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- Peter D. Camesasca
Peter D. Camesasca 박사는 상기 법률회사의 브뤼셀 사무소 파트너로서 유럽연합, 국가 경쟁법 및 소송의 모든 주요 분야에서 광범위한 경험을 갖추고 있습니다.
Camesasca 박사는 IT 및 기계 산업뿐만 아니라 운송(주로 항공 및 해운) 분야에 주력하고 있으며, 경쟁사 간 상호 교류를 전문으로 모든 종류의 인수 합병 및 합작 투자 활동(연구 개발, 합작 개발, 기술 이전 등), 지적 재산/독점 금지, 그리고 비공식적인 다양한 형태의 경쟁사 협력에 대한 자문 서비스를 제공하고 있습니다.
Camesasca 박사는 규제 관련 문제 외에 독점 금지에 근거하여 제기된 중대한 이해 관계가 있는 다양한 손해 배상 청구(카르텔 및 독점 관련 청구)에서 의뢰인들을 변호하고 있습니다.
Camesasca 박사는 Chambers Global 2011에서 “세세한 부분까지 놓치지 않는 예리한 안목과 효과적으로 고객의 이익을 대변하는 능력”으로 인정을 받았습니다.
Camesasca 박사는 순수한 정보 교환부터 카르텔 등의 혐의에 이르기까지 101조 위반 행위에 대해 고객에게 자문을 제공하며, 열 안정기, DRAM, SRAM, 탄화칼슘, 항공화물, 화물 운송업자, TFT-LCD(1&2), 스마트 카드, 전원 케이블, 자동차 부품, 정기선 운송 및 다양한 기밀 사안을 비롯한 유럽 위원회의 최근 카르텔 조사건의 다수에 있어서 의뢰인들의 입장을 대변하였거나 여전히 대변하고 있습니다. 국내 법정에 제기된 관련 후속 청구 소송 또는 소송 위협에 대해 의뢰인을 변호하고 있습니다.
또한 Camesasca 박사는 지적재산 관련 사안에 대한 독점금지 측면, 특히 표준화, 표준-필수 특허, 금지 명령, 비활동 실체에 대한 접근법 등을 전문적으로 취급합니다. 삼성전자의 특별 법률고문으로 2년간 재임하는 동안 Camesasca 박사는 삼성전자를 상대로 한 유럽연합의 조사 과정에서 실질적인 책임을 맡고, 삼성전자의 부정 행위 판결 없이 금지명령의 가용성을 다루는 혁신적인 합의를 이끌어낸 바 있습니다.
Camesasca 박사는 유럽 위원회, 유럽 법정, 독일 연방 카르텔청, 영국 공정거래국, 벨기에 경쟁위원회 및 다양한 국가의 법원에서 변호 활동을 하였습니다.
- 스마트폰 및 태블릿에서 사용되는 3G 표준과 관련된 삼성의 표준 필수 특허(“SEP”) 집행과 관련된 유럽연합 합의에서 삼성전자를 대변하고, 유럽연합 합의는 삼성에 대한 침해 판결이나 벌금 부과 없이 삼성에 대한 조사를 종결하였습니다.
- 유럽연합의 TFT-LCD(1&2) 조사에 있어서 삼성전자를 대변하고, 유럽의 TFT-LCD 담합 혐의 조사의 모든 사안에 대해 삼성전자의 수석 변호사로 활동했습니다.
- 유럽연합 내의 스마트 카드 칩 카르텔 조사에 있어서 삼성전자를 대변했습니다.
- 다양한 민사 후속 청구 소송과 관련하여 삼성전자를 대변했습니다.
- 유럽연합 내에서 컨테이너 운송 조사와 관련하여 Hapag-Lloyd 및 United Arab Shipping Company를 대변했습니다.
- 유럽연합 경쟁법의 다양한 측면과 관련하여 6개 정기선 운송사를 대변(동맹 및 협조 형식의 계약 취급)했습니다.
