White & Case
James R.M. Killick

T: + 32 2 239 25 52
F: + 32 2 219 16 26
Practice Experience
James Killick is a litigator with a broad range of European law experience. His practice covers competition, pharmaceuticals, and international trade. He advises clients in a wide variety of industrial sectors, ranging from information technology to chemicals and airlines to paper and pulp.

Mr. Killick has been involved in pleading a number of leading cases in the European Courts, including SAS v Commission (Air Cargo), Rambus (standard setting), Microsoft v Commission (compulsory licensing; treatment of trade secrets), Hanner (Swedish retail monopoly on pharmaceuticals), Forum 187 v Commission (fiscal state aids), Pfizer v Council (precautionary principle), IMS Health (compulsory licensing), Nintendo v Commission (parallel trade), Servier v Commission (banning of pharmaceuticals), Cheil Jedang v Commission (fining policy) and Du Pont v Commission (anti-dumping, GSP).

In the competition field, he regularly advises merging parties under the EU Merger Regulation and defends cartel cases. He acts for third-party complainants in mergers and classic antitrust cases and has a wide-ranging advisory practice. He was named as one of the 40 leading competition lawyers under the age of 40 by Global Competition Review in 2008 and again in 2012.

He has initiated several anti-dumping and anti-subsidy actions for European industries, notably in relation to China and India, and has also advised on sanctions, export control and customs matters.

Mr. Killick has been involved in a number of important state aid cases. He has particular expertise in fiscal State aids, having advised the association of Belgian coordination centers.

Chambers Europe 2013 said: "Younger partner James Killick continues to be involved in many of the firm's key mandates, such as advising on merger control for DuPont's USD6.6 billion purchase of Danisco, and Pfizer's USD2.4 billion sale of its Capsugel division to KKR." Chambers notes: "Clients are full of praise for James Killick's 'knowledge, expertise and commitment.' He is valued for his understanding of EU procedures, along with a 'very positive attitude and excellent networks.'" The International Who's Who of Competition Lawyers & Economists 2014 lists him as one of the world's leading competition lawyers. He is also listed as one of the top trade lawyers in the world in Who's Who Legal: Trade and Customs 2014.

Bars and Courts
England and Wales, 1996
Brussels Bar (E list), 1998

Licence spéciale en Droit européen, Université Libre de Bruxelles, Grande Distinction, 1995
LLM, Clare College Cambridge, 1994
BA, Clare College Cambridge, First Class Honours, 1993

