Dr. Tilman Kuhn

Partner, Düsseldorf, Brussels

Biography

“First of all, Tilman Kuhn and his team stand out for their absolute expertise. Furthermore, the group has an outstanding feel for internal processes and the business of their clients, which ultimately leads to a very solution-oriented and trusted cooperation.” (Legal 500, Germany, Antitrust, Testimonial Quote)

Overview

Tilman is considered one of the leading antitrust lawyers in Germany. His international experience spans across a multitude of jurisdictions focusing on merger control reviews, cartel matters, vertical conduct investigations, dominance matters and civil and appellate litigation for clients across key industries, e.g., oil & gas/chemicals, pharmaceuticals, consumer products, automotive and tech.

He has a significant track record on handling merger control proceedings successfully before the German Federal Cartel Office, the European Commission and a number of other international agencies, including, e.g. Metso's landmark "merger" with Outotec, The Dow Chemical Company's US$130 billion merger of equals with DuPont*, The Dow Chemical Company/Rohm & Haas, Henkel/Adhesives & Electronics Business (National Starch), Airbus/Bombardier, and many others.

Clients also benefit from his experience in cartel matters (including follow-on damages litigation) and other behavioral investigations. One of his recent successes in cartel matters was the representation of Autoliv in an automotive components cartel investigation by the European Commission and other authorities and possible follow-on claims.

His creative approach and deep sector knowledge across many industries makes him a sought-after advisor, also for questions related to foreign investment control.

Prior to joining White & Case, Tilman worked in the Cologne and Brussels offices for a renowned US law firm, with a particular focus on German and European antitrust law.

Juve states competitors are describing Tilman as "good and well experienced, especially regarding merger control cases" and Who is Who Legal is describing him as "one of the leading young competition lawyers in Germany." Who's Who Legal dedicated, easy to work with and a talented thinker.

Tilman "advises strategically and creatively" states a client, and a competitor highlights, that he is a "very good and dedicated antitrust lawyer with a lot of experience especially in large merger control proceedings" (JUVE 2019/2020). Who's Who Legal described him "as one of the leading young competition lawyers in Germany" (Who's Who Legal, Future Leaders 2017).

He is a prolific author on antitrust law and is an active member of Studienvereinigung Kartellrecht.

Bars and Courts
Rechtsanwalt
Education
Dr jur
University of Cologne
Second State Exam
State of Northrhine-Westphalia
LLM
University of Amsterdam
First State Exam
Higher Regional Court of Cologne
Languages
German
English

Experience

LANXESS
Advising specialty chemicals company LANXESS on the sale of its 40 percent stake in the chemical park operator Currenta to funds managed by Macquarie Infrastructure and Real Assets.

Clariant AG
Advising Clariant AG on the CHF308 million sale of its Healthcare Packaging business to Arsenal Capital Partners.

Mediamarkt Saturn
Antitrust advice on a range of issues and projects, especially regarding the foundation of the European Retail Alliance with FNAC Darty.

Axel Springer/Pro7Sat1
Application for annulment of Federal Cartel Office merger prohibition (Oberlandesgericht Düsseldorf; Bundesgerichtshof)*

Lundbeck
Representation of Lundbeck before General Court and ECJ in its appeal against the Commission's decision fining Lundbeck for concluding reverse payment settlement agreements.*

Autoliv
Counsel to Autoliv in an automotive components cartel investigation by the European Commission and other authorities.*

Tilman advised Abott/Solvay, The Dow Chemical Company/DuPont, The Dow Chemical Company/Rohm & Haas, Henkel/Adhesives & Electronics Business (National Starch), Airbus/Bombardier, American Express, Loyalty Partner (Payback) on multi-jurisdictional merger control issues.*

*Experience prior to joining White & Case

Speaking Engagements

"25. Annual International Seminar on Competition Law", at the IBRAC conference in Brazil on November 6, 2019

"Recent Cases, Influential European Trends & Ethics" at the Antitrust TX conference in Houston on September 24, 2019

"Recent Developments in Cartels including Algorithmic Cartels" at the "Competition Law Challenges in the Motor Vehicle Sector" conference in Brussels, 2019

Publications

Law360: Expert Analysis "Innovative Collaborations Require Antitrust Flexibility", December 2019, Tilman Kuhn

European Competition Law Review: Between Coty, Guess and the new V-BER – where do we stand on e-commerce restrictions?, 2019, Issue 8 , pp. 376-382, Tilman Kuhn and Mathis Rust

Global Competition Review: Transatlantic convergence in merger control? - Time for EU procedural and institutional reform, June 2019, Tilman Kuhn

Knect365.com: Innocent Until Proven Guilty – Five Things You Need to Know About Killer Acquisitions, May 2019, Jacquelyn MacLennan, Tilman Kuhn, and Thilo Wienke

Knect365.com: 5 Things You Need To Know About The Debate: Whether "Common Ownership" Of Competitors By Institutional Investors Raises Antitrust Concerns, May 2019, Tilman Kuhn and Cristina Caroppo

Börsen-Zeitung: Parallele Minderheitsbeteiligungen im Fokus der Kartellbehörden (Parallel minority shareholdings in the focus of antitrust authorities ), March 2019, Interview with Tilman Kuhn

EC focus on internal documents: Time to rethink the architecture of the EU merger control process?, March 2019, Tilman Kuhn

Co-author, "Implications of the CJEU's Coty judgment for vertical online restrictions", Competition Law & Policy Debate, June 2018, Volume 4, Issue 2, (with Thomas Graf)

Co-author, "Lessons Learned from Merger Control of Minority Shareholdings in Germany", Revue Lamy de la Concurrence, 2014 (with A End) "The acquisition of significant competitive influence in German merger control - No model for Europe", Journal of Competition Law, ZWeR, 3/2011, pp. 258 et seq.

Commentary on Section 41 and 42 of the German Act against Restraints of Competition (GWB). Commentary on Articles 3 (forthcoming), 6, 10, 25 and 26 EUMR, Frankfurter Kommentar

Co-author, "Germany", The Dominance and Monopolies Review, Law Business Research, 2014-2018 (Chapter 10), (with Stephan Barthelmess)

Awards and Recognition

Named one of the "Most Renowned Lawyers for Competition Law" WirtschaftsWoche

Highly Recommended Lawyer: Antitrust and competition law,
Best Lawyers/Handelsblatt, 2020

Recommended Lawyer: Antitrust,
JUVE 2019/2020

Who's Who Legal Competition – Future Leaders 2018/2019/2020

Ranked Lawyers: Competition/European Law –
Chambers Germany, 2019/2020

Next Generation Partners
Legal500 2019/2020

"Top Lawyer 2019" for Antitrust,
WirtschaftsWoche

Top Dealmakers by mergerlinks,
FY 2019