Philippe Nogues
Counsel
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Philippe Noguès is a highly skilled lawyer specializing in antitrust and competition matters, with extensive experience working in Brussels and Europe. The scope of Philippe’s practice is considerable, though his general areas of focus are EU and French competition law.
Philippe advises clients across of a variety of fields, including mergers and acquisitions, anti-competitive agreements, concerted practices, and the abuse of dominant position in the airline, energy, mineral, automotive, chemical, and pharmaceutical industries.
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.
Languages
- English
- French
Admissions
Bar Admissions
- France, Avocat à la Cour
- Belgium, Avocat
Education
- Institute of European Studies, Brussels, LL.M.: with distinction
- University of Nice, Master of International Economic Law
Professional Activities
Member
- Brussels Bar; Paris Bar
Author
- “EU Merger Control”, Chapter of the Corporate and Acquisitions and Mergers (Wolters Kluwer, 2010, 2014 and 2018)
- “Failing Firm Merger Analysis in the Shadow of COVID-19,” Antitrust and Competition Alert (April 2020)
- “Gun-Jumping Concerns For Pending Transactions When There Is No Such Thing As “Ordinary Course of Business”,” Antitrust and Competition Alert (April 2020)
- “European Antitrust in the Time of COVID-19,” Antitrust and Competition Alert (March 2020)
- “Temporary Merger Control Measures in the EU, US, and China in Response to COVID-19,” Antitrust and Competition Alert (March 2020)
- “Prohibition of Sales Through Online Platforms”, Antitrust and Competition Alert (September 2017)
- ”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)
- “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
Merger Control
- Representing Apple Inc. in securing merger control clearance with respect to its acquisition of Shazam Entertainment.
- Representing Finisar in its US$3.2 Billion sale to II-VI
- Advising Ardagh on the prohibition of the joint-venture between ThyssenKrupp and Tata Steel
- Representing Saudi Sovereign Wealth Fund in US$3.5 Billion acquisition of Pluralsight
- Representing Precision Castparts in its acquisition of Titanium Metals
- Representing Norsk Hydro ASA in securing merger control clearances with respect to the creation of Sapa AS a full function joint-venture with Orkla ASA
- Representing Norsk Hydro ASA in securing merger control clearances in 6 jurisdictions, including the EC, regarding the acquisition of the outstanding 50% shareholding in Sapa AS from Orkla ASA.
- Representing Asiana Airlines Inc in its sale to Korean Air Lines Co
- 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 in securing merger control clearances with respect to the acquisition of a number of portfolio companies from Crédit Agricole Private Equity
- Representing Coller Capital in securing merger control clearances with respect to the acquisition of a number of portfolio companies from DFJ Esprit
- Representing Coller Capital in securing merger control clearances with respect to the acquisition of a number of portfolio companies from LGV
- 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 Macquarie Group Limited in securing merger control clearances with respect to the acquisition of joint control over NYK Ports LLC
- Representing Unifeeder A/S in securing merger control clearances with respect to the creation of a full function joint venture with OOCL Europe Limited.
- 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 Samsung Electronics Co., Ltd., before the European Commission in relation to alleged infringements to Article 101 TFEU in the field of optical disk drives
- Representing Marriott International, Inc. before the European Commission and national competition authorities in relation to alleged infringements to Article 101 TFEU by online travel agencies through the use of most favored nation clauses.
- 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 with respect to their cooperation agreements with competitors and other third parties.
- 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 a major global producer of consumer electronics products before the European Commission in relation to Article 102 issues.
- 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