Geradin Partners appears on CNBC’s flagship business show

Geradin Partners appears on CNBC’s flagship business show

London-based partner, Tom Smith, appeared on CNBC’s Squawk Box on 23 August 2023 to discuss the CMA’s investigation into the restructured Microsoft/Activision merger after the initial deal was blocked by the agency in April 2023. Under the new proposal, Microsoft has offered to divest Activision’s global cloud streaming rights (excluding the EEA) to Ubisoft for a period of 15 years. Tom commented on the novelty of the restructured deal, whereby the rights are being handed over to a third party, compared to the more traditional behavioural remedy that allowed Microsoft’s original proposal to be approved by European regulators. Tom also spoke generally about the CMA’s recent approach to Big Tech deals and the tough stance they have taken since Brexit, including an explanation of the CMA’s greater power to prevent mergers compared to their US counterparts.

The CMA has until 18 October 2023 to make a phase 1 decision on the restructured deal. Assuming the CMA clears the deal, this would draw a close to the lengthy merger control proceedings in this case with more than 40 competition authorities worldwide having investigated it.

A recording of the broadcast is available on CNBC’s website.

Geradin Partners shortlisted for Financial Times award

Geradin Partners has been shortlisted for the Financial Times Innovative Lawyers’ Award, in the category of Innovation in Disputes. The firm has been nominated for its innovative approach to competition and regulatory issues in digital markets, where it has acted on behalf of firms that rely on the services of digital gatekeepers. Geradin Partners has been offering its clients cross-tool and multijurisdictional solutions that have been highly effective. For example, it has played a major role in legislative proposals in the EU and UK, competition investigations in the EU, France, UK, Netherlands and worldwide, and litigation in the UK and various EU Member States, all aimed at tackling gatekeeper issues in digital markets. This has changed the landscape for what can be achieved on behalf of challengers. We are grateful to our clients for the trust we have been given and to our team for the hard work and collegiality.

Geradin Partners leads multiple digital markets discussions at leading EU and UK events

Partners Konstantina Bania, Tom Smith and Stijn Huijts all spoke at leading events on recent developments relating to the EU Digital Markets Act and UK Digital Markets, Competition and Consumers Bill.

Ms Bania was invited to speak at the annual conference of the Academic Society for Competition Law (ASCOLA) on 29 June in Athens where she presented on the interplay between the Digital Markets Act and other rules governing the platform economy. Ms Bania was also invited to speak at a panel on the regulation of ad tech organised by Newcastle University on 27 June alongside other leading technology lawyers and a CRA economist. Mr Smith was invited to speak at an event by the News Media Association in the UK Parliament on 3 July 2023 alongside speakers including the CEO of ITN, Associate Editor of the Press Gazette, CEO of the News Media Association, and Director of the Digital Markets Unit. Mr Huijts spoke at the GCR Law Leaders Europe event in Brussels on 29 June alongside the European Commission’s Head of Unit and partners at Slaughter and May, Allen & Overy and Frontier Economics.

Geradin Partners’ presence at these leading events demonstrates its recognised excellence in regulatory and competition matters involving digital markets.

Geradin Partners appears on the UK’s leading morning show

London-based partner, Tom Smith, appeared on the BBC’s Today Programme on 15 June 2023. He spoke about the announced merger between Vodafone and Three, which are two of the country’s four mobile network operators. He explained the UK merger control process, the Competition and Markets Authority’s longstanding opposition to 4-to-3 telco mergers and its recent interventionism in mergers. He discussed the likely competition and national security issues relating to this deal.

The deal will be analysed in detail by the CMA with a final decision on whether to allow it to proceed not expected until next year.

Geradin Partners gives evidence to UK Parliament on the Digital Markets, Competition and Consumers Bill

The Digital Markets, Competition and Consumers Bill will put in place a new regulatory regime in the UK for the Big Tech firms. The legislation is going through Parliament and the Public Bill Committee invited leading experts to give evidence in formal hearings.

London-based partner, Tom Smith, appeared before the committee on 15 June 2023. He discussed the design of the new regime and the drafting of the Bill, including issues around the amount of discretion being given to the new regulator, called the Digital Markets Unit, and the pros and cons of the different proposed appeal standards. He discussed with the Members of Parliament how the UK compares with other jurisdictions around the world and how it would protect investment and innovation in the British economy. Tom was the only private practice lawyer to be invited to appear.

The hearings were televised and available on the Parliament’s website.

Geradin Partners seeks outstanding competition law associate

Geradin Partners, a leading competition law boutique firm with offices in Brussels and London, is looking for an outstanding mid-level associate. While we operate in a range of sectors, we are particularly known for our expertise in the tech sector where we represent some of the world’s leading actors.

We work on cutting edge cases (including some of the highest profile investigations and litigation in the tech space) and generate results for our clients. Lawyers don’t do any dull work here.

We are looking for someone with: (i) excellent academic results from a leading university (LL.M. a clear plus); (ii) excellent knowledge of EU competition law and 3-5 year experience in a leading international law firm or a competition authority; (iii) excellent spoken and written (quasi-native) English; (iv) EU qualified; (v) a commercial mindset.

