Mark Powell | White & Case LLP International Law Firm, Global Law Practice
Mark Powell
Mark Powell

Mark Powell

Partner, Brussels, London

T + 32 2 239 25 78

T + 44 20 7532 1000

E mpowell@whitecase.com

in LinkedIn profile

“Mark Powell receives effusive praise from clients: ‘He is astute, practical, easy to understand and clear when he explains the law.’”

Chambers Global 2014

Overview

Mark has been advising clients on competition law issues for nearly 25 years. His practice has a particular focus on the interface between competition law and sector-specific regulatory requirements, in such areas as telecommunications, pharmaceuticals, energy, the media and transport.

Clients benefit from his considerable experience handling regulatory clearance for complex mergers and acquisitions. His work on a recent merger was so persuasive that it resulted in the European Commission clearing it in a Phase II proceeding- the first time that it had cleared such a deal, having previously prohibited it.

In addition, Mark has developed a significant track record representing and advising clients involved in cartel investigations, in areas including nucleotides, synthetic rubber, candle wax, calcium carbide and power cables.

Executive Partner of the Brussels office, he has helped clients to make successful appeals to the European Commission regarding matters ranging from infringement decisions to the re-negotiation of fines. Based in Brussels and London, he is able to advise international clients on both European and UK market investigation and merger cases.

Mark was singled out for recognition in the first edition of Euromoney's Expert Guide to the World's Leading Competition and Antitrust Lawyers. He has been described by clients in The Legal 500 EMEA as "very knowledgeable with a pragmatic and commercial approach… [and] a convincing style and self-confidence which… is very persuasive." Chambers has noted that clients value Mark as "a charismatic lawyer with terrific business sense" who is "practical and savvy" and "enjoyable, hard-working and client-friendly".

Bars and Courts

  • Solicitor of England and Wales
  • Brussels Bar (E list)

Education

  • Final Diploma in Portuguese Language and Literature, University of Coimbra
  • Professional Practising Certificate, College of Law, Chester
  • LLB, University of Lancaster

Languages

  • English
  • French
  • Portuguese

Experience

'Kaučuk/Unipetrol v Commission'
Mark represented Kaučuk/Unipetrol in their application for the annulment of the Commission decision which found Kaučuk liable for the BR/ESBR cartel infringement, and imposed a fine of €17.55 million. In July 2011, the General Court annulled the European Commission's infringement decision against the companies, and overturned the fines imposed on them in their entirety.
'Nexans France v Commission'
Mark advised Nexans France regarding its application for the annulment of a Commission Dawn Raid Decision, which was adopted in the context of an ongoing proceeding pursuant to Article 101 EC, concerning the European market for electric cable and related equipment.
'Garantovana v Commission'
Mark represented Garantovana in their application for the annulment and suspension of the operation of the Commission's calcium carbide cartel decision. He successfully obtained interim measures from the General Court.
'Budapesti Erömü Rt., Hungary (BERt) v Commission'
Mark advised Budapesti Erömü Rt on their application for the annulment of the Commission State aid decision regarding power purchase agreements (PPAs) concluded between network operator MVM and the Hungarian State and certain electricity producers.
'Microsoft v Commission'
Mark represented Microsoft in their application for the annulment of a Commission Decision finding infringements of Article 82 EC. His advice focused on the IP aspects of the case.
'UPC France Holding BV v Commission'
Mark advised UPC France Holding BV on their application for the annulment of a Commission decision which provided that the public funding of a broadband network in the Limousin region did not contain any state aid element. The Commission's decision was subsequently withdrawn.
'Nintendo v Commission'
Mark supported an application for the cancellation or reduction of a fine imposed on the applicants by Article 3, first indent, of Commission Decision 2003/675/EC of 30 October 2002, relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement.

Publications

  • The synthetic rubber cartel – The European Commission's factual assessment is spotlighted, Competition Law Insight 2012
  • AG Sharpston voices opinion on the standard of judicial review over fines in cartel cases, White & Case, 2012, (Winner of the "Best Business Anticompetitive Practices Article – 2012 Antitrust Writing Awards", Institute of Competition Law.)
  • Recent EU Antitrust Investigations into Financial Services – What is the scope for antitrust intervention?, CPI Antitrust Chronicle 2011, (co-author with Katarzyna Czapracka)
  • Getting the Deal Through – Intellectual Property & Antitrust, (The European Union chapter) (co-author with Katarzyna Czapracka and Assimakis Komninos)
  • Competition Laws Outside the United States, American Bar Association 2011, (The European Union chapter)
  • EU-competition rules apply in full to conduct of dominant companies in regulated industries: lessons from judgment of European Court of Justice in Deutsche Telekom case, EuroWatch 2011
  • Director disqualification as a complement to EU antitrust fines: towards a more balanced sanctions policy, CPI Antitrust Journal 2010
  • Legal privilege for in-house lawyers in EU competition investigation: the end of the road?, Commercial Litigation Journal 2010

Awards & Recognition

Leading Lawyer, Chambers Europe 2014, Global 2014

Competition/European Law – Belgium

Recommended Lawyer, The Legal 500 EMEA 2014

Competition – Belgium