Some of his most recent work includes obtaining unconditional clearance for Apple in the EC with respect to its acquisition of the music recognition app Shazam. The clearance came after a 9-month in-depth Phase II review of the transaction by the EU Commission during which O’Melveny was able to avoid the EU Commission adopting a formal Statement of Objections. The case received intense scrutiny as it was referred to the EU Commission by the competition authorities of seven Member States of the EU and it focused on the assessment of the importance of data in the digital economy and its potential harm to competition.
Philippe was also part of the team which achieved a significant success for client Ardagh Group S.A. (Ardagh) with the EU Commission’s prohibition of the contemplated joint-venture combining the steel businesses of Tata Steel and ThyssenKrupp in Europe. The transaction would have led to very significant concentration levels in certain parts of Europe where Ardagh would have had no alternative than to source its needs from the joint-venture, and the O’Melveny team developed and submitted legal arguments to ensure that the transaction could not proceed to protect Ardagh’s business. After several meetings, discussions and submissions, the European Commission fully embraced O’Melveny’s advocacy points and relied on these to prohibit the joint-venture.
Philippe also represented Precision Castparts Corp. (PCC) in the EC with respect to its acquisition of Titanium Metals Corporation. This transaction was valued at US$2.9 billion. The EC examined complex issues regarding the vertical integration aspects of the transaction, focusing on PCC’s downstream activities as a producer of titanium-based casted and forged products and Titanium Metals’ upstream activities as a producer of titanium alloys.
Philippe also represented Western Digital Corporation in the EC and 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 hard disk drive sector.
Philippe frequently contributes articles related to European and French antitrust and competition issues, which are regularly published in Global Competition Review. Philippe has authored the second, third and four editions of the EU Merger Control chapter of the Corporate and Acquisitions and Mergers publication published by Wolters Kluwer. Philippe was also a speaker at the 2019 “Advanced EU Competition Law” conference organised by Knect 365.
Philippe’s past accomplishments and continuing successes can be attributed to his passion and dedication to pursuing his clients’ causes.