jpheasant@hhlaw.com
V-CARD
London
PHONE
+44.20.7367.0214
FAX
+44.20.7367.0220
Brussels
PHONE
+32.2.505.0946
FAX
+32.2.505.0996
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John
Pheasant
Partner, London, Brussels
John Pheasant has 30 years of experience in European Community and United Kingdom antitrust/ competition law, including 25 years of practice in Brussels. John advises on all aspects of antitrust and merger control law.
John is a solicitor-advocate who represents clients in the European Court of First Instance (CFI) and Court of Justice (ECJ), the English courts, as well as in arbitration proceedings, and has represented clients in a number of landmark cases before the EC and UK antitrust authorities and courts.
John has particular experience in handling antitrust law investigations and proceedings affecting the whole or a significant sector of an entire industry, for example in the motor vehicle, liner shipping, telecoms, and video games industries. He has extensive experience in handling cartel proceedings involving multiple international companies. John has also established a practice advising on the interface between antitrust and intellectual property law, including in the computer, IT, and Internet industries, notably in cases involving companies with market power. John is also a member of the International Chamber of Commerce Task Force on the review of Article 82.
John is credited in the latest edition of UK Legal 500 as a "highly experienced" and "knowledgeable" individual, whose clients recognize the "regulatory and specific industry expertise" of the EU and competition practice.
Prior to joining Hogan & Hartson as co-head of its European antitrust practice, John was the head of the competition, EU, and international trade law practice of another leading international law firm and previously the head of its Brussels practice.
REPRESENTATIVE EXPERIENCE
Judicial and Arbitration
Representing (as advocate) Nintendo in appeal proceedings in the CFI against a European Commission decision fining Nintendo and its distributors €168 million for alleged breaches of EC antitrust rules (alleged restrictions of parallel trade, contrary to Article 81 EC Treaty).
Represented (as advocate) a defendant in London High Court proceedings on a competition law issue in relation to motor vehicle distribution.
Represented (as advocate) the respondent in a competition law arbitration in London.
Represented (as advocate) Hilti in the leading European case on tying practices under Article 82 in proceedings before the European Commission and then on appeal before the CFI and the ECJ.*
Represented (as advocate) the majority of the world’s leading liner shipping companies in a series of administrative proceedings initiated by the European Commission and in subsequent proceedings in the CFI and ECJ, including: the leading case in EC law on the conditions for the suspension of a European Commission competition decision (Atlantic Container Line); the Transatlantic Conference Agreement case in which the CFI annulled fines of over €270 million imposed for alleged abuses of a collective dominant position: the largest “reduction” in fines in an EC competition case; and the Far East Trade Tariff Charges and Surcharges Agreement (FETTCSA) case in which fines imposed by the European Commission were annulled by the CFI and the CFI’s judgment then upheld by the ECJ on appeal.*
Represented (as advocate) Iberian Trading as complainant in European Commission infringement proceedings against a dominant competitor, British Gypsum, and then as intervener in the subsequent judicial proceedings brought by British Gypsum against the European Commission’s decision imposing fines for abuse of dominance (the Commission’s decision was upheld by both the CFI and ECJ) and then in High Court proceedings in London (as instructing solicitor) for damages for breach of the EC competition rules. Landmark ruling on the admissibility of European Commission decisions in English private litigation.*
Representing (as advocate) AssiDomän and other Swedish woodpulp producers in a series of applications and appeals in the CFI and ECJ to recover fines imposed by the European Commission in the Woodpulp proceedings.*
Advised a major U.S. bank in relation to its strategy for responding to a potential abuse of dominance by other entities in the context of a commercial negotiation, including the possibility of injunctive relief in the High Court in London.*
Administrative Proceedings
Advising Air Canada in European Commission proceedings investigating an airline alliance.
Advising Air Canada in European Commission proceedings investigating the air cargo sector.
Advising a major supplier of digital music downloads on European Commission proceedings investigating alleged market segregation and the use of copyright and related rights in musical recordings.
Advising a major insurer in relation to the European Commission's sector inquiry into business insurance.
Advising liner and tramp vessel operators on the application of EC competition law to their conference, consortia, and pooling arrangements, including advising on the European Commission’s reviews.