- 유럽연합의 데이터 수집/전파 활동의 모든 측면과 관련하여 World Liner Data 및 Container Trade Statistics를 대변했습니다.
- 다양한 유통 관련 사안(유럽연합 및 국가별)과 관련하여 삼성전자를 대변했습니다.
- 다양한 지적 재산 관련 사안(유럽연합 및 국가별)과 관련하여 삼성전자를 대변했습니다.
- 유럽연합 내에서 다양한 거래 사안과 관련하여 삼성전자를 대변했습니다.
- 운송업 담합 혐의에 대한 유럽 위원회의 조사에서 주요 미국 화물 운송업자를 대변했습니다.
- 유럽연합의 DRAM 조사에서 삼성전자를 대변하고, 유럽연합의 DRAM 담합 혐의 조사의 모든 측면과 관련하여 삼성전자의 수석 변호사 역할(2010년 유럽연합 경쟁법에 의거한 최초 합의의 일부로 처리됨)을 담당했습니다.
- Truvo Netherlands/European Directories를 대변했습니다. European Directories와의 합병에 있어서 세계 굴지의 디렉토리 서비스 제공업체이며 네덜란드 내에서 Gouden Gids(업종별 전호번호부) 발행업체인 Truvo(구호칭은 World Directories임)의 수석 변호사 역할을 담당했으며, 2 대 1 합병에서 네덜란드 경쟁국은 구체적인 경제 평가에 근거하여 구제조치 없는 승인 결정(2008에 허가하였으며 후속 상고심에서 승소)을 내렸습니다.
- 유럽연합의 해운동맹 포괄 면제 및 콘소시엄 포괄 면제(2003-2009) 검토에 있어서 세계적인 21개 정기선 운송사의 그룹인 European Liner Affairs Association을 대변했습니다. 전례 없는 5년 간의 규제 검토 후에 전술한 해운동맹 포괄 면제의 폐지에 이어, 유럽 위원회 해사 지침의 형태로 대체 체제를 수립하였으며, 동 제도는 이어서 유럽 위원회 수평 지침에 다루어진 정보 교환의 토대를 형성하였습니다.
- Honeywell 대 유럽 위원회 및 GE 대 유럽 위원회. 일반적으로 유럽 위원회 합병 규제에 있어서 전환점으로 간주되는 유럽 위원회의 GE/Honeywell 결정에 대해 유럽 일반 법원에서 획기적인 항소에서의 중재와 관련하여 주요 항공전자 제조업체인 Rockwell Collins의 변호사 역할을 담당했으며, 양 사건에서 유럽 위원회의 입장을 지지하였고 승소를 이끌어냈습니다(2005).
December 14, 2020, Covington Alert
The UK Supreme Court has ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service, in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 million people who, between 22 May 1992 and 21 June 2008, purchased goods and/or ...
December 11, 2020, Covington Competition
The UK Supreme Court has today ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service., in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 million people who, between 22 May 1992 and 21 June...… Continue Reading
December 4, 2020, Covington Competition
On 2 December 2020, the German government prohibited the acquisition of German company IMST GmbH, Kamp-Lintfort (“IMST”) by a Chinese investor. This is the second high profile prohibition decision issued by the German government this year on the grounds of Foreign Direct Investment (“FDI”) rules. Read in conjunction with the upcoming legislative tightening of ...
November 12, 2020, Covington Alert
The UK government has published long-awaited draft legislation that, if made law, will introduce significant new powers to scrutinise Foreign Direct Investment (“FDI”). The National Security & Investment Bill (the “NSI Bill” or the “Bill”), is proposed to introduce mandatory filing obligations and pre-clearance requirements for all transactions in the most ...
November 2020, Concurrences N° 4-2020
October 13, 2020, Covington Competition
On October 11, 2020, the EU FDI Screening Regulation (EU) 2019/452 – the “Regulation”) entered fully into force. The Regulation, which was approved and adopted in March 2019, establishes a framework for the screening of foreign direct investments (“FDI”) by EU Member States in which decision-making powers rest at the Member State level. Significantly, from...… ...
