Media Mentions
2010
Clive Stanbrook and McDermott Will & Emery were mentioned in stories by Law360 (June 23) and Global Competition Review (June 24) concerning the European Commission’s fine against 17 bathroom fixture manufacturers for allegations of price fixing. Mr. Stanbrook and the Firm were co-counsel to one of the companies, Ideal Standard. Law360 noted that the company received a 30 percent reduction in its fine because of its cooperation.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition
David Marx was quoted in a February 19 Law360 story concerning a New York federal judge’s rejection of class certification for a group of nurses whose lawsuit alleges that a group of hospitals in upstate New York violated antitrust laws by conspiring to keep the nurses’ wages low. “We are happy that the judge reaffirmed his previous ruling that even a narrower class could not be certified as to the issues of injury-in-fact and damages,” declared Mr. Marx, who represents an Albany medical center that is one of the defendant in the suit. He added that Judge McAvoy’s ruling was particularly satisfying because it “rejected the plaintiffs’ belated attempt to seek certification of a different class, both because it was procedurally improper and factually unjustified.”
David Marx Jr., Health - Antitrust, Trial
David Marx was quoted by Law360 on February 18 concerning a Chicago federal court’s decision granting summary judgment in favor of Mr. Marx’s hospital client in an antitrust suit brought by developer and operator of medical centers. The suit had contended that the hospital had lobbied local officials in Lake Bluff, IL to reject a building permit for a new medical center. “This case reaffirms the principle that a land or zoning dispute, which frequently pits one competitor against another – like this case did – doesn’t necessarily constitute an antitrust case,” Mr. Marx said. He added that the case “helps illustrate the difference between legislative conduct and adjudicative conduct.”
David Marx Jr., Health - Antitrust, Trial
2008
Joseph F. Winterscheid was quoted on May 28 in Competition Law360 regarding China’s new anti-monopoly law, questioning how China’s hybrid economy will affect the new antitrust law. "Applying free market competition, capital market type rules, and overlaying that on the Chinese economy gives rise to heightened uncertainty. It’s going to be very important to see how much independence the Chinese competition authority has," he said. The transition period will require companies to ramp up their attention to local issues and to build relationships with local experts. "You have to take into account local nuance. You have to have your eye on the global view, but in execution, in tactics, you need to be sensitive to the local. It's going to be critically important for firms to be guided by local experts that are up to the minute on enforcement developments and local customs," he said.
Joseph F. Winterscheid, Antitrust & Competition
Philip Torbøl was quoted in the May 22 edition of European Voice in relation to Microsoft's appeal against fines imposed by the European Commission for non-compliance with a 2004 ruling that it should share its code on reasonable terms with rivals and cease bundling Windows Media Player in the Windows operating system. "Industry is saying 'enough is enough'. The more the Commission insists on imposing these enormous fines, the more industry will revolt," said Mr. Torbøl. "In the absence of legal measures for private enforcement of antitrust law, the Commission has decided to take matters into its own hands and apply big fines to compensate."
Philip Torbøl was quoted in the March 27 issue of Competition Law360 in an article titled "Lower Fares, More Mergers On Horizon For Airlines", regarding the Open Skies agreement between the United States and the European Union. Mr. Torbøl discussed the benefits to travelers due to increased competition, as well as the inevitable consolidation in the market as airlines will have more incentive to merge. He concluded that, "This Open Skies agreement has brought us one step of the way. We're not all the way there to a liberalized EU-US air transport market. But already, on some routes it will allow much more competition, and that will bring prices down."
Joel R. Grosberg was quoted in the March 1 issue of CFO Magazine in an article regarding potential obstacles for global transactions including a Democratic White House, an increasing number of jurisdictions with the right to review a deal's antitrust implications and antitrust rules in China and India. As a partner in McDermott's Antitrust and Competition Practice, Mr. Grosberg stated that if the White House goes to a Democrat, "CFOs should expect that antitrust enforcement will be more aggressive." In India, where there are no minimum thresholds for filing acquisitions and a 210-day review period is standard, Mr. Grosberg noted that even "if your deal raises no issues, you could be held up for seven months."
Joel R. Grosberg, Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
Philip Torbøl was quoted in a February 26 article published by the Danish newspaper Børsen in relation to the differences between acting before the Danish authorities and the European Commission. He explained that to be successful in cases before the European Commission you have to build up and utilize your network, understand cultural nuances and be very persistent. A spokesman for McDermott's client Dansk Kollektiv Trafik was also quoted as saying that they would not have progressed as far in their case if they had used a law firm in Copenhagen, and that "it is my experience that it is necessary to have somebody who is there [in Brussels] and who knows the system."
2007
Philip Torbøl was quoted in a November 7 article in the Danish business newspaper Børsen in relation to an anti-dumping case concerning steel fasteners.
Philip Torbøl was quoted in a September 18 article in the Danish business newspaper Børsen in relation to the European Court of First Instance's Microsoft Judgment. The article discussed the Court's rejection of Microsoft's appeal of a 497 million euro fine for abuse of dominant position that the European Commission had imposed on the company in 2004. Mr. Torbøl warned that the Commission will now feel free to use the same methodology in other cases involving companies with very high market shares.
Philip Torbøl was interviewed in the July 4 edition of the Danish business newspaper, Børsen, in relation to the introduction of a leniency program in Danish antitrust proceedings. Mr. Torbøl explains the effect that leniency has had on cartel cases in the EU and gives his view on how the introduction of a similar system in Denmark is likely to impact new Danish cases.
Philip Torbøl was quoted in the June 27 issue of Competition Law360 regarding the European Commission’s decision to prohibit the merger between Ryanair and Aer Lingus. “We have seen mergers in the airline sector and the Commission has generally been promoting that airlines should merge,” Mr. Torbøl commented. The most recent and significant merger was Air France and KLM….The problem here is that it appears that the Commission is still looking relatively narrowly at the definition of the market and is afraid that the competition in the EU market is not strong enough to compensate for large market shares in a Member State. The fact that the parties did not withdraw the notification indicated that they were interested in appealing. In most instances, if the parties see that their merger isn’t going to go through, they withdraw their notification and abandon the merger.”
Philip Torbøl was quoted in the March 22 issue of the Danish business newspaper Børsen. He was interviewed in relation to the EU/US Open Skies negotiations, in which he is representing parties in the airline industry.
, Antitrust & Competition, Brussels, EU Competition
Philip Torbøl was quoted in the 5 March edition of the Danish business newspaper Børsen in relation to the EU / US Open Skies negotiations. Mr. Torbøl is mentioned as representing parts of the European airline industry.
, Antitrust & Competition, Brussels, EU Competition
Philip Torbøl was quoted in the 2 March edition of Competition Law360 regarding the agreement of a preliminary deal in the EU / US Open Skies negotiations. He was mentioned as an advisor fo the European aviation industry and spoke about the ultimate goal of having a completely open aviation market.
, Antitrust & Competition, Brussels, EU Competition
Philip Torbøl was quoted in the 6 February edition of Competition Law360 regarding the EU / US Open Skies negotiations. He was interviewed during the latest round of talks taking place in Washington, aimed at liberalizing the transatlantic aviation market and replacing current bilateral air agreements between the US and various EU Member States.
Philip Torbøl was profiled in an article in the 19 January issue of the Danish business newspaper Børsen in relation to the recent expansion of the Brussels office, resulting in the largest concentration of Danish lawyers in one single Brussels law firm.
