Mark Powell
Biography
Overview
Mark has been advising clients on competition law issues for nearly thirty years. His practice has a particular focus on the interface between competition law and sector-specific regulatory requirements, in such areas as telecommunications, pharmaceuticals, energy, the media and transport.
Clients benefit from his considerable experience handling regulatory clearance for complex mergers and acquisitions, including Zimmer/Biomet, Telia/Telenor (abandoned), Acergy/Subsea7, HBO/Ziggo, and Sanofi-Aventis/Zentiva. His work on Aegean/Olympic II was so persuasive that it resulted in the European Commission clearing it in a Phase II proceeding- the first time that it had cleared such a deal, having previously prohibited it.
In addition, Mark has developed a significant track record representing and advising clients involved in cartel investigations, in areas including Euribor derivatives, nucleotides, synthetic rubber, candle wax, calcium carbide, ball bearings and power cables.
He has helped clients to make successful appeals to the European Commission regarding matters ranging from infringement decisions to the re-negotiation of fines. Based in Brussels and London, he is able to advise international clients on both European and UK market investigation and merger cases.
Mark was singled out for recognition in the first edition of Euromoney's Expert Guide to the World's Leading Competition and Antitrust Lawyers. He has been described by clients in The Legal 500 EMEA as "very knowledgeable with a pragmatic and commercial approach… [and] a convincing style and self-confidence which… is very persuasive." Chambers has noted that clients value Mark as "a charismatic lawyer with terrific business sense" who is "practical and savvy" and "enjoyable, hard-working and client-friendly".
Experience
'Kaučuk/Unipetrol v Commission'
Mark represented Kaučuk/Unipetrol in their application for the annulment of the Commission decision which found Kaučuk liable for the BR/ESBR cartel infringement, and imposed a fine of €17.55 million. In July 2011, the General Court annulled the European Commission's infringement decision against the companies, and overturned the fines imposed on them in their entirety.
'Nexans France v Commission'
Mark advised Nexans France regarding its application for the annulment of a Commission Dawn Raid Decision, which was adopted in the context of an ongoing proceeding pursuant to Article 101 EC, concerning the European market for electric cable and related equipment.
'Garantovana v Commission'
Mark represented Garantovana in their application for the annulment and suspension of the operation of the Commission's calcium carbide cartel decision. He successfully obtained interim measures from the General Court.
'Budapesti Erömü Rt., Hungary (BERt) v Commission'
Mark advised Budapesti Erömü Rt on their application for the annulment of the Commission State aid decision regarding power purchase agreements (PPAs) concluded between network operator MVM and the Hungarian State and certain electricity producers.
'Microsoft v Commission'
Mark represented Microsoft in their application for the annulment of a Commission Decision finding infringements of Article 82 EC. His advice focused on the IP aspects of the case.
'UPC France Holding BV v Commission'
Mark advised UPC France Holding BV on their application for the annulment of a Commission decision which provided that the public funding of a broadband network in the Limousin region did not contain any state aid element. The Commission's decision was subsequently withdrawn.
'Nintendo v Commission'
Mark supported an application for the cancellation or reduction of a fine imposed on the applicants by Article 3, first indent, of Commission Decision 2003/675/EC of 30 October 2002, relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement.
IFLR Competition Law Forum 2016, 9 November 2016: International Financial Law Forum (IFLR), London, United Kingdom, (Speaker)
Legal Council "Mergers & Acquisitions, Recent Developments", 6 October 2016: The Conference Board, Brussels, Belgium, (Moderator)
Legal Council "Global M&A transactions, International Arbitration, Migration, IP law and policy", 15 – 16 June 2016: The Conference Board, Geneva, Switzerland, (Moderator)
10th Anniversary colloquium on global antitrust enforcement 10 years and beyond, 3 June 2016: Colloqium, Brussels, Belgium
Strategic considerations in cartel follow-on litigations, 2 June 2016: Concurrences Review/Herbert Smith Freehills, Brussels, Belgium
Competition Law and Regulation in the Energy Sector: Regulatory Developments in the Energy Market, 17 November 2015: IBC Legal Conferences, Brussels, Belgium, (Speaker)
IFLR Competition Law Forum 2015, 12 November 2015: International Financial Law Forum (IFLR), London, United Kingdom, (Speaker)
The 54th Annual London-Leiden meeting conference, 27 June 2015: British Institute of International & Comparative Law (BI ICL), London, United Kingdom, (Moderator)
24th Annual EU Pharmaceutical Law Forum, 19 May 2015 : Informa Life Sciences, Brussels, Belgium, (Speaker)
Buyer beware: Parental liability for EU competition law infringements, Competition Law Insight, April 2021 (co-author with Alexandra Rogers, Marc Israel, Genevra Forwood)
The shifting sands of EU merger control – un, deux, trois, piano!, Competition Law & Policy Debate, Volume 3, Issue 4, November 2017 (co-author with Katarzyna Czapracka)
The EU Commission extends settlement procedure to abuse of dominance cases, (Alstoff Recycling Trust Concurrences, e-Competitions, National Competition Laws Bulletin, N° 81366)
Ian S. Forrester KC LL.D. – A Scot Without Borders – Liber Amicorum – Volume II - "Has merger control spun out of control? The effects of a quarter of a century of EU merger control", (Concurrences)
Lessons to keep in mind for your next complex global deal, (Concurrences, 2016 Antitrust Writing Award winner – Business category, Cross-border issues section)
Getting The Deal Through, "Cartel Regulation 2015 – Global Overview", (Law Business Research Ltd)
Global Competition Review (GCR), "Cartel Regulation 2014 – Global Overview", (Law Business Research Ltd)
Legal Expertise – Corporate & Commercial "Aegean/Olympic II merger clearance", (MLG Communications UK)
The synthetic rubber cartel – The European Commission's factual assessment is spotlighted, (Competition Law Insight)
Recent EU Antitrust Investigations into Financial Services – What is the scope for antitrust intervention?, (CPI Antitrust Chronicle)
AG Sharpston voices opinion on the standard of judicial review over fines in cartel cases – White & Case – Winner of the "Best Business Anticompetitive Practices Article – 2012 Antitrust Writing Awards", (Institute of Competition Law)
Getting the Deal Through – Intellectual Property & Antitrust – European Union Chapter, (GCR, Law Business Research Limited)
Leading Lawyer, Chambers Europe 2020, Global 2020
Competition/European Law – Belgium
Recommended Lawyer, The Legal 500 EMEA 2020
Competition – Belgium
Who's Who Legal: Data – Telecoms & Media, 2018
