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Charles Pommiès

Counsel

Brussels

Pommies Charles
Charles Pommiès

Counsel

Brussels

Charles specialises in competition law. Given the importance of China for our clients, he was based in Beijing from 2014 to 2018. 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) and merger control reviews. Charles assists clients from a wide range of industries, including pharmaceuticals, consumer electronics, chemicals, transportation, automotive and financial institutions.

Charles has 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. He has also assisted Chinese companies, in particular SOEs, on merger control issues arising from their investment abroad. In Europe, 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.

Charles is admitted to the Bar in both France and Belgium. He has previously practised antitrust law in Washington D.C. and Paris.

Other noteworthy experience includes advising:

  • Berkshire Hathaway on the clearance by MOFCOM of its USD37.2bn acquisition of U.S. company Precision Castparts Corp.
  • Total on the clearance by MOFCOM of its USD1.5bn acquisition of Engie’s LNG business.
  • Mubadala on the clearance by MOFCOM of its USD125bn merger with IPIC.
  • Evonik on the clearance by MOFCOM of its USD3.8bn acquisition of the Performance Materials Division of Air Products.
  • Saudi Aramco 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).
  • Novartis 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.

 

Experience highlights

Office

Brussels

Allen & Overy (Belgium) LLP
Tervurenlaan 268A avenue de Tervueren
Brussels
1150

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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

Recognition

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.

Published work

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

News & insights

Publications: 16 OCTOBER 2020

Covid–19 coronavirus update: global application of foreign investment control rules (updated 16 Oct 2020)

Certain regulators are making changes to their foreign direct investment regimes in response to Covid-19 coronavirus. 

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Publications: 09 OCTOBER 2020

Potential increased scrutiny for investors into the European Union as from 11 October 2020

Companies planning to invest into the European Union should be aware that their transactions could face more intense scrutiny with the entry into full effect of EU Regulation 2019/452 of 19 March 2019…

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Publications: 19 JUNE 2020

European Commission targets foreign subsidies causing market distortions

As part of a broader effort to reshape the EU’s trade policy, the European Commission (EC) proposes to expand its toolbox to tackle foreign subsidies undermining the level playing field in the EU’s…

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Publications: 05 JUNE 2020

Revamping of antitrust law? The EC proposes a new competition tool and digital economy regulation

The European Commission (EC) has been under increasing pressure in recent years to ensure that antitrust rules are fit for an increasingly digital and globalised world. Until now, it has been in…

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