Jérémie Jourdan

Partner, Brussels, Paris

Biography

“Jérémie Jourdan at White & Case is ‘a brilliant lawyer’ who has ‘shown his strength on a number of high-profile investigations in the pharmaceutical and banking sectors’. He is also noted for his expertise in merger control reviews before the European Commission.”
Who’s Who Legal: Competition - Future Leaders 2018

Overview

Jérémie assists clients in complex antitrust litigations before EU courts and merger control proceedings in a variety of sectors, including finance, pharmaceuticals and retail, manufacturing, and information technology.

For example, Jérémie has represented clients in several high profile antitrust litigations before EU courts, including significant wins for Servier (patent settlement agreements), INCA Achats (dawn raid appeal), and Toshiba in the Cathode Ray Tubes litigation (cartel appeal). He has also been representing Crédit Agricole in its appeal against the European Commission decision in the Euribor Benchmark case (on-going).

Jérémie also helps clients secure merger control clearances in large and complex cross-border transactions requiring multiple filings. Most recently, he advised automotive component manufacturer Faurecia in acquisition of Hella and mining machinery supplier Metso Corporation its merger with Outotec, two transformative deals for these White & Case clients. He also advised private equity fund Cobepa in its sale of J.F Hillebrand to DPDHL and sovereign fund ADQ in securing over 15 merger and FDI clearances for its acquisition of a minority stake in commodity trader Louis Dreyfus Company.

Between 2010 and 2012, Jeremie worked at the European Commission as part of the Hearing Officers' team. In this role, he developed significant expertise on the procedural rules governing EU antitrust and merger proceedings, and was involved in several high profile antitrust and phase II merger proceedings.

Bars and Courts
Paris Bar
Brussels Bar (E list)
Education
LLM
College of Europe
Master
Business law
Paris IX University (Dauphine)
Magistère BFA (Master’s degree), Economics and Finance
Paris IX University (Dauphine)
Languages
English
French

Experience

Court Litigation

Representation of Servier in its appeal against the European Commission decision in the Perindopril case, the largest case to date concerning patent settlement agreements in the EU pharmaceutical sector, involving the application of both Articles 101 and 102 TFEU (T-691/14 and C-201/19 P and C-176/19 P; on-going).

Representation of Crédit Agricole in its appeal against the European Commission's Euribor decision (T-113/17; on-going). The case raises multiples issues regarding procedure (impartiality), substantive law (restriction by object, single infringement) and fines.

Representation of INCA Achat in its appeal against the 2017 European Commission dawn raid decision (T-254/17 and C-693/20 P).

Secured a significant victory for Japanese company Toshiba Corporation in its challenges before EU Courts against the Commission cartel decision in Cathode Ray Tubes (T-104/12).

Representation of Toshiba in the Gas Insulated Switchgear (T-404/12) and Transformers (T-519/09) cartel appeals.

Pro bono representation of a client before the Court of Justice regarding the compatibility of French bar admission rules with EU rules on free movement (C-218/19).

Merger Control

Assisted private equity fund Cobepa in the merger control process for the sale of JH Hillebrand to DPDHL, which included reviews in the EU, UK, US, South Africa, Chile.

Assisted French automotive component supplier Faurecia in securing clearances in over 10 countries for its acquisition of German automotive component supplier Hella (incl. EU, US, China, South Africa, Brazil, South Korea).

Assisted Finnish mining machinery supplier Metso Corporation in securing clearances in 20 jurisdictions, including EU, US, China, Canada (phase 2), India, Australia, South Africa, Chile, for its merger with rival Outotec.

Assisted Abu Dhabi sovereign fund ADQ in securing 17 antitrust and FDI clearances for its acquisition of a minority stake in commodity trader Louis Dreyfus Company.

Assisted Metso Corporation in securing global clearances for its acquisition of rival McCloskey including in the US, Canada, Germany, Austria.

Assisted Deutsche Telekom / T-Mobile in securing unconditional phase II approval from the European Commission for its acquisition of rival Tele 2 in the Netherlands.

Assisted Metso Corporation in securing global clearances for the its acquisition of pulp machinery equipment rival Aker Kvaerner (including phase II proceedings before the EC, in Case COMP/M.4187).

Assist Finnish group Luvata in its acquisition of Italian company Eco (including phase I proceedings with remedies before the EC, in Case COMP/M. 4750).

