Volume 21 - Issue 3 (Awards 2018)

Dow/DuPont wins Matter of the Year at GCR Awards 2018

11 April 2018

Dow/DuPont wins Matter of the Year at GCR Awards 2018

At the eighth annual GCR Awards on 10 April, Global Competition Review celebrated the best in competition enforcement, merger and cartel defence – recognising the cross-border team who worked on the complex Dow/DuPont deal, which won the Matter of the Year award.

Held at the Four Seasons in Washington, DC, and sponsored by Norton Rose Fulbright, the awards brought lawyers and economists from around the world together to recognise their accomplishments and those of their peers.

Brazil's Administrative Council for Economic Defence, the UK’s Competition and Markets Authority and the Competition Commission of South Africa took home respective prizes for Agency of the Year in the Americas; Europe; and Asia-Pacific, the Middle East and Africa.

Although Germany’s Federal Cartel Office did not win the European agency award, it took the prize for enforcement action of year, thanks to its Facebook investigation.

Uría Menéndez in Spain, Portugal and Brussels bagged the award for Regional Firm of the Year in Europe, while Yoon & Yang in Korea took home the prize for Asia-Pacific, the Middle East and Africa. Barbosa Müssnich Aragão in Brazil – counsel to DuPont in its tie-up with Dow – captured the award for Regional Firm of the Year in the Americas.

A large group of firms won the award for Litigation of the Year - Cartel Defence for their work defending airlines in the UK courts against damages claims arising from the air cargo cartel, having struck out half the value of the claim last year.

Morgan Lewis & Bockius took home two awards for behavioural matters, for work done on both sides of the Atlantic. The firm won Behavioural Matter of the Year – Americas for obtaining a permissive business review letter from the US Department of Justice for the Clearing House Payments Company; and Behavioural Matter of the Year – Europe for Concordia’s successful challenge to a CMA warrant.

In deals, Amazon/Whole Foods won Merger Control Matter of the Year in the Americas; Qualcomm/NXP won in Europe; and Maersk Line/Hamburg Süd won in Asia-Pacific, the Middle East and Africa.

Along with its award for the Maersk deal, Freshfields Bruckhaus Deringer also took home a trophy for litigation of the year – non-cartel defence, for defending Mastercard against a claim brought by Walter Merricks in the UK.

In addition to being recognised for the NXP deal, Qualcomm secured another award through in-house lawyer Alvaro Ramos, who won for corporate counsel of the year.

Thomas Vinje of Clifford Chance won Lawyer of the Year in recognition of his efforts on behalf of complainants taking on Google, which came to fruition last year in an infringement finding and fine in the the European Commission’s Google shopping case. His colleague Greg Olsen was named Dealmaker of the Year.

Fernando Carreño of Von Wobeser y Sierra won the award for Lawyer of the Year Under 40. Anne Layne-Farrar, of Charles River Associates & Northwestern University, took home Economist of the Year.

At the end of the awards ceremony, previous Lifetime Achievement Award honouree Jean-Francois Bellis recounted the extraordinary work of this year’s recipient, Bruno Lasserre, in revolutionising France’s appreciation for market competition. The former president of France’s Competition Authority delivered an inspiring speech about competition enforcement being conducted on behalf of risk-takers, young people and entrepreneurs who keep markets growing and lively.

Lifetime Award winner Bruno Lasserre (right)

Norton Rose Fulbright hosted the after-party.

Case Awards

For merger control matter of the year – Americas, the shortlist was: Amazon/Whole Foods, BM&FBovespa/CETIP, CenturyLink/Level 3, Danone/WhiteWave, Johnson & Johnson/Actelion, Smiths/Morpho and Walgreens Boots Alliance/Rite Aid.

Amazon/Wholefoods winning Merger Control Matter of the Year - Americas award. L-R: Samantha Hynes, Kate Mitchell-Tombras, Renata Hesse and Brian Facey.

