Charles Pommiès
Counsel
Brussels
Charles Pommiès
Counsel
Brussels
Contact Details
Charles specialises in competition law and foreign investment review. His practice covers a broad variety of matters, including assisting leading U.S., European and Asian companies in antitrust investigations (cartels and abuses of dominant position), merger control reviews and foreign investment reviews.
Charles assists clients from a wide range of industries, including pharmaceuticals, consumer electronics, chemicals, transportation, automotive and financial institutions.
Charles has been involved in obtaining European Commission clearance in a number of precedent-setting and complex merger cases, and has also advised on a number of cartel and behavioural investigations by the European Commission and other national competition authorities. He has developed an expertise in advising SOEs, on regulatory issues arising from their investment in Europe.
Given the importance of China for our clients, he was based in Beijing from 2014 to 2018. During that time, Charles has gained considerable experience in advising multinational companies on merger filings with China’s State Administration for Market Regulation (SAMR) and general issues regarding compliance with China’s Anti-Monopoly Law.
Charles also works closely with the Luxembourg office and regularly assists clients on competition law matters before the Luxembourg Competition Council.
Charles is admitted to the Bar in both France and Belgium. Before joining Allen & Overy in 2008, he practised competition law in Washington D.C. and Paris.
Expertise
Practices
Sectors
Qualifications
Professional
Admitted as avocat, Belgium, 2009
Admitted as avocat, France, 2003
Academic
LL.M. in Trade Regulation, New York University School Of Law, 2001
LL.M. in European Law, Université Paris I Panthéon-Sorbonne, 2000
Degree in International Business, Institut d’Etudes Politiques de Paris (IEP), 1999
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Experience highlights
Advising Huntsman on the Phase 2 conditional clearance by the European Commission of its acquisition of Rockwood’s titanium dioxide business.
Advising Scania on the EC heavy trucks investigation and on Scania’s on-going appeal of the EU Commission’s €880 million fine decision in that case to the GC.
Advising Samsung Electronics on the EC investigation into the way Samsung Electronics sought injunctive relief regarding a violation by Apple of Samsung's standard-essential patents.
Advising Brocade on the conditional clearance by the Antimonopoly Bureau of China’s Ministry of Commerce (MOFCOM) of their USD5.9bn acquisition by Broadcom.
Expertise
Practices
Sectors
Qualifications
Professional
Admitted as avocat, Belgium, 2009
Admitted as avocat, France, 2003
Academic
LL.M. in Trade Regulation, New York University School Of Law, 2001
LL.M. in European Law, Université Paris I Panthéon-Sorbonne, 2000
Degree in International Business, Institut d’Etudes Politiques de Paris (IEP), 1999
Other noteworthy experience
Advising:
- Berkshire Hathaway on the clearance by MOFCOM of its USD37.2 billion acquisition of U.S. company Precision Castparts Corp.
- A gas and oil company on the clearance by MOFCOM of its USD1.5 billion acquisition of Engie’s LNG business.
- Mubadala on the clearance by MOFCOM of its USD125 billion merger with IPIC.
- Evonik on the clearance by MOFCOM of its USD3.8 billion acquisition of the Performance Materials Division of Air Products.
- A public petroleum and natural gas company on the clearance by MOFCOM of the creation of a joint venture with Lanxess and on the subsequent buy-out of Lanxess’ shares in that joint venture.
- Nynas AB on the unconditional Phase 2 clearance by the European Commission of its acquisition of control of an oil refinery in Hamburg-Harburg from Shell Deutschland Oil GmbH. In an unprecedented move, the European Commission relied on the ‘failing division’ arguments developed by the parties to clear the case.
- Hyundai Merchant Marine (HMM) on the EC investigation into alleged price signalling in the container shipping sector.
- Samsung SDI on a cartel investigation by the European Commission in relation to CRT (cathode-ray tubes for televisions and computer monitors).
- A multinational pharmaceutical corporation in relation to the conditional clearance by the European Commission of its USD40bn acquisition of Alcon.
- Sandoz on an investigation by the European Commission in relation to alleged ‘pay-for-delay’ practices for the distribution of pharmaceutical products.
Recognition
outstanding counsel who always puts the best interests of clients first and provides legal advice in an efficient and effective manner.
Chambers Asia Pacific, 2019
His strength is that he is able to give advice on a number of jurisdictions [...] He has a broad experience across jurisdictions and is available and responsive.
Chambers Global, 2018
Published work
- Pommiès and Renard, “Merger Control and its Impact on Innovation in China” in Competition Law and Intellectual Property In China, p.250-276, Oxford: Oxford University Press (2019)
- Pommiès, McDonald and Shen, “IPRs and China’s Anti-Monopoly Law: Friends or Foes?” in Antitrust, Vol. 31, No. 2, Spring 2017, p.73-78, Chicago: American Bar Association
- Pommiès and Bechtold, “Parallel trade in the pharmaceutical sector and competition law: an overview of EU and national case law” in 2013 Competition Case Law Digest, p.497-508, New York: Institute of Competition Law
Awards
Shortlisted for GCR’s 2014 award for “Merger Control Matter of the Year” in Europe
for our advice to Nynas AB on the unconditional Phase 2 clearance by the European Commission of its acquisition of control of an oil refinery in Hamburg-Harburg from Shell Deutschland Oil GmbH.
Shortlisted for GCR’s 2017 award for “Behavioural Matter of the Year” in Europe
for our advice to HMM on the EC investigation into alleged price signalling in the container shipping sector.
Shortlisted for GCR’s 2018 award for “Merger Control Matter of the Year” in Asia-Pacific, Middle East and Africa
for our advice to Brocade on the conditional clearance by MOFCOM of their USD5.9bn acquisition by Broadcom.
