White & Case LLP - Lawyers - James R.M. Killick

Practice Experience

James Killick is a litigator with a broad range of European law experience. His practice covers competition, pharmaceuticals, international trade (dumping and subsidies), State aid and employment law. He advises clients in a wide variety of industrial sectors, ranging from information technology to chemicals and paper and pulp.

He has been involved in pleading a number of leading cases in the European Courts, including Microsoft v Commission (abuse of dominant position - 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 (fining policy), 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 recently named as one of the 40 leading competition lawyers under the age of 40 by Global Competition Review.

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 customs classification and customs fraud.

James 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.

He also advises major multinationals on EU employment law, in particular in areas such as European and national works councils.

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

Education
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

Publications
James Killick regularly gives speeches on the above areas and publishes extensively. Recent publications include:
"New Rules on European Works Council Agreed", Journal of the Japanese Institute of International Business Law, Vol. 37, N° 6, June 2009 (in Japanese)
Co-author: "A Missed Opportunity: Why the Guidance Paper Does Not Increase Predictability or Advance the Debate", Concurrences Review, 2009(2), pages 23-26 (with Assimakis Komninos)
Co-author, "You can't outsource compliance: the relevance of competition law to outsourcing transactions", Competition Law Insight, 7 April 2009 (with Ashley Winton)
Co-author, "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)
Co-author, "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 Nielsen case," Competition Law Insight, June 3, 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
Co-author, 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

Languages
English
French
Russian

Citizenship
British