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Andrzej Kmiecik

Partner

Sample Lawyer

Overview

Andrzej Kmiecik co-heads the competition law practice at the firm. He has particular expertise in merger control, cartels, dominance, distribution, pricing and intellectual property.

He represents clients before the European Commission, the EU Courts and in national competition law proceedings.
 
Andrzej’s practice covers a wide range of industries, including the automotive sector, pharmaceuticals, paper and board products, office equipment, consumer electronics, aerospace, shipping, petrochemicals, clothing and footwear, and financial infrastructure.
 
Some of the high profile EU merger control cases he has handled include: Boeing/McDonnell Douglas; Enso/Stora; Boeing/Hughes; Caemi/Mitsui/CVRD; Boeing/Lockheed/ULA; SABIC/Huntsman; SABIC/GE Plastics; DFDS/CRO Ports/Älvsborg; Canon/IRIS (Art. 22 referral); Deutsche Börse/London Stock Exchange (for a complainant); and Boeing/Embraer.
 
His experience in EU cartel investigations includes acting as defence counsel in: Newsprint; Amino Acids (also on appeal); Carbonless Paper (also on appeal); Publication Papers; Fine Papers; Semiconductor Packaging; Occupant Safety Systems (among other investigations in relation to car parts); Woodpulp; and End-of-Life Vehicules. He has handled both full adversarial and settlement proceedings, as well as making leniency applications at EU and national level and counselling individual executives. He also defends clients in damages actions in the national courts.
 
Andrzej has also successfully defended clients against complaints of exclusionary conduct before the European Commission, including Canon (ink jet consumables) and Honda (racing engine technology).
 
He has a very active practice in the field of vertical agreements, and recently acted as defence counsel in one of the first cases in which the Commission’s novel cooperation procedure was used achieving a substantial reduction in the fine for the client. He also developed a niche practice in the field of motor vehicle distribution: he counsels and defends a number of manufacturers, combining extensive experience with in-depth industry knowledge.
 
His experience extends to acting as counsel in major EU antitrust investigations involving the life sciences sector, including: Becton Dickinson/Novo Nordisk (diabetes care); Lederle/SKB (vaccines) and Chiron/DRK (blood screening). He was actively involved in the Commission’s pharmaceutical sector inquiry.
 
He regularly lectures and writes on competition law matters.

Languages

English, French

Recommendations

  • Chambers Global and Chambers Europe for Competition Law
  • Chambers Global and Chambers Europe – ‘Leaders In Their Field’ (Competition/European Law)
  • International Who’s Who of Competition Lawyers and Economists
  • Legal 500 for Competition Law (Leading Individual)
  • Expert Guides – Guide to the World's Leading Competition and Antitrust Lawyers
  • Best Lawyers – Competition/Antitrust Law

Education

  • College of Europe, Bruges, Diploma in European Law, 1990
  • College of Law, London, 1986/1987
  • Merton College, Oxford University, M.A., 1985 

Publications

Coordinating contributor to Van Bael & Bellis, Competition Law of the European Union, Kluwer (upcoming sixth edition), a standard work of reference in the field of EU competition law.

Bar Admissions

Solicitor, England & Wales
Brussels

Expertise

Notable assignments

  • Representing Boeing before the European Commission in its merger with McDonnell Douglas in one of the most highly politicised and contentious reviews of transatlantic mergers.

  • Representing Daesang in securing a substantial reduction of its fine in the European Commission’s amino acids cartel proceedings, further reduced on appeal before the EU General Court.

  • Representing Canon in defeating an attempt by EFIM to obtain access to Canon’s ink-jet patents by alleging exclusionary conduct on the part of Canon and its competitors before the European Commission.

  • Representing SABIC in securing EU merger control approval for its acquisition of the global plastics business of GE.

Publications and insights

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