Charles Pommiès

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.