Mr. Killick regularly gives speeches on the above areas and publishes extensively. Recent publications include:
"Pharmaceutical sector: can non-authorised products be considered included in the relevant market for the assessment of alleged anticompetitive conduct? A short analysis of the recent Italian Avastin-Lucentis decision," Journal of European Competition Law & Practice Advance Access, August 16, 2014" (with Pascal Berghe)
"Applying a by object test to patent settlements is very different from the rule of reason" Concurrences, Issue 2, 2014, pp. 21-24 (with Pascal Berghe)
"Time to end the EU’s needless review of extraterritorial joint ventures, Competition Law Insight, 19 February 2013 (with Charlotte Burnett)
"Intellectual property: An overview of EU and national case law", e-Competitions / N° 71604, February 2015 (with Katarzyna Czapracka)
"Time for some help – DG Comp’s latest patent settlement monitoring report reveals a number of serious flas, including a lack of guidance", Competition Law Insight, 17 February 2015 (with Jérémie Jourdan)
"Patent Settlements as an endangered species: DG Comp's latest Monitoring exercise on Patent Settlements in Europe", White & Case Client Alert, December 20, 2013, available on LinkedIn (with Jérémie Jourdan)
"The European Court affirms that public safety comes first: financial considerations cannot justify the placing on the market of unlicensed medicines," Bio-Science Law Review, Lawtext Publishing, July 2012, Issue 4, Volume 12 (with Mihalis Kritikos)
"The ECJ ruling and the future of stem cell research in Europe," Know IP, February 2012, Volume 4, Issue 10, pp. 5-6 (with Mihalis Kritikos)
"Navigating the labyrinth of Belgium's export controls," WorldECR, August 2011, issue 5, pp. 27-30 (with Fabienne Vermeeren)
"EU's Highest Court Says 'No' (For Now) To EU-Wide Patent Court" in Thomas Reuters / World Trade Executive (Eds) EuroWatch, p.3, March 2011 (with Anthony Dawes, Genevra Forwood)
"DG COMP and the Hearing Officers publish detailed explanations on how they conduct antitrust (and certain aspects of merger) proceedings" (2010) 1 Journal of European Competition Law and Practice, pp. 211-213 (with Anthony Dawes)
"This is not the time to be tinkering with Regulation 1/2003 — It is time for fundamental reform — Europe should have change we can believe in," Competition Law Review, July 2010, Vol. 6, Issue 2, pp. 259-285 (with Pascal Berghe)
"Rambus: An overview of the issues in the case and future lessons for SSO's when designing IPR policies," Concurrences Tendances, Standards, Patent Pooling and Competition, N° 2-2010, pp. 6-12 (with Pascal Berghe)
Chapter on "The importance of European competition law in outsourcing transactions," PLC Outsourcing Handbook, 4th Edition April 2010 (with Ashley Winton and David Smales)
"Closing Rambus — The implications for standard setting, and a thought about Tony Blair," Competition Law Insight, 9 February 2010 (with Pascal Berghe)
Chapter on "The importance of regulation: a look back at DG Competition's pharmaceutical sector inquiry," Biotechnology and Life Sciences Sector — Strategies for Growth, Survival and Patent Protection, Financier Worldwide, January 2010 (with Anthony Dawes)
"Does promoting off-label use of medicines on budgetary grounds risk jeopardising the integrity of the marketing authorisation requirement system?," Pharmaceutical Law Insight, December 2009 (with Pascal Berghe)
"The Outcome of the EC Pharmaceutical Sector Inquiry," Concurrences Review, 3(2009), pp. 18-21 (with Anthony Dawes)
"New Rules on European Works Council Agreed," Journal of the Japanese Institute of International Business Law, Vol. 37, N° 6, June 2009 (in Japanese)
"A Missed Opportunity: Why the Guidance Paper Does Not Increase Predictability or Advance the Debate," Concurrences Review, 2009(2), pp. 23-26 (with Assimakis Komninos)
"You can't outsource compliance: the relevance of competition law to outsourcing transactions," Competition Law Insight, 7 April 2009 (with Ashley Winton)
"The Undetected Elephant in the Room: An Analysis of DG Competition's Preliminary Report on the Pharmaceutical Sector Inquiry," Global Competition Policy, 24 February 2009 (with Anthony Dawes)
"Schizophrenia in the Commission's Article 82 Guidance Paper: Formalism Alongside Increased Recourse to Economic Analysis," Global Competition Policy, 5 February 2009 (with Assimakis Komninos)
"Leniency, Incentives to Lie and Due Process: the lessons of the Stolt-Nielsen case," Competition Law Insight, 3 June 2008
"The Special Regime of Intellectual Property for the Pharmaceutical Industry," The Stockholm Network Experts' Series on Pharmaceutical IPRs, March 2008 (with Axel Schulz and Anthony Dawes)
"The new EU Penalties Regulation," GMP Review, January 2008
"Tracking and Tracing Pharmaceutical Products in the EU: a key element in the fight against counterfeit medicines," Pharmaceutical Law Insight, October 2007 (with David Strelzyk-Herzog)
"Latest Developments in European Works Councils," Journal of the Japanese Institute of International Business Law, Vol. 35, No. 8, August 2007
Chapter on "Horizontal and Vertical Mergers in the Reformed EC Merger Control," EC Competition Law: A Critical Assessment, Hart Publishing, Oxford and Portland, Oregon, 2007 (with Axel Schulz)
"IPRs, Competition Rules and Interoperability: Who Has Priority?," The Stockholm Network Experts' Series on IPRs and Competition, March 2007
"The new EU Penalties Regulation — what will it mean in practice?," Pharmaceutical Law Insight, March 2007
"The New Rules about Works Councils in the UK: Much Ado About Nothing," Journal of the Japanese Institute of International Business Law, February 2007
"The GE/Honeywell judgment — in reality another merger defeat for the Commission," European Competition Law Review, 2007, v. 28, n. 1, pp. 52-62
"The 2006 fining guidelines — Two steps forward but one step back?," Competition Law Insight, September 2006
"The WHO Commission's Report on IP Rights, Innovation and Public Health — a missed opportunity?," Pharmaceutical Law Insight, July/August 2006
"The Special Regime of Intellectual Property in the Pharmaceutical Industry," BNA Special Report on IP in Biotechnology and Pharmaceuticals, May 2006
"Interoperability and IP rights," Intellectual Property Frontiers- Expanding the Borders of Discussion, February 2006
"Turkish Accession to the EU: will a long-held ambition finally come true?," Journal of the Japanese Institute of International Business Law, Vol. 34(1), January 2006 (joint article with Professor Miura)
"Parallel trade in Europe — the tide is turning," Pharmaceutical Law Insight, December 2005
"Is it now time for a single Europe-wide fining policy? An analysis of the fining policies of the Commission and the Member States," Competition Law Scholars Forum Working Paper No. 7, December 2005
"Competition Rules Require Objectivity," op-ed in Financial News, 23 October 2005
"The Impact of Employee Involvement in the Business Management of Japanese Companies Operating in the EU," Journal of the Japanese Institute of International Business Law, Vol. 33(7), July 2005 (joint article with Professor Miura)
"Microsoft and IMS judged in the cold light of IMS," Competition Law Review, 1(2) CompLRev 23, 2004
"The CFI's Judgment in Tetra Laval v Commission," November 2003
"The Decision in Schneider Electric v Commission," November 2003
"Airtours v Commission," Corporate Counsel's International Adviser, January 2003
"Worker Involvement Aspects in Connection with the European Company Statute," 2002
"The CFI's Decision in Airtours v Commission," The Antitrust Counsellor, November 2002
"Works Councils in Action," Employment Law Journal, April 2002
"The European Company Statute," October 2001
"European Employment Law and the UK," Sweet & Maxwell, 2000