The European Commission Adopts a White Paper on Foreign Subsidies to Protect the EU Single Market
September 25, 2020, Covington Competition
On 17 June 2020, the European Commission (‘Commission’) published a White Paper “on levelling the playing field as regards foreign subsidies” which outlines a proposal for a series of new investigatory and enforcement tools, intended to identify and counteract the possible distortions of competition in the EU single market due to foreign subsidies. A public...… ...
September 14, 2020, Covington Competition
The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct investment (“FDI”) that has an ‘EU-dimension’ will come into effect. As...… ...
September 14, 2020, Covington Alert
The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct investment (“FDI”) that has an “EU-dimension” will come into effect.
June 24, 2020, Covington Competition
On June 22, 2020, the UK Government introduced legislation to Parliament that further strengthens its ability to intervene in transactions on national security and other public interest grounds. Specifically, the UK Government has sought additional powers to intervene in transactions where there is need to preserve the capability of the UK to respond to a...… ...
June 18, 2020, Covington Competition
On 17 June 2020 the European Commission (“Commission”) published a White Paper on new enforcement powers regarding foreign subsidies. This initiative pursues two objectives, first it sets out a general policy approach for foreign subsidies, and second, it provides a number of proposals to address a perceived regulatory gap. More specifically, the White Paper ...
June 18, 2020, Global Competition Review
Horst Henschen and Peter Camesasca spoke with Global Competition Review about the European Union’s new tools to address competitive distortion. Mr. Henschen says the supervisory authority will have “very broad powers to intervene.” The idea that the commission should be the competent supervisory authority may also “lead to a lively debate.” Mr. Camesasca says ...
UK Government Appears Ready to Bring Forward Legislative Proposals for More Rigorous FDI Screening
June 4, 2020, Covington Alert
The UK has, in recent years, been one of the most attractive and open climates for foreign direct investment (“FDI”). Whilst the UK’s net FDI inflows have fallen significantly since 2016, it remains, as of 2018, one of the highest ranked countries in the world by FDI inflows. However, the UK Government’s power to scrutinise and intervene in FDI transactions ...
June 1, 2020, Covington Competition
The FDI space in Europe remains dynamic. Less than five months from the entering into force of the EU FDI Regulation, and just two months since the European Commission asked the Member States to both strengthen and “vigorously” implement the tools available to them and, where appropriate, introduce new FDI screening mechanisms –on which we...… Continue Reading
April 28, 2020, Covington Competition
The European Commission has added to its call to Member States to act on foreign direct investment (“FDI”) by announcing that it is ready to support EU-level cooperation on FDI now. Spurred on by the COVID-19 crisis and the perceived vulnerability of key EU assets, the informal cooperation announced by the Commission will bring into...… Continue Reading
German Competition Authority Provides Guidance on the Interplay of Merger Control and FDI Screening
April 28, 2020, Covington Competition
On 27 April 2020 the Federal Cartel Office in Germany (“FCO”) cleared the acquisition of Vossloh Locomotives GmbH (“Vossloh Locomotives”) by Chinese manufacturer CRRC Zhuzhou Locomotives Co. Ltd. (“CRRC”). FCO President Andreas Mundt stated that the in-depth investigation found that initial concerns were not serious enough to justify prohibiting the transaction. ...
CRRC/Vossloh cleared in Germany
April 27, 2020, Global Competition Review
Peter Camesasca is quoted in Global Competition Review regarding a controversial deal, which was approved by Germany’s Federal Cartel Office, between a pair of locomotive manufacturers. Mr. Camesasca says the case will prove to be a “relevant precedent” because the FCO “came out purely on competition grounds.” Despite heightened awareness regarding foreign ...
