White & Case

Dr. Assimakis Komninos
Associate, Brussels
Contact Info
Dr. Assimakis Komninos
Associate
62 rue de la Loi Wetstraat 62
1040 Brussels
Belgium
T: + 32 2 219 16 20
F: + 32 2 219 16 26

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Practice Experience
Makis Komninos advises on questions of EU and Greek competition law, EU law, international arbitration and litigation and private international law.  His clients are active in a variety of areas including information technology, pharmaceuticals, plumbing and industrial tubes, steel production, soft drinks, milk, car rental, digital TV services and electricity.

He has been and is currently involved before the European Court of Justice in Syfait v. GlaxoSmithKline and Sot. Lélos kai Sia E.E. and Others v. GlaxoSmithKline (parallel trade of pharmaceuticals - abuse of dominance), as well as in GlaxoSmithKline Services v. Commission (parallel trade of pharmaceuticals – Article 81).  He has also been involved or is currently involved before the Court of First Instance in Microsoft v. Commission (compulsory licensing of interoperability information - abuse of dominance), GlaxoSmithKline Services v. Commission (parallel trade of pharmaceuticals – application of Article 81), European Association of Euro-Pharmaceutical Companies v. Commission (parallel trade of pharmaceuticals – rejection of complaints) and Halcor Metal Works v. Commission (application of Article 81 to the copper plumbing tubes sector).

He has also been advising multinational companies in the pharmaceutical, milk and soft drinks sectors in proceedings before the Greek and Cypriot competition authority and Greek and Cypriot appellate courts.

He has particular expertise in arbitration cases involving EU and national competition issues, and in private antitrust litigation cases in national courts.

He is currently a visiting professor at IREA - Université Paul Cézanne Aix - Marseille III and a visting lecturer at University College London (UCL), where he teaches EU competition law.  He is often invited to give seminars in academic and professional institutions in France, Greece, Italy and the United Kingdom.  He is also a fellow of the Centre for Law and Governance in Europe at UCL and a member of the Regional Advisory Board of the Institute of Studies in Competition Law and Policy (IMEDIPA).

Bars and Courts
Greek Supreme Court, 2007
Athens Court of Appeals, 2004
Brussels Bar (E list), 2004
Athens Bar, Greece, 1997

Education
PhD, European University Institute, Italy, 2007
LLM, New York University School of Law, USA, Onassis Foundation & Fulbright Scholar, 1995
LLM, Trinity College, University of Cambridge, UK, Onassis Foundation Scholar, 1994
LLB, University of Athens, Greece, summa cum laude, 1992

Professional Associations and Memberships
European Lawyers Association
Association suisse d’arbitrage ASA Below 40

Publications
Books:
EC Private Antitrust Enforcement, Decentralised Application of EC Competition Law by National Courts, Hart Publishing, Oxford/Portland, 2008
Associate Editor, EC Competition Law: A Critical Assessment, Hart Publishing, Oxford/Portland, 2007 (General Editors: Giuliano Amato & Claus-Dieter Ehlermann)
Co-editor, The Euro: Law, Politics, Economics, The British Institute of International and Comparative Law, London, 2003 (with Jean-Victor Louis)

