Dr Jens Peter Schmidt

Lawyer (Rechtsanwalt)
Partner
Practice Group: Antitrust & Competition
Co-Head of Noerr’s Brussels office

Jens Peter Schmidt advises on European and German antitrust and competition matters. The focus of his counseling concerns M&A merger control risk assessments and complex merger notifications; he advises on the antitrust compliant structuring of co-operations and distribution systems, abuse of dominance matters, general antitrust compliance, and state aid. Global rankings recognize Jens Peter as leading expert for antitrust and competition laws. He is Co-Head of Noerr’s Brussels office. Prior to joining Noerr, he was the Managing Partner and Co-Head of the European antitrust practice of an international US law firm.

Expertise

  • European and German antitrust and competition laws
  • Merger control and M&A antitrust compliance
  • Co-operations and distribution systems
  • Compliance
  • State Aid

Career

  • Legal studies at Rheinische-Friedrich-Wilhelms-University in Bonn, Germany
  • Doctorate in Law at Rheinische-Friedrich-Wilhelms-University in Bonn, Germany
  • Partner in the Antitrust & Competition practice of an international US law firm, Co-Head European Antitrust & Competition practice and Managing Partner Brussels office
  • Admission to the Brussels Bar and to the Düsseldorf Bar
  • Joined Noerr in 2020

Selected Projects

  • Representing Japanese companies in merger control proceedings in relation to the acquisition of a stake in HERE
  • Representing global chemical company in the European Commission’s merger control investigation and conditional clearance of the merger with Quaker*
  • Representing internationally active nutrition and agricultural products company in European and national merger control proceedings*
  • Representing third party intervenient in the abuse of dominance investigations of the European Commission against Qualcomm*
  • Counseling on e-commerce distribution issues
  • Representing third party intervenient before the General Court and the European Commission in relation to the EUR 8,6bn acquisition of E-Plus by Telefónica*
  • Advising utility on the state aid aspects of the EUR 24,1bn fund for the management of radioactive waste in Germany*
  • Representing third party in the second-phase merger control proceedings of the German Bundeskartellamt in relation to the VTG/Nacco takeover*
  • Representing seller in relation to the acquisition of the target by Lürssen in merger control proceedings before the German Bundeskartellamt*
  • Representing buyer of MWM (USD 800mn) in the second-phase merger control investigation of the European Commission*
  • Representing EUROFER (European Steel Producer Association) as main complainant in BHP Billiton/Rio Tinto (USD 116bn) iron ore proceedings of the European Commission and parallel merger proceedings of German Bundeskartellamt* *in previous law firm

Distinctions

  • Chambers Global 2020 Competition EU – Belgium and Foreign Expertise in Germany: “[he] thinks in terms of our business", "is super-responsive, knows the EU process and really understands our products”
  • JUVE 2019/2020: frequently recommended expert in the area of Antitrust, “well connected and respected Schmidt often advises on complex European projects”
  • Legal500 2020 "What stood out was Jens’ willingness and ability to explain clearly how the law worked and explain in a layman’s terms what some of the written law actually meant (not always easy to understand) and then apply this and explain to us how it applied to our situation. There is no way we could have done this without a total expert helping us".
  • IFLR 2020 Guide to the World’s Leading Financial Law Firms: highly regarded expert for EU Antitrust
  • Who’s Who Legal 2019: worldwide leading expert in Antitrust
  • Chambers Global 2012-2019
  • Chambers Europe 2011-2019
  • Legal500 2012-2019
  • JUVE 2011/2012-2018/2019
  • IFLR 2013-2019

Memberships

  • Board Member, German-American Lawyers' Association
  • Co-head of Practice Group Antitrust/Regulated Industries/Media of German-American Lawyers' Association
  • Member, German Association for the Study of Antitrust Law

Selected Publications

  • "Akzo Nobel and Others v Commission: when can parent companies be liable for the acts of subsidiaries even if action against the subsidiary is time-barred?", Journal of European Competition Law & Practice, Oxford University Press, September 2017
  • "Cooperation of competition authorities and courts in administrative and fine proceedings in the EU",Kamann/Ohlhoff/Völcker, Kartellverfahren und Kartellprozess, Handbuch, Verlag C.H. Beck, December 2016
  • "Liability of a company for Antitrust infringements of its agent", ZWH Zeitschrift für Wirtschaftsstrafrecht und Haftung, March 2016
  • "The competence of the European Commission to assess minority shareholdings", Austrian Competition Journal, February 2014
  • "Germany: merger control analysis of minority shareholdings – A model for the EU?", Concurrences, 2-2013, May 2013
  • "Antitrust developments in the food sector in the EU", European Competition Law Review (E.C.L.R.), Thomson Reuters, April 2013
  • "First come, first served": the different assessment of parallel mergers in the EU and the US", Europäisches Zeitschrift für Wirtschaftsrecht (EuZW), March 2013
  • "Merger control referrals pursuant to Article 22 EUMR - Looking for the best placed authority", Wirtschaft und Wettbewerb (WuW), November 2011
  • "Antitrust compliance requirements with respect to information exchanges between competitors", Betriebs-Berater, November 2009
  • "A comparative analysis of Article 82 EC Treaty and Section 2 of the Sherman Act", Zeitschrift für Wettbewerbsrecht (ZWeR), April 2005
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