April 17, 2020, Politico
Horst Henschen and Peter Camesasca spoke with Politico about the European Commission’s push to make foreign investment screening less national and more European. However, Italy is not conforming to the idea. Mr. Henschen says, “I hope this is really due to the corona crisis and that things will go back to normality, as otherwise there will be apparent conflicts ...
March 26, 2020, Covington Alert
On March 25, 2020, the European Commission (“Commission”) published a policy paper to provide guidance to the EU Member States regarding takeovers by non-EU (“foreign”) investors of EU companies and assets in "strategic industries" during the Covid-19 crisis (the “Guidance Paper” or the “Guidelines”). The Commission emphasizes the importance of vigorously ...
DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases
July 15, 2019, Covington Alert
The U.S. Department of Justice Antitrust Division has long been out-of-step with the rest of the DOJ in refusing to consider the compliance programs of corporate antitrust offenders in charging or sentencing decisions. But on July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to ...
Covington Advised SK Holdings in $100M Investment
January 30, 2019
PALO ALTO—Covington advised South Korea-based SK Holdings in its $100 million investment in Kinestral Technologies, Inc. The Series D funding round was led by SK Holdings and included existing Kinestral investors like 5AM Ventures, Alexandria Real Estate, Capricorn Investment Group, and Versant Ventures. Headquartered in the San Francisco Bay Area, Kinestral ...
January 16, 2019, Covington Alert
On December 19, 2018, the German Government decided to further tighten the rules for the control of foreign investments in German companies under the German Foreign Trade Regulation (Außenwirtschaftverordnung, “AWV” - the “Amendment”). Already in July 2017, the German Government adopted stricter rules for the control of foreign investments.
June 26, 2018, Covington Alert
On June 21, 2018, the European Commission (“Commission”) started a new investigation to determine whether so-called destination clauses in Qatar Petroleum’s liquefied natural gas (“LNG”) supply contracts with European buyers infringe the European Union (“EU”) antitrust rules.
July 24, 2017, Covington Alert
On Friday July 21, 2017 the UK’s Competition Appeal Tribunal (the “CAT”) handed down its second class certification decision under the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). It dismissed the application for two reasons. First, the proposed representative failed to show that it could reasonably estimate damages in the ...
April 7, 2017, Covington Alert
The UK’s Competition Appeal Tribunal (the “CAT”) has handed down its first class certification judgment in relation to the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). The result? The hearing has been adjourned, with the proposed representative allowed to file and serve an amended Claim Form and revised expert evidence, if so ...
July 13, 2016, Covington Alert
On July 1, 2016, the German Federal Ministry of Economic Affairs and Energy published a proposed draft amendment to the German Act against Restraints of Competition, which would introduce a new merger control notification threshold based on transaction value. The draft (i) introduces a new merger control notification threshold based on transaction value, (ii) ...
Courts face long-term Brexit questions
July 5, 2016, CDR News
Peter Camesasca and Alex Leitch are quoted in a CDR article regarding the long-term effects of Brexit on the courts, including uncertainties over enforcement. According to Camesasca, “This will not be immediate. Companies are not making any immediate decisions about litigation in the wake of the Brexit vote. Most are in ‘wait and see’ mode.” He continues, “But ...
An interview with Peter Camesasca
March 31, 2016, Global Competition Review
Peter Camesasca discusses private cartel actions in the European Union in this interview with GCR.
September-October 2015, CDR News
Brussels-based partner Peter Camesasca offers insight on how lawyers are advising claimants and defendants on the new UK class action regime in an article featured in the CDR News September-October 2015 issue. Camesasca says, “What we clearly do see is that there are a number of law firms who are touting this new regime very aggressively…these firms are seeing ...
September 24, 2015, Covington Alert
July 20, 2015, Covington Alert
The New UK Class Action Scheme: Rising Tides and Flood Defenses
July 17, 2015, Webinar
Court upholds Commission’s global reach on cartels
July 16, 2015, Politico
Quoting Peter Camesasca regarding the Innolux judgment.
July 9, 2015, Global Competition Review
Quoting Peter Camesasca regarding the Innolux judgment.