Amazon/Whole Foods won. Counsel to Amazon was Sullivan & Cromwell, Covington & Burling and Blake Cassels & Graydon. Counsel to Whole Foods was Wachtell, Lipton, Rosen & Katz and Davies Ward Phillips & Vineberg.

For merger control matter of the year – Europe, the shortlist was: Abbott/Alere, Central Manchester University Hospitals/University Hospital of South Manchester, Just Eat/Hungryhouse, Mastercard/Vocalink, Qualcomm/NXP and Tesco/Booker.

Qualcomm/NXP wins Merger Control Matter of the Year award - Europe. L-R: Miguel Rato and Alvaro Ramos.

Qualcomm/NXP won. Counsel to Qualcomm was Quinn Emanuel Urquhart & Sullivan. Counsel to NXP was Skadden, Arps, Slate, Meagher & Flom, with assistance from RBB Economics.

For merger control matter of the year – Asia-Pacific, Middle East and Africa, the shortlist was:  Broadcom/Brocade, Maersk Line/Hamburg Süd, PotashCorp/Agrium, Tabcorp/Tatts and Vodafone India/Idea Cellular.

Maersk Line/Hamburg Sud won Merger Control Matter of the Year - Asia Pacific, Middle East and Africa. L-R: Thomas Wilson, Elise Nelson, Jennifer Mellott and Alan Ryan.

Maersk Line/Hamburg Sud won. Counsel to Maersk Line was Freshfields Bruckhaus Deringer.

For litigation of the year – cartel defence, the shortlist was Containerboard Products, Interest Rate Swaps, Lithium-Ion Batteries, Nishikawa Rubber in Auto Parts MDL, Optical Disk Drive, Rail Freight Fuel Surcharge and UK air cargo follow-on.

UK air cargo follow-on case wins Litigation of the Year - Cartel Defence Award. L-R: Thomas McGrath, Daniel Beard, James Webber, Ian Simmons, Fredéric Louis and William Turtle.

UK Air Cargo Follow-on won. Counsel to British Airways is Slaughter and May, Monckton Chambers and One Essex Court; to Air Canada and Korean Air is Hogan Lovells; to Singapore Airlines is Latham & Watkins; to Deutsche Lufthansa & Swiss is WilmerHale; to Asiana Airlines is O’Melveny & Myers; to Cargolux Airlines International  is Shearman & Sterling; to Cathay Pacific Airways, LAN Cargo and LATAM Airlines Group is Squire Patton Boggs; to Japan Airlines is Steptoe & Johnson; to Qantas Airways is Macfarlanes; to Scandinavian Airlines is Shepherd and Wedderburn; to Air France-KLM is Linklaters; to Thai Airways is Gowling WLG. Monckton Chambers provided the barristers for the Part 20 claimant airlines.

For litigation of the year – non-cartel defence,  the shortlist was iPic v AMC, Steward Health Care v Blue Cross & Blue Shield and Walter Merricks v Mastercard.

Walter Merricks v Mastercard wins Litigation – Non-Cartel Defence award. L-R: Mark Sansom and Jon Lawrence.

Walter Merricks v Mastercard won. Counsel to MasterCard is Freshfields, Brick Court Chambers, One Essex Court and 4 New Square.

For litigation of the year – non-cartel claim, the shortlist was Amphastar v Momenta and Sandoz, Auric v Federal Guild of Hearing Aid Acousticians and TrueEx v MarkitSERV.

Amphastar v Momenta and Sandoz win Litigation of the Year - Non-Cartel Prosecution. L-R: Jonathan Jacobson and Daniel Weick.

Amphastar v Momenta and Sandoz won. Counsel to Amphastar was Wilson Sonsini Goodrich & Rosati and Rose, Chinitz & Rose.

For behavioural matter of the year – Americas, the shortlist was American Express in CADE’s electronic payment market investigation, the Clearing House Payments Company’s business review letter, Construtora OAS’s Operation Car Wash leniency agreement and Indian mobile companies' dismissal of zero-rating probe.