Geradin Partners offers a highly-professional, yet relaxed, diverse and friendly work environment, and the opportunity to work on cutting-edge cases in a fast growing law firm. We work in a non-hierachical mode where associates are allowed to work with senior lawyers on highly interesting matters.

This position is based in our Brussels office.

Compensation is commensurate with experience.

Please apply by sending an email to info@geradinpartners.com

We will not consider candidates presented by agents.

Find out more about our firm.

Read the latest insights on our platform law blog.

The Responsible Online Commerce Coalition (ROCC): Businesses team up to ensure a level playing field in e-commerce

The Responsible Online Commerce Coalition (ROCC) is a trade association for businesses that rely on Amazon and other large online commerce platforms to reach their customers. Founded in March 2023 by Geradin Partners (in the EU and UK) and Cuneo Gilbert & LaDuca (in the US), ROCC is working to ensure fair play for all businesses that operate in online commerce—from the very smallest third-party sellers to the world’s largest household brands. 

ROCC’s central aim is to ensure a level playing field where businesses that offer the best products can prosper because consumers can easily find and buy their genuine products for the best price. Its members appreciate the important role that Amazon and other online marketplaces play in the modern economy and want consumers and businesses to enjoy the substantial benefits that flow from free and fair online commerce now and well into the future. 

ROCC will promote 12 key principles relating to the fair and non-discriminatory treatment of businesses that rely on online commerce to reach their customers. These principles include competitive pricing for seller commissions and fees, brand integrity (including protection from counterfeit products), the freedom to offer discounts and lower prices across different sales channels, the ability to choose rather than be forced to use a given platform’s services, access to and control over proprietary and competitively sensitive data, and the provision of objective search results. 

ROCC’s focus is primarily on the U.S., the European Union, and the UK, but these issues are global in scope. It will work constructively with policymakers, legislators, competition authorities and courts. Its objective is to make balanced and evidence-based proposals that will help educate all stakeholders and improve the quality of debate at a time when multiple jurisdictions are working to establish the rules of the road for digital markets.

ROCC has been founded by Damien Geradin and Tom Smith of Geradin Partners and Amanda Lewis of Cuneo Gilbert & LaDuca (who led the Amazon aspects of the seminal US House Sub-Committee investigation into digital markets), with significant input from leading industry expert, Jason Boyce of Avenue7Media. Please get in touch if you have any queries.

Interview with Sarah Cardell, CEO of the UK Competition and Markets Authority

Geradin Partners had the pleasure of interviewing Sarah Cardell, the newly-appointed Chief Executive of the UK’s Competition and Markets Authority (CMA).  In the interview, Ms Cardell explains the priorities of the CMA and how the forthcoming Digital Markets Unit regime will level the playing field in the digital sector so that innovative companies can thrive. She gives an insight into what to expect over the coming months and years, and what the role of traditional competition law will be in digital markets. She also discusses the CMA’s merger control policy following its recent increased interventionism in mergers.

The full interview is on The Platform Law Blog, the firm’s blog about competition, regulation and privacy in the digital era.

Geradin Partners files UK competition claim against Google in relation to ad tech

Today, Geradin Partners and UK litigation firm Humphries Kerstetter have filed a competition claim valued at up to £13.6 billion at the UK Competition Appeal Tribunal, alleging serious anti-competitive practices against Google and its parent company Alphabet Inc. The claim alleges that Google abused its dominant position in the market for online advertising, earning super-profits for itself at the expense of the tens of thousands of publishers of websites and mobile apps in the UK.

The claim will be headed by Claudio Pollack, a former Ofcom director, and is funded by Harbour. The Geradin Partners team consists of Damien Geradin and Stijn Huijts (partners), David Gallagher (counsel), Dimitrios Katsifis (senior associate) and Simay Erciyas (associate).

The UK claim is to be followed by an EEA-wide claim to be brought in the Netherlands in early 2023, together with Amsterdam-based law firm Stek.

Read our press release of the competition claim, valued at up to £13.6 billion, which Humphries Kerstetter.

Damien Geradin interviews Andreas Schwab MEP, architect of the EU’s Digital Markets Act

Damien Geradin, founding partner of Geradin Partners, had the opportunity to interview Andreas Schwab MEP, the Chief Rapporteur at the European Parliament who led the passage of the Digital Markets Act.  Mr Schwab gives his valuable insights into this momentous piece of legislation that will significantly affect the functioning of competition in the tech sector in the years to come. Please see the video here:

The interview was recorded as part of an event on digital gatekeeping and the future of media at the UK Parliament on 22 November 2022.  The event was hosted the Chair of the All-Party Parliamentary Group for Media, Andy Carter MP, and was timely following confirmation from the UK Government last week that the UK’s Digital Markets Unit legislation would be brought before Parliament during its current session.

Keynote speeches were delivered by Sarah Cardell, Interim CEO of the Competition and Markets Authority, and Baroness Tina Stowell, Chair of the House of Lords Communications and Digital Committee.  Damien Geradin chaired the panel discussions where speakers included Paul Oldfield, Controller of Policy at the BBC, Owen Meredith CEO of the News Media Association, and John Battle, Head of Legal Compliance at ITN.  They discussed the flexibility of the proposed UK regime, which is designed to be able to evolve alongside this fast-moving industry, and how the framework will encourage innovation and growth in the UK tech sector.