Dr. Assimakis Komninos
Biography
Chambers Global 2021 notes that he is "brilliant", giving "concrete advice and never hides behind legal words", while Legal 500 2020 lauds him for "his professionalism, proactive mentality and good communication ethos."
Overview
Assimakis Komninos's practice focuses on the newly adopted Digital Markets Act (DMA) and complex cases of abuse of dominance, restrictive agreements and Phase I and Phase II merger control reviews. He represents clients before the European Courts, the European Commission, national competition authorities, national courts and international arbitration tribunals. His highlights include representing Google in the Android case, Amazon in the Italian carve-out case (BuyBox), CCIA in Google Shopping and being part of the Microsoft litigation team (2004-2009). He has argued both of the only two competition preliminary reference cases to the European Court of Justice (ECJ) from Greece.
Clients look to Assimakis for his proven track record and his ability to combine quietly resolving the most sensitive and complex investigations with aggressively litigating to achieve the necessary results. Chambers Global 2021 notes that he is "brilliant", giving "concrete advice and never hides behind legal words", while Legal 500 2020 lauds him for "his professionalism, proactive mentality and good communication ethos." Clients also reported to Thomson Reuters that "he has a wide network of connections, he is well-integrated with the competition law community, and he has knowledge and insight in different markets and different geographies which he can use in providing us with support and advice."
Assimakis has represented clients with excellent results in proceedings before the Albanian, Croatian, Cypriot, French, Greek, Kosovo, Lithuanian, Romanian, and Slovenian competition authorities and Belgian, Bulgarian, Cypriot, French, Latvian, and Spanish courts. He has particular experience in arbitration cases involving competition issues, and in private antitrust litigation cases in national courts.
Assimakis is a former Commissioner and Member of the Board of the Hellenic Competition Commission (HCC).
Assimakis is currently a visiting professor at Université Panthéon Assas (Paris II) - LL.M. AWArDS (Assas World Arbitration and Disputes Settlement), a visiting fellow of the Centre for Law and Governance in Europe at University College London (UCL), and a member of the Executive Committee of the Global Competition Law Centre (GCLC) at the College of Europe. He is a prolific writer on legal matters and often gives speeches and seminars on EU law, and is a non-governmental advisor to the International Competition Network (ICN).
Experience
Google – Android – EU
Representing Google in its appeal against the European Commission's Android decision (abuse of dominance – exclusivity rebates).
CCIA – Google Shopping – EU
Representing the Computer and Communications Industry Association (CCIA), the sole intervener in support of Google in its appeal against the European Commission's Shopping decision (abuse of dominance – self-preferencing).
Amazon – BuyBox – EU
Representing Amazon in its challenge of the European Commission's carve-out of Italy in the decision opening proceedings in the BuyBox case (Article 11(6) Reg. 1/2003).
Microsoft – Interoperability information – EU
Part of the team that represented Microsoft in its appeal against the European Commission's 2004 decision (abuse of dominance - compulsory licensing of interoperability information).
Bulgarian Energy Holding – refusal to supply – EU
Represented BEH in its appeal before the General Court against the European Commission's BEH decision (abuse of dominance – capacity hoarding – refusal to supply).
GlaxoSmithKline – parallel trade cases – EU
Represented GSK before the ECJ and the Court of First Instance (General Court) in: Syfait v. GlaxoSmithKline and Lélos v. GlaxoSmithKline (parallel trade of pharmaceuticals - abuse of dominance), GlaxoSmithKline Services v. Commission (parallel trade of pharmaceuticals - Article 101) and EAEPC v. Commission (rejection of a complaint - parallel trade of pharmaceuticals - Article 101).
Hellenic Republic – Greek lignites – EU
Represented the Hellenic Republic intervening in support of Public Power Corporation (PPC) against the Commission's Greek lignites decision.
Chalkor – copper plumbing tubes – EU
Advised Chalkor in its challenge of a cartel fine. The Court of First Instance partially annulled the Commission's decision and reduced the fine. The case later led to the landmark Chalkor/KME rulings, which are the leading cases for competition law and due process.
Merger clearance in Aegean/Olympic II – EU
In a first for EU merger control, Assimakis 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.
Cosmote - Greece
Successfully represented Cosmote in an abuse of dominance (margin squeeze) proceeding before the Hellenic Telecommunications and Post Commission (EETT).
