigation and (...)

Assimakis Komninos, Ian Forrester, Jacquelyn F. MacLennan, Kai Struckmann, Mark D. Powell, Pontus Lindfelt The European Commission adopts a package on private damages actions in antitrust cases

127

Summary 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 (...)

James Killick, Mark D. Powell The EU General Court partially annuls the Commission’s decision and reduces fines in a cartel case concerning the Dutch beer market (Netherlands Beer)

423

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 (...)

James Killick, Mark D. Powell The EU General Court holds for the first time that the Commission erred in relying on the presumption that a parent company is liable for the anticompetitive conduct of its wholly-owned subsidiary (Hydrogen Peroxide)

405

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 (...)

James Killick, Mark D. Powell The EU General Court partially annuls the Commission’s decision and reduces fines in a cartel case concerning the international removal services market in Belgium (Gosselin, Verhuizingen Coppens)

392

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 (...)

James Killick, Mark D. Powell The EU Court of First Instance overturns the European Commission’s decision to block a merger in the packaging equipment sector addressing the issues of conglomerate effects and leveraging (Tetra Laval / Sidel)

308

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, (...)

3105 Review

David Sevy, Frédéric Jenny, Mark D. Powell Private enforcement: Current issues

875

Ce dossier réunit trois contributions sur l’application privée du droit de la concurrence présentées le 5 juillet 2012 lors d’une conférence à Bruxelles organisée par la revue Concurrences. Dans la première contribution, Frédéric Jenny, président du Comité de la concurrence de l’OCDE, expose les (...)

Mark D. Powell TR III - Marchés de prescription: Les prescripteurs échappent-ils à l’analyse concurrentielle ? (New Frontiers of Antitrust Conference - Paris, 10 février 2012)

288

La troisième table-ronde de la conférence New Frontiers of Antitrust du 10 février 2012 à Paris était dédiée aux marchés de prescription. Bien que ce sujet ait déjà fait l’objet de nombreuses études économiques, il reste relativement inexploré en droit de la concurrence. L’auteur trace un bref aperçu des (...)

Books

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