Strati Sakellariou-Witt | White & Case LLP International Law Firm, Global Law Practice
Stratigoula Sakellariou
Stratigoula Sakellariou

Strati Sakellariou-Witt

Associate, Brussels, Frankfurt

T +32 2 239 26 16

T +49 69 299 941273

E ssakellariou@whitecase.com

Overview

Strati advises on European competition law and general European Union law questions. She represents clients in merger control reviews, abuse of dominance and cartel proceedings. She has advised companies active in a broad range of industries, including IT, telecommunications, consumer goods, consumer electronics, pharmaceuticals, energy, chemicals, oil & gas, and transport.

She has represented clients before the European Commission in Phase I and Phase II merger control reviews, and has comprehensive experience in representing companies in in-depth investigations which include negotiation of divestitures.

Strati has represented clients in cartel investigations before the European Commission and on appeal in leading cases before the EU courts, including: 'Toshiba v Commission' (gas insulated switchgear); 'Chalkor v Commission' (copper plumbing tubes); 'Toshiba v Commission' (power transformers); and 'Toshiba v Úřad pro ochranu hospodářské soutěže' (ne bis in idem/parallel cartel investigations). Given the global nature of alleged cartel infringements, she has also advised, together with local counsel, clients in multinational cartel proceedings before the Czech, Slovak, Hungarian and Israeli authorities and courts.

Her practice also focuses on abuse of dominance proceedings before the European Commission as well as the Greek and Cypriot competition authorities and courts and has represented clients in relation to different types of conduct, including rebates (soft drinks, milk, semiconductors), excessive pricing (car rentals, FRAND licensing), refusal to supply, margin squeeze (telecoms).

She has particular expertise in pharmaceuticals and life sciences, where she advises clients on competition law questions, including distribution, rebates, generic and biosimilar entry. She has also successfully represented major pharmaceutical companies in abuse of dominance court proceedings in relation to parallel trade of pharmaceuticals in Greece. In addition, Strati has experience in a number of EU regulatory law questions, notably in pharmaceuticals, biotech and other life sciences sectors. She writes on a regular basis on a broad range of life sciences issues and sits on the editorial board of a quarterly newsletter produced for a multinational pharmaceutical company.

Strati advises regularly on questions of EU competition compliance and has conducted mock dawn raids for major international companies. Her secondment to a multinational conglomerate corporation, where she assisted the European Chief Compliance Officer on competition law compliance issues across Europe, provided her with invaluable insight from an industry perspective.

Bars and Courts

  • Frankfurt Bar
  • New York State Bar
  • Athens Bar (Court of Appeal)

Education

  • LLM, New York University School of Law
  • LLM, University of Athens
  • LLB, University of Athens
  • University of Salamanca

Languages

  • English
  • French
  • Greek
  • Spanish

Experience

Abuse of dominance (margin squeeze) proceeding – Greece, ongoing

Strati is representing a major Greek mobile telephony company in an abuse of dominance (margin squeeze) proceeding before the Hellenic Telecommunications and Post Commission (EETT).

Toshiba—global proceedings—appeal to European Courts, ongoing

Strati represented Toshiba Corporation in multijurisdictional cartel proceedings concerning Gas Insulated Switchgear. This involved a successful appeal of the original European Commission decision fining Toshiba €90.9 million for participating in a global cartel to the European General Court—where the Court annulled in full the fine on Toshiba—and a further appeal to the Court of Justice of the EU. An appeal to the General Court was lodged against the new, lower, fine imposed by the Commission.

Merger clearance in Zimmer/Biomet, 2015

Strati represented Zimmer Holdings, a world leader in musculoskeletal health solutions, in obtaining merger clearance from the European Commission for its $13.35 billion acquisition of Biomet, Inc. This complex Phase II case was cleared two months prior to the official deadline.

Merger clearance in Wilmar/Fox JV, 2015

Strati represented Wilmar International Inc, Asia's leading agribusiness group, in obtaining merger clearance from the European Commission for its joint venture with Fox Petrolifera Italiana SpA.

Excessive and unfair pricing practices by airports –Cyprus, 2015

Strati has advised companies active in car rental services in cases involving airports' excessive pricing practices. She successfully represented a major car rental operator in a complaint against an airport before the Cypriot Competition Commission.

Merger clearance in Aegean/Olympic II, 2013

In a first for EU merger control, Strati achieved a significant success for Aegean Airlines before the European Commission, which cleared the Greek carrier's proposed acquisition of its rival Olympic Air. This was the second time the two companies had tried to merge, following Olympic/Aegean I, when the Commission prohibited the transaction.

Pfizer – parallel trade proceedings– Greece, 2013

Strati successfully represented Pfizer Inc. in three separate proceedings before the Greek civil courts initiated by pharmaceutical wholesalers requesting large quantities of prescription medicines in order to export them.

Abuse of dominance investigations in the soft drinks and milk markets – Greece, Cyprus, 2013

Strati represented a major company active in the soft drinks and milk markets before the Greek and Cypriot authorities and courts in relation to abuse of dominance proceedings with regard to rebates and refusal to supply.

Toshiba—preliminary ruling to Court of Justice of the EU, 2012

Strati represented Toshiba Corporation in a seminal preliminary ruling to the European Court of Justice, which established the principles governing the scope for parallel proceedings by national competition authorities and the European Commission.

Halcor – appeal before the Court of Justice of the EU, 2012

Strati represented Halcor S.A. (previously Chalkor Metal Works) in an appeal to the Court of Justice of the EU against a European Commission cartel decision concerning copper plumbing tubes. The case raised fundamental questions of due process and judicial review which shaped the case law of European competition law.

Speaking Engagements

"Parallel Trade Strategies – an update", 10-11 February 2014: SMi 8th Annual Conference on Parallel Trade,
London

"Reform of the EU transparency directive" , 21-22 October 2013: SMi 19th Annual Conference on Pharmaceutical Pricing & Reimbursement,
London

Publications

  • Lessons to Keep in Mind for Your Next Complex Global Deal, Transaction Advisors, December 2015 , (co-author with M. Powell)
  • Huawei v ZTE—No More Need to Look at the Orange Book in SEP, CPI Antitrust Chronicle, October 2015, (co-author with J. Killick)
  • Mobile health apps – are they a regulated medical device?, W&C Technology Newsflash, August 2015, (co-author with K. Rübsamen)
  • The 'As Efficient Competitor Test' After Post Danmark: Emphasis on Margin Squeeze, Concurrences - Revue Des Droits de la Concurrence, September 2013 , (co-author with A. Komninos)
  • Due process in competition cases: a step forward by the ECJ, Commercial Dispute Resolution, January 2012, (co-author with J. Killick)
  • The ECJ Advocate General Sharpston voices opinion on the standard of judicial review over fines in cartel cases (KME), Bulletin e-Competitions ECHR, February 2011, (co-author)