Practice Experience
Axel Schulz advises on a broad range of EC and German competition law matters.
During his work on merger control under both EU and German law, he has dealt with collective dominance and countervailing buyer power, as well as structural links issues in industries including paper and pulp, aluminum, electricity generation and distribution, and pharmaceuticals. Recently, he advised Toshiba on its acquisition of tangible and intangible 3.5" hard disk drive ("HDD") assets, which involved a complex divestiture transaction and merger control submissions to multiple competition authorities (M. 6531).
Mr. Schulz has particular expertise in the pharmaceutical industry (Who’s Who Legal 2012 recognized him as a Leading Life Sciences Lawyer), advising on competition law issues in the fields of distribution, co-marketing, licensing and other kinds of vertical and horizontal cooperation agreements. He advised Almirall in their patent dispute with Boehringer Ingelheim, in which Boehringer agreed to remove its blocking positions and the European Commission investigation was closed. He also represented Nycomed in the recent investigation by the Commission, which was closed without making any finding that the company violated the law and without imposing any fine. In addition, Mr. Schulz secured favorable judgments for Abbott in two Greek court cases initiated by Greek pharmaceutical wholesalers requesting large quantities of prescription medicines in order to export them. He has also represented GlaxoSmithKline in a number of cases before the European Courts in Luxembourg.
Mr. Schulz has recently been involved in a number of significant competition cases before the European Courts. In case T-113/07 – Toshiba v. Commission – the General Court of the European Union annulled in full the EUR 90.9 million fine imposed on Toshiba by the European Commission for its alleged participation in the Gas Insulated Switchgear cartel. He also is advising companies in the cartel investigations by the Commission relating to CRT, LCD, Transformers, Ball Bearings, and Auto Parts.
Bars and Courts
Munich Bar, 1998
Brussels Bar (E list), 2002
Education
LLM, European Law, College of Europe, Bruges, 1999 Law Degree, University of Konstanz, 1996 Diploma, University of Lyon, 1994
Awards and Recognition
2012 Antitrust Writing Awards -- Best Business Anticompetitive Practices Article, Institute of Competition Law Who’s Who Legal 2012 -- Leading Life Sciences Lawyer
Publications and Presentations
Mr. Schulz frequently publishes articles, one of which was honored with the 2012 Antitrust Writing Award by the Institute of Competition Law. He also speaks on various EU law matters, including the following:
Co-author, “AG Sharpston voices opinion on the standard of judicial review over fines in cartel cases”, White & Case LLP Client Alert, February 2011 (with Ian Forrester QC and Mark Powell)
Presentation, “Pharma Sector Competition Law Developments”, IBC Pharmaceutical Law Academy, London, 7 September 2011
Presentation, “The Latest Regulatory Developments and Proven Successful Strategies for Patent Lifecycle Extensions in Light of Recent European and US Case Law”, C5 -- 10th Annual Forum on Pharma Patent Lifecycles, London, 21-22 June 2011
Presentation, “Parallel- und Re-Import von Arzneimitteln”, Colloquium Pharmaceuticum, Frankfurt, Germany, 21 September 2010
Presentation, IBC Biotech & Pharmaceutical Patenting 2010, Munich, Germany, 17 February 2010
Co-author, Chapter on “Recent developments in relation to parallel trade in the European pharmaceuticals sector”, Biotechnology and Life Sciences Sector – Strategies for Growth, Survival and Patent Protection, Financier Worldwide, January 2010
Co-author, "Who is the Predator (2)? The French Competition Council's GSK Predation Decision is Overruled", Competition Law Insight, July 1, 2008
Co-author, "French Competition Council vs. GSK France: who is the predator?", Competition Law Insight, June 2007
Chapter on "Vertical Mergers" for "EC Competition Law – A Critical Assessment", edited by Prof. Amato and Prof. Ehlermann, Hart Publishing, May 2007
European Editor (from January to December 2007), Lloyd’s Law Report: Pharma
Presentation, Recent Competition Law Developments in the Pharmaceutical Sector, Biotech Conference, London, 5 December 2006
Co-author, "Special status of IP in the pharmaceutical industry", BNA International, May 2006
Module on "Competition law in the food industry" (part of a ten-module training course “Food Law and Regulation”), Informa, June 2006
Module on "Marketing & Distribution in the Pharmaceutical Industry" (part of a ten-module training course "Pharmaceutical Law and Practice"), Informa, December 2005
Co-author, "Parallel trade in Europe – the tide is turning", Pharmaceutical Law Insight, December 2005
Co-Author, Module on "Competition law in the pharmaceutical industry" (part of a ten-module training course "Pharmaceutical Law and Practice"), Informa, November 2005
Chaired panel discussion on merger control developments at Maastricht University, June 2004
Case note on the Bayer/Adalat judgment, European Law Reporter, 2004
Case note on Van den Bergh Foods v. Commission, European Law Reporter, 2003
Languages
English French German Italian
Citizenship
Germany
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