June 23, 2015, Covington Alert
June 11, 2015
BRUSSELS, June 11, 2015 — Covington has received 20 leading practice group rankings in the 2015 editions of Chambers Europe and Legal 500 EMEA. The legal guides have recognised the firm’s expertise in the following areas: CHAMBERS EUROPE Europe-wide - Regulatory - Agro/Food Europe-wide - Regulatory - Environment Europe-wide - Regulatory - ...
May 6, 2015, Covington E-Alert
Covington Honored at GCR Awards 2015
April 20, 2015
WASHINGTON, DC, April 20, 2015 — Global Competition Review has selected matters led by Covington lawyers as winners of two 2015 GCR Awards. Litigation of the Year, Cartel Defense was awarded for the defendants’ win in Motorola Mobility v AU Optronics, et al. Covington partners Robert Wick and Derek Ludwin in Washington, DC, and Jeffrey Davidson in San ...
April 20, 2015, Global Competition Review
Germany raises the standard for class action funding
February 25, 2015, Global Competition Review
Covington'sPeter Camesasca is quoted regarding a Düsseldorf court confirming that the funding model used by Cartel Damage Claims (CDC) in its case against cement cartelists is illegal. "Peter Camesasca, at Covington & Burling in Brussels, says while the ruling is good news for defendants in that it makes group actions in Germany more difficult, it goes against ...
December 22, 2014
WASHINGTON, December 22, 2014 — The Global Competition Review (GCR) has named Covington & Burling to its Global Elite, a list of the top 20 competition practices worldwide, ranking it among the top practices in both Brussels and Washington, D.C. Each year, GCR undertakes extensive analysis of competition law groups in 50 jurisdictions around the world. In ...
Judgment of the General Court of the EU in case T-272/12 - EU powers of inspection get another boost
December 1, 2014, Covington E-Alert
November 25, 2014, Covington E-Alert
Covington’s Brussels harvest
September 22, 2014, Commercial Dispute Resolution
Covington's Peter Camesasca, Johan Ysewyn, Melissa Van Schoorisse, Miranda Cole, Henriette Tielemans, Sebastian Vos, and Jean De Ruyt are mentioned in this article on the growth of Covington's Brussels office: "April was a busy month for Covington & Burling’s competition lawyers, marking, as it did, the welcome return of Peter Camesasca – who temporarily ...
Price signalling in container shipping
September 18, 2014, IBC’s Competition Law in the Shipping Sector 2014
Tell Me All About It: A Harder Line Is Being Taken on Information Exchanges and Price Signaling
July 8, 2014, Competition Law Insight
Information exchange and price signaling
May 7, 2014, IBC’s 8th Competition Economics Conference
One lateral hire and one return for Covington
April 30, 2014, GCR
Covington partners Peter Camesasca and Johan Ysewyn are featured in the articles above regarding their move to the firm's Brussels office.
New Considerations in Intellectual Property - Antitrust and Negotiating Standard Essential Patents
February 7, 2014, GCR Live 3rd Annual Antitrust Law Leaders Forum
Leniency: what is total co-operation? How to?
December 5, 2013, Premier Cercle Competition Summit 2013
Economics of patent pools and FRAND: what are relevant economic theories behind patent disputes such as smart phone wars
April 25, 2013, IBC’s 7th Competition Economics Conference
IP/antitrust interface
April 16, 2013, IBC’s 22nd Advanced EC Competition Law Conference
IPRs and antitrust – what is the proper relationship?
March 14, 2013, GCR Live 2nd Annual Law Leaders Asia-Pacific
2013, Journal of European Competition Law & Practice
January 2013, Journal of Competition
July 2013, Journal of Competition Law & Economics
What limits, if any, does EU competition law impose on the seeking of injunctions by FRAND encumbered SEP holders?