Mobile telephony – EU Phase II merger
Assimakis represented an international company active in mobile telephony in an EU merger Phase II filing.
Gas – EU Phase II merger
Assimakis advised a major energy company on questions of EU unbundling legislation and on EU merger rules in a Phase II case.
Abuse of dominance proceedings - Europe
Assimakis represented a major international company active in the coffee market in abuse of dominance proceedings, as well as in litigation in national courts and competition authorities.
Successful appeal against an EU State aid decision
Assimakis successfully represented a number of Greek casinos before the EU General Court, in an appeal against a European Commission State aid decision.
Investigations in the soft drinks and milk markets – Greece, Bulgaria, Croatia, Cyprus, Romania, Slovenia
Represented a major company active in the soft drinks and milk markets before the Bulgarian, Croatian, Cypriot, Greek, Romanian and Slovenian authorities and courts.
Eurozone crisis
Assimakis has advised sovereign and corporate clients on the Eurozone crisis and on Euro-exit risks.
EU competition law and arbitration
Assimakis has worked in a number of major ICC arbitration cases involving EU competition law, notably in paramedical products, liquefied natural gas and digital TV services.
Excessive and unfair pricing practices by airports – UK, Cyprus
Assimakis has advised companies active in car rental services in cases involving airports' excessive pricing practices. He successfully represented a major car rental operator in a complaint against an airport before the Cypriot Competition Commission
Click here for a full list of speaking engagements.
“Fundamental Questions and Challenges in Competition Law and Consumer Protection”, international conference on Essential State Functions in Platform Regulation, organized by Mathias Corvinus Collegium – MCC, Budapest, 11 November 2022 – posted on youtube
“Digital Markets Act Quo Vadis?”, online event organized by the Digital Markets Research Hub, 12 October 2022 – posted on youtube
“Big Tech & Private Enforcement”, 2022 Private Enforcement of Competition Law Conference, Informa, Brussels, 31 March 2022
“The consumer welfare standard – a “problem” to fix in EU competition law?”, 17th Annual Conference of the Global Competition Law Centre (GCLC) on “The Transformation of EU Competition Law: Next Generation Issues”, Bruges, 25-26 March 2022
“Exploitative abuses and discriminatory treatment in the digital sector”, 2022 International Competition Network (ICN) Unilateral Conduct Working Group (UCWG) Workshop, Brussels, 23 March 2022
“Antitrust Law Reforms in the EU, US & UK: Areas of Convergence and Divergence”, 3rd Digital Antitrust: How to Regulate? Conference, Concurrences, Paris, 17 March 2022
“Competition Law and the Onslaught of Dirigisme”, 25th Annual EU Competition Law and Policy Workshop on “Competition Law and Industrial Policy”, Florence, 10-11 March 2022
“The role of private enforcement and the Digital Markets Act”, webinar organized by the British Institute of International and Comparative Law (BIICL) on the “Unintended consequences of the DMA - fragmentation across the EU”, 6 December 2021
“The Google Shopping judgment of the EU General Court”, webinar organised by the Competition Law Working Group of the European University Institute (EUI), 22 November 2021.
Chairman of the Session on “Interplay between Regulation and EU Competition Law” for the Third Topic, “Competition Law and the Digital Economy”, FIDE Congress, The Hague, 3 November 2021
“Institutional Design and Procedural Rules”, online conference on “The Digital Markets Act: EU Competition Policy at a Crossroads”, organized by the Florence Competition Programme of the European University Institute, Florence, 16 November 2020
"Competition Law as a Tool to Regulate the EU Digital Economy?", Conference on Democracy and Human Rights in the Digital Age, organized by the College of Europe, Bruges, 19-20 February 2020
Moderator of the Session on "Regulation or Competition in the Digital Space: What’s Best for Consumers?", Conference on "Dynamic Competition in Dynamic Markets: A Path Forward", organized by Competition Policy International (CPI), Brussels, 24 October 2019
Moderator of the Session on "Remedies in Unilateral Conduct Cases", Unilateral Conduct Working Group, ICN Annual Conference, Cartagena, 14-17 May 2019
Moderator of the Session on "Cartel Settlements and Policy Enforcement across the EU", European Consumer and Competition Day Conference, Romanian Presidency of the European Union, Bucharest, 4 April 2019
"Recent Developments on Abuse of Dominance (Qualcomm, Google-Android, MEO, etc.)", Les mardis du droit européen de la concurrence, ULB European Studies Institute, Brussels, 13 November 2018
"Excessive Pricing", Plenary Session, 2018 ICN Unilateral Conduct Workshop, Stellenbosch (South Africa), 1-2 November 2018
"The Impact of the Intel Ruling on Rebates, Exclusive Dealing, and Tying", 23rd Annual EU Competition Law and Policy Workshop on "Competition Assessments – Abuse of Dominance", Florence, 22-23 June 2018
Click here for a full list of publications.