Clearinghouse Payments Company wins Behavioural Matter of the Year - Americas. L-R: Omar Shah and Richard Taffet.

The Clearing House Payments Company’s business review letter won; the company’s counsel is Morgan Lewis & Bockius.

For behavioural matter of the year – Asia-Pacific, Middle East and Africa, the shortlist was egg companies beat Australian cartel charges; Indian telecoms companies’ challenge to jurisdiction and Ola abuse of dominance in India.

Egg companies won Behavioural Matter of the Year - Asia Pacific, Middle East and Africa. Nick McHugh collects award.

The egg companies that beat Australian cartel charges won. Counsel to the Australian Egg Corporation and James Kellaway were MinterEllison and Brian Martin Chambers. Counsel to Farm Pride Foods were B2B Lawyers and Owen Dixon Chambers West. Counsel to Twelve Oaks Poultry was Henry Davis York, which is now part of Norton Rose Fulbright. Counsel to Twelve Oaks Poultry and Zelkoo Lendich were Blackstone Chambers and Aickin Chambers.

For behavioural matter of the year – Europe, the shortlist was the auto leasing investigation in Italy; the car rental investigation in France; Concordia challenges CMA warrant; Denso immunity in DG Comp thermal systems investigation; and the European Court of Justice concrete rebar cartel judgment.

Concordia’s challenge to the CMA warrant won. Counsel to Concordia Pharmaceuticals is Morgan Lewis & Bockius.

For matter of the year, the shortlist was ChemChina/Syngenta, Dow/DuPont, Google Shopping investigation, Intel v Commission, Unwired Planet v Huawei and UPS v Commission.

Edging out the Google Shopping investigation, Dow/DuPont won. Counsel to Dow is Cleary Gottlieb Steen & Hamilton, T&D Associates, Pinheiro Neto, Creel Abogados, McCarthy Tétrault, King & Wood Mallesons and Dua Associates. Counsel to DuPont is Skadden Arps Slate Meagher & Flom, Fangda Partners, Barbosa Müssnich Aragão, González Calvillo, Torys, Allens and Shardul Amarchand Mangaldas & Co.

Firm Awards

For Regional Firm of the Year - Americas, the shortlist was Barbosa Müssnich Aragão, Brazil; Blake, Cassels & Graydon, Canada; Cohen Milstein Sellers & Toll, US; Cravath, Swaine & Moore, US; Levy & Salomão, Brazil; Pinheiro Neto, Brazil; Pereira Neto Macedo, Brazil; and Robins Kaplan, US. Barbosa Müssnich Aragão won.

For Regional Firm of the Year – Europe, the shortlist was Egorov Puginsky Afanasiev & Partners, Russia; Euclid Law, Brussels and London; and Uría Menéndez, Spain, Portugal and Brussels. Uría Menéndez won.

Uría Menéndez, Regional Firm of the Year - Europe 2018

For Regional Firm of the Year – Asia-Pacific, Middle East and Africa, the shortlist was Allen & Gledhill, Singapore; Shardul Amarchand Mangaldas, India; T&D Associates, China; Trilegal, India; and Yoon & Yang, Korea. Yoon & Yang won.

Yoon and Yang win Regional Firm of the Year - Asia Pacific. L-R: Paul Rhee and Jae Young Kim.

For Agency of the Year – Americas, the shortlist was Brazil’s Administrative Council for Economic Defence, Canada’s Competition Bureau, Mexico's Federal Economic Competition Commission and the US Federal Trade Commission. Brazil’s Administrative Council for Economic Defence won.

CADE wins Agency of the Year - Americas. L-R: Paula Farani de Azevedo Silveira and Alexandre Barreto de Souza.

For Agency of the Year- Asia-Pacific, Middle East and Africa, the shortlist was the Competition Commission of South Africa, Egypt’s Competition Authority and Taiwan's Fair Trade Commission. The Competition Commission of South Africa won.

