Stephan Barthelmess is senior counsel for Cleary Gottlieb based in Brussels. His practice focuses on German and European competition law, including administrative and civil litigation before the German and European courts. He is based in Brussels and Frankfurt. Stephan Barthelmess has published various articles in the field of antitrust law, and is a co-author of the Loewenheim commentary on European and German antitrust law (2008).Recent matters handled by Mr. Barthelmess in the area of merger control include the representation of EMC in merger control proceedings before the German Federal Cartel Office concerning the acquisition of a large patent portfolio of Novell by CPTN, a consortium of EMC, Microsoft, Apple and Oracle ; of Gazprom in merger control proceedings before the European Commission regarding the acquisition of full control over Wingas ; of construction materials company Xella in merger control proceedings before the Federal Cartel Office and the German courts concerning its proposed acquisition of the Danish company H+H ; and of The Coca-Cola Company with respect to the acquisition of the Apollinaris mineral water business. Mr. Barthelmess also has substantial experience advising clients in cartel and other antitrust investigations, including the representation of US chemicals company DuPont in an ongoing Commission investigation into alleged anti-competitive behavior in connection with its cooperation with Honeywell concerning the development and production of a new environmentally sustainable automotive air conditioning refrigerant ; MediaSaturn Holding in the EU proceedings against Intel for abuse of a dominant position ; and the ongoing European Commission investigation in the consumer electronics industry. Litigation matters recently handled by Mr. Barthelmess include the representation of IMAX Corporation in various proceedings involving antitrust aspects against several operators of IMAX movie theaters in Germany ; of KM Europa Metal AG in proceedings before the Higher Regional Court in Celle and its constitutional complaint against the service of US class action complaints involving antitrust aspects ; and of mobile telecommunications company Huawei in the ongoing referral proceeding before the European Court of Justice relating to patent infringement litigation before the Düsseldorf Regional Court based on Standard Essential Patents. Mr. Barthelmess joined the firm in 1986 and became a partner in 1995. He has been resident in the New York, Brussels, Paris and Frankfurt offices. Mr. Barthelmess received an LL.M. degree from the University of Michigan Law School in 1986 and obtained a doctorate in law (Dr. jur.) from the University of Erlangen-Nuremberg Law School in Germany in 1987. He also obtained a prediploma from the University of Erlangen-Nuremberg Business School in 1983. He passed his second state examination in the State of Bavaria in 1985 and the first state examination at the University of Erlangen-Nuremberg in 1982. Mr. Barthelmess is a member of the Bars in Frankfurt am Main, New York and Brussels. He was a member of the Bar in Paris from 1992 to 1993. His native language is German, and he is fluent in English and French.
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s (...)
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