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Avenue Louise 326
1050 Brussels
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Phone+32-2-642-4144
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Philippe Nogues

Counsel


Philippe Noguès is a counsel in O’Melveny’s Brussels office and a member of the Antitrust and Competition Practice. His general areas of practice are EU and French competition law.

Philippe advises in the fields of mergers and acquisitions, anti-competitive agreements, concerted practices and abuse of dominant position in relation to various industry sectors such as airlines, energy, mineral resources, automotive, chemical, and pharmaceutical.

Recent work includes representing Western Digital Corporation in obtaining clearance in the EC and in nine other jurisdictions worldwide with respect to its acquisition of Hitachi Global Storage Technologies Holdings Ltd. This transaction was valued at approximately US$4.3 billion and created one of the largest global market players in the field of hard disk drives.

Philippe has also successfully represented Northwest Airlines in obtaining Phase I EC clearance without remedies or conditions in its merger with Delta Air Lines. Philippe’s work in the airline sector also involved representing Air France/KLM and the SkyTeam Alliance in relation to the European Commission’s investigation into the cooperation between the SkyTeam members.

Philippe is a frequent writer on various topics relating to European and French Antitrust and Competition, regularly contributing to publications such as Global Competition Review.

Illustrative Professional Experience

Merger Control

  • Representing Northwest Airlines in the US$3.7 billion merger with Delta Air Lines creating the largest airline worldwide.
  • Representing Western Digital Corporation in securing merger control clearances in the EU, the US and 8 national antitrust authorities with respect to its US$4.3 billion acquisition of Hitachi Global Storage Technologies Holdings Ltd. in the field of hard disk drives.
  • Representing Honeywell International Inc. in securing merger control clearances for its US$1.4 billion public takeover of French listed firm Sperian Protection.
  • Advising a leading pharmaceutical company’s animal health division in relation to potential acquisitions in the overall animal health sector and in the field of aquaculture. 
  • Representing Coller Capital Inc. in securing merger control clearances with respect to the acquisition of a number of portfolio companies from Bank of Scotland Integrated Finance.
  • Representing Advanced Micro Devices in relation to the creation of a joint venture with Advanced Technology Investment Company, a technology investment company wholly owned by the government of the Emirate of Abu Dhabi in the United Arab Emirates.
  • Representing Johnson & Johnson in relation to its acquisition of Guidant.
  • Representing Saint-Gobain in relation to its hostile takeover bid over BPB Plc.
  • Representing Vector Capital in relation to its US$160 million buyout of Aladdin Knowledge Systems, Ltd., an Israeli maker of information security products.

Cartels

  • Obtaining the acquittal of Firma Léon van Parys of all charges in the EC banana cartel investigation following dawn raids in 2005 and extensive follow-up inquiries prior to the laying of formal charges in mid 2007.
  • Representing a global producer of fertilizers before the European Commission in relation to alleged infringements to Article 101 EC.
  • Representing a global manufacturer of consumer goods before the European Commission and national competition authorities in relation to alleged infringements to Article 101 EC.
  • Successfully representing a defendant in the animal feed price fixing and market sharing case.
  • Assisting clients in the preparation of their immunity and leniency applications and carrying out internal training on antitrust investigations and antitrust compliance.

Abuse of Dominance

  • Representing Advanced Micro Devices in its Article 102 complaint against Intel, in which the European Commission recently fined Intel a record €1.06 billion (US$1.44 billion) for its anti-competitive practices. This is the largest ever fine imposed by an antitrust regulator.  In November 2009, all of AMD’s antitrust claims were settled, securing AMD US$1.25 billion and wide-ranging injunctive relief.

Professional Activities

Member, Brussels Bar; Paris Bar
Author, "The New French Competition Authority," Antitrust and Competition Alert (March 2009); "Marine Hose Cartel - Back in the Spotlight," Antitrust and Competition Alert (March 2009)
Co-Author, “France Issues Guidance on Antitrust Compliance and Settlements”, O’Melveny Antitrust and Competition Alert (February 2012); "Commission Confirms Strict Approach to Seal-Breaches, but Cooperation with the Authorities Counts," Antitrust and Competition Alert (September 2011); "EC Merger Control," chapter for Corporate Acquisitions and Mergers, published by Wolters Kluwer Law and Business (2009, 2010); "Developments in International Cartel Enforcement and Leniency Agreements: 2008 to 2009," Antitrust Review of the Americas 2010, published by Global Competition Review (2009); "Towards a European Energy Community?," European Antitrust Review 2010, published by Global Competition Review (2009); "Alitalia - Government Interventionism, the Road to Recovery?", Competition Policy International (2009); "Developments in International Leniency Agreements: 2007 to 2008," The Antitrust Review of the Americas 2009, published by Global Competition Review (2008); "A New Energy Era in the European Union," European Antitrust Review 2009, published by Global Competition Review (2008); “EC Merger Control”, C.J. Cook and C.S. Kerse, Fifth Edition
Languages, French; English


Institute of European Studies, Brussels, LL.M.: with distinction

University of Nice, Master of International Economic Law


France, Avocat à la Cour; Belgium, Avocat

Towards a More Business-Friendly European Merger Review Process (Antitrust and Competition Alert)

France Issues Guidance on Antitrust Compliance and Settlements (Antitrust and Competition Alert)

Commission Confirms Strict Approach to Seal-Breaches, but Cooperation with the Authorities Counts (Antitrust and Competition Alert)

Court of Justice Denies Legal Privilege Protection for In-House Lawyers (Antitrust and Competition Alert)

Developments in International Cartel Enforcement and Leniency Agreements: 2008 to 2009 (GCR's Antitrust Review of the Americas 2010)

Towards a European Energy Community? (GCR's European Antitrust Review 2010

Alitalia—Government Interventionism, The Road to Recovery? (GCP: The Online Magazine for Global Competition Policy)

A New Energy Era in the European Union (GCR's European Antitrust Review 2009)

Developments in International Leniency Agreements: 2007 to 2008 (GCR's Antitrust Review of the Americas 2009)

The New French Competition Authority (Antitrust and Competition Alert)

Marine Hose Cartel - Back in the Spotlight (Antitrust and Competition Alert)