Stephen C. Mavroghenis

Managing Partner, Brussels Office at Shearman & Sterling LLP

Stephen C. Mavroghenis

Stephen C. Mavroghenis

Managing Partner, Brussels Office at Shearman & Sterling LLP

Biography

Shearman & Sterling LLP
Stephen C. Mavroghenis
Partner

Education
The College of Law, Legal Practice Course, 1996
University College London, LL.B., 1994, with honours


Practice
Stephen Mavroghenis is a partner in Shearman & Sterling’s Brussels office and Co-Head of the Global Antitrust Group. His practice focuses on competition law and policy.

Stephen’s practice focuses on EU and UK competition law, in addition to EU regulatory and intellectual property law. Stephen has extensive experience in the aviation, chemicals, energy, high-tech and information technology, pharmaceuticals and medical devices, manufacturing, and media and entertainment industries. He regularly appears in proceedings before the European Commission and the European Courts in Luxembourg. He also appears before the national competition authorities of several member states. Stephen regularly advises multinational corporations on international mergers, acquisitions, joint ventures and corporate takeovers and defends clients against allegations of cartel participation and abuses of dominance, including issues relating to refusals to deal/license, intellectual property rights, rebates, predatory and excessive pricing. Stephen also regularly counsels clients on a broad variety of business practices including licensing and supply agreements, distribution, agency and the establishment and maintenance of compliance programs.

Stephen has published widely on competition issues and is a contributor to multiple legal publications, and is a frequent speaker on competition law and policy.

Stephen is consistently ranked among leading antitrust specialists in peer review rankings and is named as a leading competition lawyer by Global Competition Review, Chambers Global, PLC, and the International Who’s Who of Competition Lawyers. Stephen was also named in 2012 as one of the Global Competition Review’s “40 under 40” of the world’s brightest young antitrust lawyers and has been recognized by Chambers Global as ‘one of the best lawyers of the younger generation’.
Experience

Privatisation of the Public Power Corporation (“PPC”). Counselling the Hellenic Republic Asset Development Fund in the framework of PPC’s privatisation (2012).
Hilton Worldwide, Inc. Successfully defended Hilton in the Swedish competition authority’s investigation of alleged cartel activity in the hotel industry. Hilton was exonerated of all allegations (2012).
Lonza/Arch Chemicals. Representing Arch Chemicals before the UK, French and German competition authorities in connection with Lonza’s US$1.4bn acquisition of all outstanding shares of Arch (2011).
Caterpillar Inc./Bucyrus International Inc. Representing Caterpillar Inc. in connection with the company's US$8.6bn acquisition of Bucyrus International (2011).
Caterpillar Inc./MWM. Advised Caterpillar in obtaining an unconditional Phase II merger clearance for its US$800m acquisition of MWM Holdings GmBH (2011).
Novartis/Alcon. Representing Nestlé in its US$39bn disposal of its majority interest in Alcon to Novartis (2010).
Major Originator Pharma Company. Advising an originator pharmaceutical company in relation to abusive patent strategy adopted by a competitor revolving around various patenting practices and strategies (2010).
Merck & Co. Representing Merck & Co in the European Commission Pharmaceutical Sector Inquiry (2010).
European Federation Of Pharmaceutical Industries And Associations (EFPIA). Assisting EFPIA in challenging the findings set out in the Commission’s Preliminary Report in the Pharmaceutical Sector Inquiry, in particular as regards the IP-regulatory interface and the impact of the IP regulatory aspects on the antitrust assessment (2010).
Schering-Plough Corp. (now Merck & Co, Inc). Representing Schering-Plough with regard to the European Commission’s Article 102 TFEU investigation into alleged misuse of patents to exclude potential competition in the area of chronic obstructive pulmonary disease (COPD) drugs (2010).
Schering-Plough Corp. (now Merck & Co, Inc). Representing Schering-Plough in its US$41bn merger with Merck & Co (2009).
Ingersoll Rand. Represented Ingersoll Rand before the European Commission regarding the acquisition of Trane (2008).
Schering-Plough Corp (now Merck & Co, Inc). Represented Schering-Plough before the European Commission regarding the divestment of animal health assets to Pfizer (2008).
Schering-Plough Corp. (now Merck & Co, Inc). Represented Schering-Plough regarding its US$11bn acquisition of Organon BioSciences (2007-2008).
Hilton Worldwide, Inc. Counsel to Hilton on worldwide antitrust issues (2007 to present).
Pfizer Consumer Health. Advising Pfizer Pharmaceutical Company (Pfizer) in relation to the design and implementation of remedies in the context of the sale of Pfizer’s consumer health business to Johnson & Johnson (2006).
European Liner Affairs Association. Represented the world’s liner shipping industry in the Commission’s review and eventual termination of the Liner Conference Block Exemption, the adoption of Guidelines and the extension of the Liner Consortia Block Exemption (2004).
ICI. Assisted in advising ICI in the European Commission’s methacrylates cartel investigation and preparation of the appeal to the General Court (2004).
A major Hollywood studio. Advised a major Hollywood studio in its objections to the proposed Newscorp/ Telepiu merger (2003).
A major Hollywood studio. Advised a major Hollywood studio in the European Commission’s investigation of most favoured nation clauses found in the contracts of Hollywood film studios with a number of pay television companies in the European Union (2002 to 2004).