Ex post Evaluation of Competition Cases, Kluwer Law International, Alphen aan den Rijn, 2021 (Co-editor with Nicolas Petit)
“The Digital Markets Act and Private Enforcement: Proposals for an Optimal System of Enforcement”, in: Liber Amicorum Eleanor M. Fox - Antitrust Ambassador to the World, Nicolas Charbit & Sébastien Gachot (Eds.), Concurrences, New York, pp. 425-444, 2021
“Legal, Institutional and Policy Implications of the Introduction of a New Competition Tool”, Concurrences, 2021(1), art. N° 98145, pp. 1-13 (with Georgios Gryllos)
Remedies in EU Competition Law: Substance, Process and Policy, Kluwer Law International, Alphen aan den Rijn, 2020 (Co-editor with Damien Gerard)
Fairness in EU Competition Policy: Significance and Implications, An Inquiry into the Soul and Spirit of Competition Enforcement in Europe, Bruylant, Brussels, 2020 (Co-editor with Damien Gerard and Denis Waelbroeck)
"A Re-awakening of the Failing Firm Defense in the EU in the Aftermath of COVID-19?", Competition Policy International (CPI) Europe Column, April 2020 (with Jan Jeram and Iakovos Sarmas), also published at SSRN
"Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement", in: EU Competition Litigation, Transposition and First Experiences of the New Regime, Magnus Strand, Vladimir Bastidas & Marios C. Iacovides (Eds.), Hart Publishing, Oxford/Portland, pp. 155-171, 2019
"Intel: the ECJ Finally Speaks - Time to Listen!", Competition Law & Policy Debate, 2018(2), pp. 42-50
"Arbitration and Damages Claims Based on Competition Law Infringements", Liber Amicorum Ian S. Forrester QC LLD, A Scot without Borders, Volume II, Sir David Edward, Jacquelyn MacLennan & Assimakis Komninos (Eds.), Concurrences Review, New York, pp. 201-217, 2015
"Efficiency Defences in Abuse of Dominance Cases: Introduction", Concurrences, 2014(2), art. n° 65382
"Arbitration and EU Competition Law", International Antitrust Litigation, Conflict of Laws and Coordination, Jürgen Basedow, Stéphanie Francq & Laurence Idot (Eds.), Hart Publishing, Oxford/Portland, pp. 191–222, 2011
"IP Rights in the EU Microsoft Saga", Competition Law and the Enforcement of Article 102, Federico Etro & Ioannis Kokkoris (Eds.), Oxford University Press, Oxford, pp. 83–98, 2010 (with Katarzyna Czapracka)
EC Private Antitrust Enforcement, Decentralised Application of EC Competition Law by National Courts, Hart Publishing, Oxford/Portland, 2008
EC Competition Law: A Critical Assessment, Hart Publishing, Oxford/Portland, 2007 (Associate Editor; General Editors Giuliano Amato & Claus-Dieter Ehlermann)
The Euro: Law, Politics, Economics, The British Institute of International and Comparative Law, London, 2003 (Co-editor with Jean-Victor Louis)
Key Laywer, Competition: EU & Global - Belgium, Legal 500 EMEA 2022
Chambers Competition/European Law – Belgium
Chambers Foreign Expert for Greece
Best Lawyers 2021-2023, Belgium: Competition/Antitrust Law, European Union Law, Litigation
Chambers Corporate/Commercial – Greece, 2015 and 2016
Recommended by Legal 500 – Competition: EU and Global 2020
GCR International Who's Who of Competition Lawyers – Global Leader
Who's Who Legal: Thought Leaders – Competition 2020, 2023
Who's Who Legal: Life Sciences
Winner of the Client Choice Award 2015 for the Competition & Antitrust category for European Union
Lawdragon Global Litigation 500, Lawdragon
Euromoney Expert Guides, Competition & Antitrust
Thomson Reuters Stand-Out Lawyers – independently rated lawyers - 2022