For Agency of the Year – Europe, the shortlist was Germany’s Federal Cartel Office, Italy’s Competition Authority, Russia's Federal Antimonopoly Service and the UK’s Competition and Markets Authority. The winner is the UK’s Competition and Markets Authority.

Simon Constantine from the Competition and Markets Authority collects the enforcer's award for Agency of the Year - Europe.

For enforcement action of the year, the shortlist was the European Commission’s Amazon ebooks investigation, Germany’s Facebook investigation, US v Aetna/Humana and Anthem/Cigna, and US v EnergySolutions. Germany’s Facebook investigation won.

Individual Awards

For the Academic Excellence Award, the shortlist was the Global Antitrust Institute at the Antonin Scalia Law School, George Mason University; Pablo Ibáñez Colomo, of London School of Economics and Political Science / College of Europe; and Thibault Schrepel, of Université Paris 1 Panthéon-Sorbonne. Thibault Schrepel won.

For Economist of the Year, the shortlist was Susan Athey, of Keystone Strategy & Stanford; Miguel de Quinto Arredonda, of Baker McKenzie; Anne Layne-Farrar, of Charles River Associates & Northwestern University; Robin Noble, of Oxera; and Edward Snyder, of Analysis Group & Yale. Anne Layne-Farrar won.

Economist of the year Anne-Layne Farrar.

For Corporate Counsel of the Year, the shortlist was Oliver Bethell of Google, Nick Koberstein of Abbott, Gail Levine of Uber, Tilman Makatsch of Deutsche Bahn, Alvaro Ramos of Qualcomm, Jana Striezel of Volkswagen and Nick Woodrow of Vodafone. Alvaro Ramos won.

Alvaro Ramos, global head of antitrust at Qualcomm, won Corporate Counsel of the Year.

For Litigator of the Year, the shortlist was Daniel Beard QC of Monckton Chambers, Daniel Brockett of Quinn Emanuel Urquhart & Sullivan, J Mark Gidley of White & Case, Daniel Laytin of Kirkland & Ellis, John Majoras of Jones Day, Shari Ross Lahlou of Crowell & Moring, Mark Sansom of Freshfields Bruckhaus Deringer and Daniel Wall of Latham and Watkins. Shari Ross Lahlou won.

Litigator of the Year Shari Ross Lahlou.

For Dealmaker of the Year, the shortlist was Clifford Aronson of Skadden Arps Slate Meagher & Flom, George Cary of Cleary Gottlieb Steen & Hamilton, Michael Egge of Latham & Watkins, Ronan Harty of Davis Polk & Wardwell, Bertrand Louveaux of Slaughter and May, Steven Newborn of Weil Gotshal & Manges, Greg Olsen of Clifford Chance and Phillip Proger of Jones Day. Greg Olsen won.

Greg Olsen, Dealmaker of the Year.

For Lawyer of the Year under 40, the shortlist was Fernando Carreño of Von Wobeser y Sierra, Margaret Segall D’Amico of Cravath, Swaine & Moore, Thomas Elkins of Linklaters, Elaine Ewing of Cleary Gottlieb Steen & Hamilton, Meegan Hollywood of Robins Kaplan, Creighton Macy of Baker McKenzie, Jesse Solomon of Davis Polk & Wardwell and Yizhe Zhang of Jones Day. Fernando Carreño won.

Fernando Carreño, winner of Lawyer under 40 of the Year.

For Lawyer of the Year, the shortlist was: John Boyce of Slaughter and May, Brian Facey of Blake, Cassels & Graydon, Michael Han of Fangda Partners, Martin Klusmann of Freshfields Bruckhaus Deringer, Barbara Rosenberg of Barbosa Müssnich Aragão, Mario Siragusa of Cleary Gottlieb Steen & Hamilton, Steven Sunshine of Skadden, Arps, Slate, Meagher & Flom and Thomas Vinje, of Clifford Chance. Thomas Vinje won.

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