Practice Experience
Mr. Struckmann advises in all areas of competition law. He focuses on advising public and corporate clients on all aspects of the European State aid rules, which often involves restructuring and privatization issues. Mr. Struckmann also frequently advises clients concerning the application of EU public procurement requirements and their interaction with State aid rules.
His antitrust practice involves representing clients in cartel investigations and advising on competition compliance through programs and individual training sessions. He was involved in one of the first two cartel settlement cases before the European Commission. Mr. Struckmann also frequently assists clients in merger filings with EU and national competition authorities.
Mr. Struckmann advises clients from a wide variety of industrial sectors. His recent industry experience includes the energy, financial services and aviation sector.
He has considerable experience in representing clients before the EU courts in Luxembourg where he is involved in a number of ongoing litigations.
Prior to joining White & Case, Mr. Struckmann was an official in the European Commission's Directorate General for Competition, where he was responsible for the enforcement of State aid policy at the then newly created Enforcement Unit. He previously handled individual State aid investigations in one of the Directorate's sectoral units.
Recent transactions include:
- Advising a European national flag carrier in connection with a State aid investigation procedure by the European Commission.
- Advising a steering committee of lenders regarding State aid aspects involved in the restructuring of a US$3 billion loan to Sacher Funding Limited, an affiliate of Bawag PSK, one of the largest banks in Austria.
- Representing AEGON, one of the world's largest providers of life insurance, pensions and long-term savings and investment products, in a Commission State aid investigation regarding a recapitalisation of €3 billion under the Commission special rules adopted for the banking crisis, which lead to the approval of the aid.
- Representing a publicly listed European company in a European Commission's cartel investigation. This was the Commission's second settlement of a cartel case and the first hybrid case, where both the settlement and ordinary procedures were followed.
- Advising a project company on competition law aspects regarding the construction and financing of a subsea offshore gas pipeline.
- Representing Electricité de France's Hungarian subsidiary in two cases pending before the General Court of the European Union challenging a European Commission Decision classifying power purchase agreements concluded prior to market liberalisation and Hungary's accession to the EU as incompatible State aid.
- Representing Spanish conglomerate Uralita in its subsequent appeal to the European General Court of the Commission's cartel decision regarding sodium chlorate.
Bars and Courts
Regional Court of Hannover, 2004
Brussels Bar (E list), 2005
Education
2nd State Examination in Law, Judicial Examining Board of Berlin, 2000 Master of Laws in European Law, University of Nottingham, 1998 1st State Examination in Law, Judicial Examining Board of Lower Saxony, 1997
Publications and Speeches
Co-author, "(Not) breaking the bank - options available to companies unable to pay cartel fines" in The Commercial Litigation Journal, May-June 2011, Number 37 (with Genevra Forwood)
Co-author, "German Federal Court of Justice strengthens procedural rights for competitors of recipients of potential State aid" in the European Sate aid Law Quarterly No. 2 2011, News from the Member States (with Christoph Arhold, Franziska Zibold)
Co-author, chapter on "Restructuring aid" in Handbook on Restructuring law, edited by Dr. Rüdiger Theiselmann, Wolters Kluwer, Germany 2010
Co-author, "Rien ne va plus? Mutual recognition and free movement of services in the gambling sector after the Santa Casa judgment," European Law Review, April 2010 (35) pp. 236-262 (with Anthony Dawes)
Presentation on "Coping with the European Commission on a State Aid Matter" at a meeting of the Conference Board European Legal Council, 4 March 2010, Brussels
Presentation on "The New EU General Block Exemption Regulation for State Aids", and moderator for the session on "State Aid for Risk Capital, Research and Development and Innovation", at the 3rd State Aid Conference on State Aid Regulations in German Practice, 15-16 September 2008, Berlin
Presentation on Legal Aspects of Digitisation at a conference organised by SES Sirius on Opportunities for TV Channels in the Baltic Countries, 2 April 2008, Vilnius
"Switchover models in the EU: Legal Aspects", European Satellite Operators Association, 4 December 2006, Riga
"Member State Defenses in State Aid Proceedings", seminar on State aid, organized by the European Commission for the European Law Department and the Lithuanian Ministry of Justice, 9 December 2005, Vilnius
"State aid in the Transport Sector", seminar, European State Aid Law Institute, State Aid Control in the EU's New Member States, 14 October 2005, Warsaw
"An introduction to State aid, compatibility and procedure", seminar, Law Society of England & Wales, June 2005
Co-author, "State subsidies to digital terrestrial TV", Satellite Finance, Issue 80, p. 38, May 18, 2005 (with Rolf Olofsson, Partner, White & Case Brussels)
Co-author, "A New Perspective for Spanish Shipyards - Reducing Distortions in Shipbuilding", EC Competition Policy Newsletter, page 5, January 2005 (with Hans Bergman, Directorate-General Competition)
Co-author, "The New German Ship-financing Guarantee Schemes: Commission Gives Green Light", EC Competition Policy Newsletter, Page 105, February 2004 (with Max Lienemeyer, Directorate-General Competition)
Languages
English French German Spanish
Citizenship
Germany
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