Articles
:
"The EU White Paper for Damages Actions: A First Appraisal", Concurrences, 2008(2) Pages 84-92
"Greek Preliminary References in Competition Law Matters 1981–2004: Disappointment and Hope", Article 234 and Competition Law, An Analysis, Rodger (Ed.), Kluwer Law International, Alphen aan den Rijn, Pages 572-582, 2008 (with Hara Nikolopoulou)
"Effect of Commission Decisions on Private Antitrust Litigation: Setting the Story Straight", Common Market Law Review, 44(5), Pages 1387-1428, 2007
"‘Transient’ and ‘Transitional’ Voidness of Anti-competitive Agreements: A Non-issue and an Issue", European Competition Law Review, 28(8), Pages 445-450, 2007
"Modernisation and Decentralisation: Retrospective and Prospective", EC Competition Law: A Critical Assessment, Amato & Ehlermann (Eds.), Hart Publishing, Oxford/Portland, Pages 629-673, 2007
"Public and Private Antitrust Enforcement in Europe: Complement? Overlap?", The Competition Law Review, 3(1), Pages 5-26, 2006
"EU Administrative Law: Competition Law Adjudication", Sectoral Report on Adjudication in the Competition Field, American Bar Association, European Union Administrative Law Project, Pages 1-82, 2006 (with Ian S. Forrester)
"Resolution of Conflicts in the Integrated Article 81 EC", European Competition Law Annual 2004: The Relationship between Competition Law and (Liberal) Professions, Ehlermann & Atanasiu (Eds.), Hart Publishing, Oxford/Portland, Pages 451-472, 2006; also published as "Non-competition Concerns: Resolution of Conflicts in the Integrated Article 81 EC", The University of Oxford Centre for Competition Law and Policy Working Paper, (L) 08/05
"The New Amendment of the Greek Competition Act: Harmonization with or Departure from the EU Model?", European Competition Law Review, 27(6), Pages 293-298, 2006
"EC Competition Law 2003-2004", Oxford Yearbook of European Law, 24, Pages 511-617, 2005 (with Ian S. Forrester and Jacquelyn F. MacLennan)
"Interim Measures against Commission Decisions in EC Competition Cases" [in Greek], Hellenic Review of European Law, 25(1), Pages 37-71, 2005
"Article 234 EC and National Competition Authorities in the Era of Decentralization", European Law Review, 29(1), Pages 106-114, 2004
"Assistance to Arbitral Tribunals in the Application of EC Competition Law", European Competition Law Annual 2001: Effective Private Enforcement of EC Antitrust Law, Ehlermann & Atanasiu (Eds.), Hart Publishing, Oxford/Portland, Pages 363-385, 2003
"Introduction", European Competition Law Annual 2001: Effective Private Enforcement of EC Antitrust Law, Ehlermann & Atanasiu (Eds.), Hart Publishing, Oxford/Portland, Pages xxi-xlii, 2003
"New Prospects for Private Enforcement of EC Competition Law: Courage v. Crehan and the Community Right to Damages", Common Market Law Review, 39(3), Pages 447-487, 2002
"The Consequences of the Proposed Modernization of the European Community Law Enforcement" [in Greek], Hellenic Review of European Law, 21(4), Pages 745-792, 2001 (with Claus-Dieter Ehlermann)
"Arbitration and the Modernization of European Competition Law Enforcement", World Competition, 24(2), Pages 211-238, 2001
"Annotation to Case C-126/97, Eco Swiss China Time Ltd. v. Benetton International NV, Judgment of 1 June 1999, Full Court", Common Market Law Review, 37(2), Pages 459-478, 2000

Shorter Articles & Book Reviews
:

"Book Review: Ioannis Lianos, La transformation du droit de la concurrence par le recours à l’analyse économique. Athens: Ant. N. Sakkoulas / Brussels: Bruylant, 2007", Common Market Law Review, 45(4), Pages 1292-1293, 2008
"Book Reviews: Overview, Recent Books in Greek on Competition Law", Common Market Law Review, 45(2), Pages 607-608, 2008
"Enter the White Paper for Damages Actions: A First Selective Appraisal", GCP Online Magazine for Global Competition Policy, April 2008, Release 1.
"Book Review: Gordon Blanke, The Use and Utility of International Arbitration in EC Commission Merger Remedies. Groningen: Europa Law Publishing, 2004", Stockholm International Arbitration Review, 9(1), Pages 255-258, 2007
"Dutch Court Refuses to Enforce US Arbitral Awards on Public Policy Grounds for Violation of EU Competition Law", White & Case International Dispute Resolution Newsletter, Volume 19, No. 2 June 2006; also published in Transnational Dispute Management, 3(5), December 2006.
"Editorial: Lisbon Agenda and Competition Law" [in French], Concurrences, 2006(3) Pages 1-2 (with Ian S. Forrester)
"The Greek Competition Authority is not a ‘Court or Tribunal’ in the Meaning of Art. 234 EC and therefore Cannot Apply for an ECJ Preliminary Ruling, According to the European Court of Justice", e-Competitions, July 2005, n° 147
"Book Review: Natalya Shelkoplyas, The Application of EC Law in Arbitration Proceedings. Groningen: Europa Law Publishing, 2003", Common Market Law Review, 42(1), Pages 287-289, 2005
"Refurbishment of Greek Competition Law: Harmonization with or Departure from the EU Model ?", e-Competitions, November 2005, Volume I, n° 305
"Paris Court of Appeal Refuses to Set Aside Arbitral Award for Public Policy Violation", White & Case International Dispute Resolution Newsletter, Volume 17, No. 4 December 2004
"Book Review: Stéphane Mail-Fouilleul, Les Sanctions de la violation du droit communautaire de la concurrence. Paris: Librairie Générale de Droit et de Jurisprudence (L.G.D.J.), 2002", Common Market Law Review, 40(3), Pages 777-779, 2003
"Book Review: Claus-Dieter Ehlermann and Isabela Atanasiu (Eds.), European Competition Law Annual 2000: The Modernization of EC Antitrust Policy. Oxford-Portland Oregon: Hart Publishing, 2001", Common Market Law Review, 39(5), Pages 1195-1199, 2002
"Book Review: Jonathan Faull and Ali Nikpay (Eds.), The EC Law of Competition. Oxford: Oxford University Press, 1999", Yearbook of European Law, 21, Pages 585-588, 2001-2002
"Book Review: Clifford A. Jones, Private Enforcement of Antitrust Law in the EU, UK, and USA. Oxford: Oxford University Press, 1999", Common Market Law Review, 38(3), Pages 811-815, 2001 (with Claus-Dieter Ehlermann)

