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Jones Day

Bernard Amory

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Work +32 2 645 15 11
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Jones Day

Work Department

Antitrust & Competition Law; Government Regulation; Antitrust Mergers & Joint Ventures; Antitrust Criminal Investigations

Position

Bernard Amory, Partner, represents numerous clients before the European Commission, national courts, and competition authorities in Europe and the European Courts in Luxembourg. He is now the Partner-in-Charge of the Brussels Office, after overseeing the Firm's European Antitrust & Competition Law Practice for 16 years. Bernard's recent or ongoing representations relating to Article 101 (restrictive practices) include: the air cargo case and the One World Alliance for American Airlines, the vitamins case for Aventis, the marine hoses case for Parker Hannifin, the paper and forestry products and industrial bags cases for UPM, the bananas case for Dole, the credit card investigation for MasterCard, the O2/T-Mobile infrastructure sharing and national roaming case on behalf of O2, and the Apple iTunes pricing investigation. Some of the leading merger cases in which Bernard has represented the notifying party include: BT/MCI and BT/AT&T, Total/Petrofina, Renault/Nissan, Procter & Gamble/Gillette, and Warner Music/Parlophone. He also acts for intervening parties and complainants in merger cases, such as for Warner Music Group in EMI/Sony and EMI/Universal, BT in Vodafone/Mannesmann, Apple in Sony/BMG, Tele Denmark in Telia/Telenor, and AT&T in MCI/WorldCom/Sprint. He also has significant experience in Article 102 (abuses), including the roaming case on behalf of Telefonica-O2, Microsoft on behalf of a third party, and Dell in the Intel rebates case. His experience on state aid and state measures include the representation of BUPA in the risk equalization scheme in Ireland and work for Bouygues. He also serves as an arbitrator. Bernard served as council member of the International Bar Association (SBL) and is on the advisory board of the European Competition Journal.

Career

Official, Directorate General IV (Competition) of the European Commission (1989-1991) and Belgian Army (1983-1984).

Languages

English, French.

Member

Brussels Bar.

Education

University of Exeter, England (LL.M. 1983); University of Louvain, Belgium (Licence en Droit 1981); Law Faculty of Namur, Belgium (B.A. 1978)


Belgium

Competition: Belgian law

Within: Competition: Belgian law

Jones Day's clients benefit from the synergies between the competition practice and the firm's strengths in litigation, corporate and M&A, and regulatory matters. Co-led by Alexandre Verheyden and Bernard Amory, the competition team covers major Belgian-level mergers, investigations and litigation centred on alleged abuse of dominant positions/cartels, and state aid cases . In the competition litigation arena, clients benefit from the experience of Michèle Grégoire, who is one of only 20 lawyers to be a member of the Belgian Supreme Court Bar. The firm's excellent practice generates work from a mix of Belgian and global clients; Verheyden, Sébastien Champagne and associate Laurence N. Van Mullem are representing BT, Colt and Verizon in three separate damage claims in relation to an alleged abuse of dominance by Belgacom Mobile concerning low on-net tariffs. Further showcasing the firm's strengths in the telecoms sector, Yvan Desmedt has been advising Telenet/Liberty Global on a requirement to provide access to competitors to the cable market in Belgium. Elsewhere, the group stands out in matters involving other industries, such as transportation, consumer goods, energy and resource management, and financial services. Laurent De Muyter and Charles de Navacelle recently made partner.

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Competition: EU and global

Within: Competition: EU and global

Jones Day fields 'a very practical team' that 'looks around the corner to anticipate issues'. The group, which is jointly led by Bernard Amory and Alexandre Verheyden, is well placed to handle the complex EU and global competition issues of international clients in merger control matters, litigation, cartel and abuse of dominance investigations, and state aid cases. Its breadth and depth of antitrust expertise is complemented by cross-practice support in areas such as corporate and M&A, regulatory and litigation. In addition, it is also able to leverage the knowledge and experience of competition experts throughout the global network. In the TMT sector, Amory, Verheyden, Philipp Werner and recently promoted partner Laurent De Muyter are acting for Deutsche Telekom/T-Mobile in an EC investigation into mobile telephone network sharing agreements, and, separately, are handling its challenge before the EC of an EU member state's auction of spectrum on allegedly discriminatory terms in favour of an incumbent operator. The firm also assists Procter & Gamble with its worldwide acquisitions and divestitures; recent work includes Serge Clerckx and others acting as antitrust counsel to the client on the acquisition of Merck's worldwide consumer health business for $4.2bn, and also the dissolution of its healthcare partnership with Teva. Mario Todino, Charlotte Breuvart, Yvan Desmedt and recently promoted partner Charles de Navacelle are also recommended. Kaarli Eichhorn joined from General Electric in April 2018.

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United States: Antitrust

Cartel

Within: Cartel

Jones Day's John Majoras (based in Washington DC) continues to work with Los Angeles' Eric Enson and the Tokyo office to advise a manufacturer on the landmark DOJ investigation into the global auto parts cartel. In the pharmaceutical space, Michael Knight and Geoffrey Oliver, who are also based in DC, represented a pharmaceutical company in an FTC investigation of a drug used to treat opioid addiction, as well as in a private class action brought by wholesalers on the same grounds. Bruce McDonald sits in Houston and is currently counseling an oil and gas client on an internal investigation into the pricing practices of a newly acquired subsidiary. San Francisco-based Craig Waldman jointly leads the global practice with Bernard Amory, who sits in the Brussels office. Marc Siegel in San Francisco is another name to note. David Wales moved to Skadden, Arps, Slate, Meagher & Flom LLP.

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Civil litigation/class actions: defense

Within: Civil litigation/class actions: defense

Craig Waldman, who splits his time between San Francisco and Silicon Valley, and Brussels-based Bernard Amory jointly lead the global antitrust practice at Jones Day. In a recent highlight, Washington DC-based John Majoras and Los Angeles' Eric Enson are currently collaborating with the Tokyo office to represent NGK and its US subsidiary in several putative class actions arising from the high-profile global investigation into the auto parts cartel. Railway equipment supplier Wabtec appointed a group led by Waldman and David Kiernan - who is based in San Francisco - to defend it in a putative class action brought by current and former employees alleging the client engaged in a conspiracy to depress wages through 'no-poach' agreements with Knorr-Bremse. Chicago-based Paula Render is acting for Deutsche Bank regarding the class action claiming anti-competitive behavior in the trading of interest rate swaps on electronic exchanges. Other key names include Cleveland-based Michelle Fischer and DC's Michael Knight, who is advising a pharmaceutical company on multi-district class action litigation brought by purchasers alleging the client monopolized sales of a drug by engaging in 'product hop' and hindering the entry to market of generics manufacturers. Michael Gleason is also a key name to note. David Wales moved to Skadden, Arps, Slate, Meagher & Flom LLP.

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Legal Developments by:
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  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.‚Ä©
    - Jones Day

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