Advised the major European telecoms operators on the application of the EC competition rules to a joint project relating to data transmission, including representing them in European Commission proceedings.*
Advised the Association of European Motor Vehicle Manufacturers in relation to the drafting and implementation of the Block Exemption Regulation for motor vehicle distribution agreements, and subsequently representing the association as intervener in infringement proceedings brought by the European Commission against Peugeot following a complaint by EcoSystem.*
Represented leading manufacturers in UK competition investigations into the supply of new motor vehicles and the supply of video games.*
Represented a leading manufacturer of video games systems in European Commission proceedings investigating the licensing of IP rights to third party publishers, including the negotiation of revisions to its standard licensing agreements to “settle” the proceedings without a decision.*
Represented two major manufacturers of a confectionary product in European Commission proceedings investigating reciprocal distribution arrangements designed to grant access to European markets in which each respectively was the leading supplier and in one of which the combined market share exceeded 90 percent. The arrangements were informally approved by the Commission.*
Merger Control
Advising a multinational company in a merger reference to the Competition Commission.
Advising a U.S. joint venture on EU and UK merger control issues on the creation of a new UK joint venture.
Advising a multinational company on EU and UK merger control issues on the acquisition of a majority share in a UK based media company.
Advising a major shipping operator on EU merger control issues on the creatio of a full-function joint venture with a European competitor.
Advised Norlisk Nickel on a phase II ECMR inquiry including remedies package issues, concluded in 2006 and a further ECMR notification cleared in 2007.
Advised a major European media company on the UK merger control and regulatory aspects of a proposed TV company sale.
Advised French multinational in relation to UK merger control issues of a proposed acquisition in the chemicals sector.
Advised a major Swedish steel company on the EC merger control aspects of a cross-border acquisition by a leading regional competitor.*
Advised a leading shipping company specializing in vehicle transportation on the UK (and German) merger control aspects of the creation of an operating joint venture with a major competitor.*
Advised a major vehicle manufacturer on the UK merger control aspects of its disposal of its truck manufacturing business to a leading competitor.*
* Matters handled prior to joining Hogan & Hartson
Hogan & Hartson Publications
01.14.2010
"Media & Communications Briefing: Issue 5." Media & Communications Briefing, Hogan & Hartson LLP
01.01.2010
"The Court of Appeal Judgment in BSkyB/ ITV and the Limits of Media Plurality Regulation." Antitrust Update, Hogan & Hartson LLP
October 2009
"Media & Communications Briefing: Issue 4." Media & Communications Briefing, Hogan & Hartson LLP
08.24.2009
"OFT Consults on Revised Director Disqualification Orders Guidance." Antitrust Update, Hogan & Hartson LLP
08.24.2009
"Antitrust Update - Local Buses Head Towards Competition Commission Inquiry." Antitrust Update, Hogan & Hartson LLP
05.20.2009
"European Commission State Aid Simplification." Antitrust Update, Hogan & Hartson LLP
04.23.2009
"State Aid Developments in the Transport Sector - a Moving Target." State Aid Update, Hogan & Hartson LLP
03.20.2009
"Media & Communications Briefing: Issue 2." Media & Communications Briefing, Hogan & Hartson LLP
02.19.2009
"Assessing Efficiencies Under Article 81(3) - Is the bar Getting Higher?"
08.12.2008
"Life Sciences: Competition & Antitrust Update: Issue 10." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP
07.17.2008
"European Commission Launches EC Settlement Procedure for Cartels." Antitrust Update
Published Works
04.02.2009
"Striking a Balance." Legal Week
09.25.2008
"New Antitrust & Competition Insight Mergermarket Report - Issue 11." mergermarket
September 2008
"The UK Construction Industry Under the Spotlight Again." E.C.L.R., Issue 9, Sweet & Maxwell
07.01.2008
"The Office of Fair Trading Objects." Construction Law Journal
06.30.2008
"New Antitrust & Competition Insight Mergermarket Report - Issue 10." mergermarket
06.23.2008
"Antitrust Law: Damages Cases in Europe." The National Law Journal
06.03.2008
"Building a Cartel." Competition Law Insight
May, 2008
"Making Waves in the Insurance Sector’s Safe Harbor." GCP Magazine, No. 2, May 2008, GCP - The Online Magazine for Global Competition Policy
04.17.2008
"Bargain Hunt." Legal Week
03.31.2008
"New Antitrust & Competition Insight Mergermarket Report - Issue 9." mergermarket
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