Authors
James R.M. Killick
Partner
White & Case
Practice Experience James Killick heads the Firm’s Global Pharmaceuticals and Healthcare practice. He is a litigator with a broad range of European law experience, advising clients on pharmaceuticals, competition, international trade (customs, export control, dumping) and State aid. He regularly advises leading pharmaceutical multinationals and the major US and EU industry pharmaceutical associations on EU and national law and policy affecting the pharmaceuticals sector. His pharmaceutical practice covers competition law, including licensing and distribution issues, regulatory matters, intellectual property, data protection, and national implementation of EU measures, notably on pricing and reimbursement. He has been involved in pleading a number of leading cases in the European Courts, including Microsoft v Commission (compulsory licensing; treatment of trade secrets), Hanner (Swedish retail monopoly on pharmaceuticals), Pfizer v Council (precautionary principle), IMS Health (compulsory licensing), and Servier v Commission (banning of pharmaceuticals). He was actively involved in the European Commission’s pharmaceutical sector inquiry, representing a major global company, and has spoken extensively on this topic. Chambers & Partners (2011) recommend James Killick as “a key resource at the firm for competition issues relating to the pharmaceutical industries.” The International Who’s Who of Life Sciences Lawyers 2013 also recognizes him for his work in the Regulatory field. He was named as one of the 40 leading competition lawyers under the age of 40 by Global Competition Review in 2008 and again in 2012.
Jérémie Jourdan
Associate, Brussels
White & Case
Practice Experience
Jérémie Jourdan’s main areas of practice include EU and French competition law, and general EU law.
He has represented several clients in cartel investigations before the European Commission and on appeal before the EU Courts. Most recently, he represented a manufacturer in the Bathroom Fittings and Fixtures investigation (case COMP/39092), and Toshiba Corporation in the power transformers case (COMP/39129), the TV and computer monitor tubes case (COMP/39437), and in on-going proceedings before the General Court (T-104/13).
Mr Jourdan regularly advises pharmaceutical companies on competition law matters. For example, he represented a pharmaceutical group during the Commission sector enquiry in the pharmaceutical sector in 2008-2009. He worked for Czech company Zentiva in its acquisition by Sanofi in 2009 (COMP/M.5253). Mr Jourdan is currently advising French pharmaceutical company Servier in the Commission’s on-going investigation in the perindopril case (concerning patent settlement agreements).
Mr Jourdan has also represented clients before the European Commission in Phase 1 and Phase 2 merger control reviews, including the acquisition by Metso Corporation of pulp machinery equipment competitor Aker Kvaerner (COMP/M.4187), and the acquisition of Italian company Eco by the Finnish group Luvata (COMP/M.4750). He has also advised clients in proceedings before the French competition authority, most notably the acquisition of Laho Equipement by Loxam SA in the sector of rental of access equipment, and Belgian private equity firm Cobepa in its acquisition of Socotec (Decision 13-DCC-01).
Jérémie Jourdan first worked at White & Case between 2005 and 2010. Between 2010 and 2012, he worked as an adviser to the Competition Hearing Officers of the European Commission. In this role, he was involved in several antitrust and merger proceedings, and developed significant expertise on the procedural rules governing EU proceedings. He was involved in particular in the following matters:
• The review of the hearing officers’ terms of reference and European Commission Best Practices in Antitrust Proceedings in 2011;
• Various cartel investigations, including the freight forwarding case (case 39462);
• Merger control phase 2 proceedings, notably: Olympic/Aegean I (M.5830) and Deutsche Börse/NYSE Euronext (M.6166) (both prohibition decisions); UPM-Kymmene/Myllykoski Paper (M.6342); Johnson & Johnson/Synthes (M.6266); SC Johnson /Sara Lee (M.5969); Western Digital/Viviti (M.6203); and Caterpillar/MWM (M.6106).
Jérémie Jourdan re-joined White & Case in September 2012.