November 13, 2012, GCR Live 4th Annual Conference 2012
October-December 2012, MLex Ab Extra, Issue 11
Private actions: maximizing defense strategies
July 3, 2012, IBC’s Competition Litigation 2012
July 2012, Journal of Competition
May 4, 2012, Legal Times
What went well -- and not so well -- in the Commission’s cartel enforcement
March 21, 2012, IBC’s 5th annual forum, Cartel Risks & Compliance 2012
Defending cartels in regulatory investigations” and “Use of economics in cartels
March 20, 2012, IBC’s 6th annual forum, Competition Economics 2012
March 19, 2012
LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. The Covington lawyers ...
EU competition law -- latest developments in the Commission's enforcement practice
July 6, 2011, Korea Judicial Research and Training Institute
A View from Private Practice on EU Anti-Cartel Enforcement
June 9, 2011, Korea Fair Competition Federation
Covington Adds Four Partner Life Sciences Corporate Team
5/16/2011
LONDON, May 16, 2011 — Covington & Burling LLP adds a top life sciences corporate team to its London office, further enhancing its comprehensive global life sciences practice. Covington is pleased to announce that Paul Claydon, Natalie Diep, James Gubbins and James Halstead are joining Covington & Burling LLP as partners. They complement Covington’s highly ...
A View From Private Practice on EU Competition Law
May 4, 2011, Korean Fair Trade Commission's Anti-Cartel Education Program for Korean Business
Settlements: What Have We Learned from the Commission’s First Cases? and Leniency and Settlement: Is Cooperation Becoming Less Attractive?
March 29, 2011, IBC Legal’s 4th annual forum, Cartel Risks & Compliance 2011
February 10, 2011, Covington E-Alert
2011, Journal of European Competition Law & Practice
Competition law and international agreements -- anything new? The example of the EU-South Korea FTA
December 10, 2010, Global Competition Law Centre
EU Competition Law and Cartel Enforcement
October 29, 2010, Mont-Blanc Circle Retreat
Avoiding Cartel Risks and Gaining Leniency
October 14, 2010, C5's Managing Competition Risk & Compliance
Beyond Bananas -- The Law and Economics of Information Exchanges Under EU Competition Law
May 27, 2010, IBC's Advanced Review of Competition Economics
The Banana Cartel and Information Exchanges Under EU Competition Law
April 22, 2010, ACLE's Information, Communication and Competition
Settlements Under EU Competition Law
March 25, 2010, IBC's Cartel Risks and Compliance 2010
2010, Journal of European Competition Law & Practice
2009, GCR Asia-Pacific Antitrust Review
2009, European Competition Law Review
September 13, 2008, Lloyd's List
January 1, 2008, Antitrust Law Journal
2008, Global Competition Policy
2008, Antitrust Bulletin
2006, European Competition Law Review
2005, European Antitrust Review
2004, Current Developments in European Integration
January 1, 2004, European Antitrust Review
2004, Tijdschrift voor Belgisch Handelsrecht
2003, De Belgische Mededingingswet Anno
2002, Antitrust Bulletin
Het Groenboek Over De Herziening Van De Controle Op Concentraties: Efficiëntievoordelen Herbekeken
2002, Markt en Mededinging
2001, Intersentia: Antwerpen-Groningen
2001, Ökonomische Analyse des Arbeitsrechts
2000, European Law Review
2000, European Competition Law Review
1999, Tijdschrift voor Europees en Economisch Recht
1999, NEI: Rotterdam
1999, European Competition Law Review
1998, Wirtschaft und Wettbewerb
- JUVE, 브뤼셀 (2015-2016)
- Global Competition Review, 40 Under 40 (2012)
- Chambers Global, Competition/European Law(벨기에) (2011-2012, 2016-2019)
- Chambers Europe, Competition/European Law (2017-2019)
- 2011년 GCR Awards 선정 “Lawyer of the Year - Under 40”의 최종 후보자
- Legal 500 EMEA, Competition: Belgium (2015-2017), Healthcare and Life Sciences (2017) and EU Regulatory - Information Technology (2015-2016)