Experience at the European Commission*

The review of the hearing officers' terms of reference and European Commission Best Practices in Antitrust Proceedings in 2011.*

Various cartel investigations, including the freight forwarding case (case 39462).*

Merger control phase 2 proceedings, notably: Olympic/Aegean I (M.5830) and Deutsche Börse/NYSE Euronext (M.6166) (both prohibition decisions); UPM-Kymmene/Myllykoski Paper (M.6342); Johnson & Johnson/Synthes (M.6266); SC Johnson /Sara Lee (M.5969); Western Digital/Viviti (M.6203); and Caterpillar/MWM (M.6106).*

Other

Assisted the COMESA Competition Commission on the preparation of antitrust guidelines implementing its competition regulations.

* Experience at the European Commission (Hearing Officers' team)

Publications

"EU General Court confirms EU decision fining Canon € 28 million for gun jumping in warehousing scheme", White & Case Alert, 25 May 2022 (with K. Czapracka, A. Schulz, T. Kuhn and P. Citron)

"French Competition Authority decides rare failing firm defence case", White & Case Alert, 4 May 2022 (with J. Marthan, R. Wendebourg and A. Archimbaud)

"Gun-jumping – The French Competition Authority fines COFEPP for failure to notify and completing the transaction before clearance", White & Case Alert, 28 April 2022 (with J. Marthan, R. Wendebourg and C. Coulon)

"Judicial review & burden of proof in unilateral practice cases: an overview of EU and national case law", e-Competitions No 102701, November 2021 (with N. Forwood and C. Börner)

"The Commission rejects gun jumping claims in a merger transaction between two companies in the water and waste management market (Veolia/Suez)", e-Competitions No 99597, December 2020 (with J. Marthan and T. Kuhn)

"Competition Law and Fundamental Rights", Journal of European Competition Law & Practice, Volume 11, Issue 10, December 2020, pp. 623-640 (with F. Abouzeid)

"Catch-22: The European Commission keeps broadening merger control intervention powers and gives a glimpse of the future", White & Case Alerts, September 2020 (with T. Kuhn, T.-M. Wienke and K. Czapracka)

"European Union: Pharmaceuticals", The European, Middle Eastern and African Antitrust Review 2020, GCR, July 2019 (with J. Killick, A. Komninos, S. Sakellariou-Witt and A. Schulz)

"What the Servier judgment teaches us about market definition under Article 102 and patent settlement agreements under Article 101", CPI EU News Column, February 2019 (with J. Killick and P. Pêcheux)

"The Servier Judgment: The General Court Annuls the Commission's Market Definition but Confirms the Illegality of Certain Patent Settlement Agreements", Journal of European Competition Law & Practice, Vol.10 (1), pp.25-30, January 2019 (with J. Killick and P. Pêcheux)

"Competition Law and Fundamental Rights", Journal of European Competition Law & Practice, volume 9, issue 10, December 2018, pp. 666–677

"KPN BV v European Commission: EU Merger Clearance Annulled for Insufficient Reasoning", Journal of European Competition Law & Practice, Volume 9, Issue 5, pp. 317-319, May 2018

Foreword, "Judicial review and competition law: An overview of EU and national case law", e-Competitions No 82445, January 2017 (with N. Forwood)

"The EU Court of Justice annuls a decision of the Commission", e-Competitions N° 79203, April 2016 (with J. Killick, M. Powell and A. Schulz)

"The EU Court of Justice clarifies certain aspects of the review of legality and the unlimited jurisdiction regarding fines", e-Competitions N° 79181, April 2016

"The Commission's Lundbeck decision: a critical review of the Commission's test for patent settlement agreements", Competition Policy International, January 2015 (with J. Killick and J. Dickinson)

"Cartes Bancaires: A Revolution or a Reminder of Old Principles We Should Never Have Forgotten", Competition Policy International, December 19, 2014 (with J. Killick)

"Droits procéduraux des entreprises dans les procédures de cartel de l'Union européenne", Journal de droit européen 2013, v. 21, n. 204, p. 381, December 2013

"Relying on legal advice does not prevent a fine says ECJ", Lexis Nexis, June 2013 (with J. Killick)

"The role of hearing officers in EU competition proceedings: a historical and practical perspective", Journal of European Competition Law & Practice, 2011 (with M. Albers)

Awards and Recognition

Next Generation Partner, Competition: EU and global, Legal 500 EMEA (2021, 2022)

Who's Who Legal: Competition (2021, 2022)

Who's Who Legal: Competition – Future Leaders (2017, 2018, 2019, 2020)