Dr. Assimakis Komninos
Biography
Chambers Global 2021 notes that he is “brilliant”, giving “concrete advice and never hides behind legal words”, while Legal 500 2024 lauds him for being “a very charismatic litigator, who has a unique style when getting his arguments across to the Court. ”
Overview
Assimakis Komninos's practice focuses on complex cases of abuse of dominance, restrictive agreements and merger control reviews and on the newly adopted Digital Markets Act (DMA) and Digital Services Act (DSA). 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 and Heureka cases, Amazon in the Italian carve-out case (BuyBox), CCIA in Google Shopping, BEH in Bulgarian Energy Holding, GlaxoSmithKline in Syfait, Lelos and GSK Spain and being part of the Microsoft litigation team (2004-2009). He has also appeared before the European Court of Justice (ECJ) in a number of preliminary reference cases, including the only two competition preliminary references 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 Europe 2024 notes that "his knowledge of the jurisprudence is impeccable" and "he assesses everything with a critical eye", while Legal 500 2020 lauds him for "his professionalism, proactive mentality and good communication ethos."
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, Greek, 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) 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.
Experience
Matters
Google – Android – EU
Successfully represented Google before the General Court in its appeal against the European Commission's Android decision (abuse of dominance – exclusivity rebates – AEC test). Representing Google on appeal before the ECJ.
Google – Heureka – EU
Represented Google before the ECJ in the Heureka preliminary reference from the Czech Republic, which related to the applicability of the Damages Directive to a follow-on claim for damages further to the Commission's Google Shopping decision.
CCIA – Google Shopping – EU
Represented before the EU Courts 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
Represented 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 before the General Court in its appeal against the European Commission's 2004 decision (abuse of dominance - compulsory licensing of interoperability information).
Very large online platform – DSA commitments decision – EU
Representing a video hosting service which has been designated as a very large online platform (VLOP) in the successful settlement of a DSA investigation, which resulted in the first ever DSA commitments decision (August 2024).
Bulgarian Energy Holding – refusal to supply – EU
Successfully representing BEH in its appeal before the General Court against the European Commission's BEH decision (abuse of dominance – capacity hoarding – refusal to supply – full annulment of the decision).
Autotechnica – operational leasing – EU
Successfully represented Autotechnica (franchisee of Hertz for Croatia) before the ECJ in a Croatian preliminary reference case raising questions of compatibility of national legislation with the EU Services Directive.
GlaxoSmithKline – parallel trade cases – EU
Successfully represented GSK before the EU Courts in the following landmark cases: 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
Successfully represented before the General Court 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 (General Court) 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.
Mobile telephony – EU Phase II merger
Represented an international company active in mobile telephony in an EU merger Phase II filing.
Gas – EU Phase II merger
Advised a major energy company on questions of EU unbundling legislation and on EU merger rules in a Phase II case.
Successful appeal against an EU State aid decision
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 competition authorities and courts.
EU competition law and arbitration
Worked in a number of major ICC arbitration cases involving EU competition law, notably in paramedical products, liquefied natural gas and digital TV services.
Click here for a full list of speaking engagements.
"2024 In EU Competition Law: Cases, Development, Discussion | Digital Markets Act", online event organized by the Digital Markets Research Hub, 16 December 2024 – posted on youtube
Moderator of the 8th Global Competition Law Centre (GCLC) Evening Policy Talk with Executive Vice-President Margrethe Vestager, "Margrethe Vestager: Europe's Competition Advocate – Ten Years at the Helm of Competition Law Enforcement", Brussels, 2 October 2024
"The Future of Article 102 TFEU", seminar organized by the British Institute of International and Comparative Law (BIICL), Brussels, 22 February 2024
"EU Competition Law Key Developments in 2023", online event organized by the Digital Markets Research Hub, 22 December 2023 – posted on youtube
"Antitrust and populism", In Conversation podcast, 24 October 2023 – posted on spotify
"Judicial Review in Competition Cases", Slovenian Competition Day, organised by the Slovenian Competition Protection Agency, Ljubljana, 3 October 2023
Q&A Session with Director General Olivier Guersent, 50th Annual Conference on International Antitrust Law and Policy, Fordham Competition Law Institute, New York, 21-22 September 2023
"Habemus Gatekeepers - The EC has now adopted its first DMA designation decisions", Wolters Kluwer International Law Talk podcast, 7 September 2023 – posted on spotify
"International Experiences in the Development and Regulation of Digital Markets", Evidence given before the Economic Development Commission – CDE (Comissão de Desenvolvimento Econômico) of the Chamber of Deputies of Brazil (Câmara dos Deputados), 10 August 2023
"Consumer Welfare and the EU Courts", Instituto de Derecho de la Competencia - IDC podcast, 11 May 2023 – posted on spotify
"The 11th Amendment to the German Competition Act GWB", online event organized by the Digital Markets Research Hub, 11 April 2023 – posted on youtube
Moderator of the fireside chat with Director General Olivier Guersent of the European Commission on the future of EU competition law enforcement, 15th Global Competition Law Centre Evening Policy Talk, 6 February 2023
"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
"Exploitative abuses and discriminatory treatment in the digital sector", 2022 International Competition Network (ICN) Unilateral Conduct Working Group (UCWG) Workshop, Brussels, 23 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
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.
"Private Enforcement of the DMA Rules before the National Courts", 5 April 2024, available at SSRN
"A long telegram to the next EU competition commissioner", Global Competition Review, 12 July 2023
The Transformation of EU Competition Law, Next Generation Issues, Kluwer Law International, Alphen aan den Rijn, 2023 (Co-editor with Adina Claici and Denis Waelbroeck)
"'Consumer Welfare' and the EU Courts: An Unexpected Refuge for a Persecuted Concept?", in: Antitrust and the Bounds of Power – 25 Years On, Oles Andriychuk (Ed.), Hart Publishing, Oxford, 2023, Pages 73-86
"The Digital Markets Act: How Does it Compare with Competition Law?", IUS Giuffrè Francis Lefebvre, Portale UE e Internazionale – October 2022, also published at SSRN
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
"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
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 2024
Chambers Competition/European Law – Belgium
Chambers Foreign Expert for Greece
Best Lawyers 2021-2023, Belgium: Competition/Antitrust Law, EU Business Regulation
Chambers Corporate/Commercial – Greece, 2015 and 2016
GCR International Who's Who of Competition Lawyers – Global Leader
Who's Who Legal: Thought Leaders – Competition 2024
Who's Who Legal: Life Sciences
EU Business Regulation Lawyer of the Year in Belgium - Lawyer Network Annual Awards 2023
Winner of the Client Choice Award 2015 for the Competition & Antitrust category for European Union
2023 Lawdragon 500 Leading Global Litigators Euromoney Expert Guides, Competition & Antitrust
Thomson Reuters Stand-Out Lawyers – independently rated lawyers