Speeches

Concluding remarks, International Conference on "Which Competition Policy for Regulated Industries? Governance and Sector-specific Perspectives", Istanbul, 5-6 September 2008
Roundtable participation, "Competition Policy: Institutions and Procedures", Third European Conference on Competition and Regulation, Athens, 5 July 2008
"From Green to White: The Development of Community Policy on Private Enforcement", United Kingdom Association for European Law, Conference on Competition and Private Enforcement: The Next Steps, London, 4 July 2008
"Harmonisation in the Field of Private Enforcement: Where We Are Coming From? Where We Are Going to?", Institute of European Legal Studies Fernand Dehousse, University of Liege, Brussels, 30 June 2008
"The White Paper for Damages and EC Private Antitrust Enforcement", European Law and Economic Analysis (ELEA) Symposium 2008, College of Europe, Bruges, 18 June 2008
"The Damages White Paper of April 2008: Implications for Arbitration", Second Dublin Forum on Arbitration and Competition, Dublin, 7 June 2008
"Private Actions in Europe: A Critical Overview of the White Paper", Conference on Alternative enforcement techniques: A new paradigm of EC competition law?, co-organised by the Federation of Enterprises in Belgium and the Institute for European Legal Studies of the University of Liège, Brussels, 5 June 2008
"Vertical Restraints, Parallel Imports and the Objective of Market Integration", Conference on Vertical Restraints in Comparative Competition Law, co-organised by University College London and Collège européen de Paris - Université Paris-II Panthéon Assas, Paris, 23 May 2008
"Competition Law Claims in Arbitration Proceedings", Global Competition Law Centre Lunch Talk Series, Brussels, 17 April 2008
"Private Actions in Europe: Competition of National Systems or Community Model?", Ten Years of Competition Law Reform, 10th Competition Law Scholars Forum Workshop, Glasgow, 11 April 2008
"Fair, Reasonable and Non-discriminatory (FRAND) Licensing in the Wake of Microsoft", 2nd European University Institute Competition Day, Florence, Florence, 3-4 April 2008
"The GlaxoSmithKline Case: Parallel Imports of Pharmaceuticals and EC Competition Law", Centre for Law and Governance in Europe, University College, London, 20 February 2008
"Job Opportunities Outside Academia", European University Institute and European University Alumni Association, Florence, 4 October 2007"
National Procedural Autonomy and Civil Antitrust Remedies", University of Cambridge, Cambridge, 21-22 September 2007
"EC Competition Law and Parallel Trade in Pharmaceutical Products: Wholesaler Welfare or Consumer Welfare?", International Bar Association, 11th Annual Competition Conference, Florence, 7-8 September 2007
"Practical Instances of Ordinary Antitrust Arbitrations", ICC United Kingdom Working Session on Arbitrating Competition Law Issues, London, 4 July 2007
"The Burden and Standard of Proof in EC Antitrust and Merger Cases", International Conference on the Reform of Greek and EC Competition Law, Athens, 1-2 June 2007
"Parallel Imports of Pharmaceuticals and EC Competition Law", International Conference on the Reform of Greek and EC Competition Law, Athens, 1-2 June 2007
"Co-operation Mechanisms between the European Commission and Commercial Arbitration Tribunals", University of Florence, Florence, 28 April 2006
"Relationship between Public and Private Antitrust Enforcement in Europe", Private Enforcement of Competition Law Workshop, 7th Competition Law Scholars Forum, Glasgow, 6 April 2006
"The Interoperability Side of the Microsoft Case", European University Institute Competition Day, Florence, 25 November 2005
"Non-competition Concerns and Article 81", The Relationship Between Competition Law and (Liberal) Professions, 9th EU Competition Law and Policy Workshop, Florence, 11-12 June 2004
"Arbitration and EC Competition Law", Effective Private Enforcement of EC Antitrust Law, 6th EU Competition Law and Policy Workshop, Florence, 1-2 June 2001

Languages
English
French
German
Greek
Italian

Citizenship
Greek



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