Selected Professional & Business Activities

American Bar Association
International Bar Association
Law Society
Law Society’s Competition Section


Publications & Speaking Engagements

Articles:

European Union Competition and Cartel Leniency, Practical Law Multi-Jurisdictional Guide 2012, Competition and Cartel Leniency, PLC.
“Recent Developments in EU Merger Control 2012.” Journal of European Competition Law & Practice. Co-author.
“Recent Developments in EU Merger Control 2011.” Journal of European Competition Law & Practice (November 2010). Co-author.
“Public Funding of Broadband Services.” Global Competition Review—The European Antitrust Review 2007 (September 2006). Co-author.
“Predatory Pricing.” Global Competition Law Centre (2005). Co-author.
“Rescue & Restructuring Aid: A Brief Assessment of the Principal Provisions of the Guidelines.” European State Aid Law Quarterly (2003). Co-author.
“European Commission Consults on Technological Transfer Proposals.” European Regulatory Affairs News (2003).
“EU State Aid Overview.” Global Competition Review—The European Antitrust Review 2004. Co-author.


Books:

The EC State Aid Regime—Distortive Effects of State Aid on Competition and Trade, the Market Investor Test. Cameron May (2006). Co-authored with Paris Anestis.


Speeches:

“What’s Wrong with U.S. Class Actions? Rethinking the Class Action Device from a Global Perspective”, ABA Section of International Law, (April 20, 2012).
“Abuse of dominance: law and economics of pricing.” Competition Law in Transition: Trends and Challenges (June 16, 2011).
“The EC Sector Inquiry in the Pharmaceutical Industry.” ABA Section of Antitrust Law: Health Care and Pharmaceuticals Committee (October 18, 2010).
“Managing the Worldwide Antitrust Landscape.” Georgetown Global Antitrust Enforcement Symposium (September 18, 2010).
“ETHICS: Essentials of Protecting Attorney-Client Communications in the Trenches of Public and Private Antitrust Enforcement: Perspectives from the U.S., Europe and Korea.” Presented by the Compliance & Ethics and International Committees - ABA Spring Meeting (April 23, 2010).
“Intellectual property and antitrust in the biotech sector.” Howrey-Stanford IP Antitrust Symposium Comparing Trends in US and Europe (April 20, 2010).
“Article 102 EC and Strategic Patenting - Patent Thickets and Follow-on Patents.” Conference on the Commission’s Pharmaceutical Sector Inquiry, Brussels (January 14, 2009).
“Antitrust Developments in Litigation, Mergers and Cartels—A Transatlantic Perspective.” 18th Annual General Council Conference, New York (June 2006).


Bar Admissions/Qualifications
England and Wales
Avocat établi à Bruxelles

Courts
European Commission
UK Office of Fair Trade
UK Competition Commission
European General Court (EGC)
European Court of Justice

Practice Areas

Antitrust/Competition
Antitrust Compliance & Counseling
Antitrust Mergers & Acquisitions
Cartels & Government Investigations
Private Antitrust Litigation

Overview
Career Highlights

Shearman & Sterling LLP

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You
Stephen C. Mavroghenis
Managing Partner, Brussels Office at Shearman & Sterling LLP
Education
Legal Practice Course
Class of 1996

The University of Law (formerly The College of Law) is a private teaching university in England which specialises in providing legal education. The University has its own degree awarding powers under English law. It offers courses including the Graduate Diploma in Law, the Bar Professional Training Course, the Legal Practice Course, the Bachelor of Laws (LL.B) and the Master of Laws (LL.M).

LL.B, Honors
Class of 1994

University College London (UCL) is a public research university in London, England, and the oldest and largest constituent college of the federal University of London. Founded in 1826 as London University, UCL was the first university institution established in London and the first in England to be entirely secular, to admit students regardless of their religion, and to admit women on equal terms with men. The philosopher Jeremy Bentham is commonly regarded as the spiritual father of UCL, as his radical ideas on education and society were the inspiration to its founders, although his direct involvement in its foundation was limited. UCL became one of the two founding colleges of the University of London in 1836. It has grown through mergers, including with the Institute of Neurology (in 1997), the Royal Free Hospital Medical School (in 1998), the Eastman Dental Institute (in 1999), the School of Slavonic and East European Studies (in 1999) and the School of Pharmacy (in 2012). UCL's main campus is located in the Bloomsbury area of central London, with a number of institutes and teaching hospitals located elsewhere in central London, and satellite campuses in Adelaide, Australia and Doha, Qatar. UCL is organised into 10 constituent faculties, within which there are over 100 departments, institutes and research centres. UCL has around 26,700 students and 11,025 staff and had a total income of £937 million in 2012/13, of which £335 million was from research grants and contracts. UCL has around 4,000 academic and research staff and 650 full professors, the highest number of any British university. UCL is responsible for several museums and collections in a wide range of fields across the arts and sciences, including the Petrie Museum of Egyptian Archaeology, a leading collection of Egyptian and Sudanese archaeology.

Career History
Managing Partner, Brussels Office
Current

Shearman & Sterling LLP provides legal services. It is engaged in the mergers and acquisitions, capital markets, project development and finance, complex business litigation & international arbitration, asset management, and taxation areas. The company was founded by Thomas Shearman and John Sterling in 1873 and is headquartered in New York, NY.

Professional
Prior

Howrey LLP provides legal services. Howrey provides legal council in the areas of antitrust, intellectual property and complex commercial litigation and arbitration. The firm has offices in North America, Europe and Asia. Howrey was formed in 2000 and is headquartered in Washington, DC.

Transactions
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Rockwell Collins, Inc. purchases B/E Aerospace, Inc.

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Danaher Corporation purchases Pall Corporation

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Huntsman Corp. purchases Rockwood Holdings, Inc. /Perform Add & Titanium Dioxide Bus from Rockwood Holdings, Inc.

Other Affiliations

Stephen C. Mavroghenis is affiliated with Shearman & Sterling LLP, Howrey LLP

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