Marc Reysen (Howrey’s Partner)

He has also defended clients against allegations of abusive behaviour, advised in relation to structuring distribution systems and represented clients in cartel cases. He has advised on a number of State aid
issues, in particular in relation to investment aid, the state’s role as a shareholder of a business, as well as with regard to the compatibility of longterm agreements with state-owned entities in the energy sector.

His experience spans a broad range of industries, including pharmaceuticals, engineering, defence, IT, chemicals and fuel, transport and logistics as well as the private equity sector. One particular focus of his practice is on financial services and insurance, where he has worked on major merger control matters, providing behavioural advice, compliance training and guidance in relation to the European Commission’s sectoral enquiry.

BAR ADMISSIONS
Munich Bar
Brussels Bar

EDUCATION
Frankfurt and Bonn (First State Examination, 1991)
University of Edinburgh (Master of European law, 1993)
University of Bonn (Dr. jur., 1999)

CLERKSHIP
Higher Regional Court of Cologne

REPRESENTATIVE MATTERS
Ingersoll Rand / Trane. Steering the 11bn USD transaction through the merger control process where exact coordination with parallel procedure was critical (2007).
Schering Plough / Organon Biosciences. Obtaining merger control clearance for Schering-Plough's acquisition of Akzo Nobel's Human and Animal Health businesses. In a matter where speed in obtaining
clearance both in the EU and the US was an essential part of the client's strategic business objectives, we steered the transaction through a complex procedure that involved more than 100 affected markets (2007).
Alcon / Novartis. Assisted Alcon in obtaining merger control clearance in Germany and other jurisdictions in relation to the acquisition of an interest by Novartis. A complex case which involved the need to make the Federal Cartel Office's case team appreciate complex structures in the area of
OTC and RX eye care products (2008).
voestalpine / Profilafroid. A matter in which a successful Form RS and Form CO procedure allowed the parties to ultimately focus their efforts on  a single procedure before one authority in order to obtain the speedy clearance that was important from a business point of view to maximise the full potential of the transaction (2006).
Ingersoll Rand. Strategic advice and representation before the European Commission and the Federal Cartel OFfice in a number of transactions including Intersoll Rand / OMI, Ingersoll Rand / Doosan and others (2007).
SNCF / Deutsche Bahn / Nederlands Spoorwegen Railteam Alliance. A complex joint venture in the area of cross-border high speed rail transport, which the Howrey team provided strategic advice to in relation to both the competition law related assessment and transport policy issues at European and national level (2006).
State aid advice to a major airline. Providing strategic advice to a major airline in relation to obtaining regional aid in a way that was in conformity with European State aid requirements (2007).
Strategic advice on distribution issues to a significant supplier of cosmetics products. Providing strategic advice to a major manufacturer of cosmetic products in relation to structuring its distribution network in the EU that allowed it to exercise a maximum of control over the positioning of its brand while maintaining competition law compliance (2007).
Austria Gaming / Crown Technologies. Close coordination between members of the IP and Antitrust Groups allowed Howrey to effectively guide this time sensitive transaction through the German merger control process (2007).
Regular advice to a major hedge fund in relation to a EU and German merger control procedure. Providing strategic advice to a financial investor on the timing of the review procedure and potential merger control related issues of transactions involving entities in which the client has invested considerable resources (2007 - 2008).

COURTS & ADJUDICATIVE BODIES
European Commission
German Competition Authority
Court of Justice of the European Communities (ECJ)
German Higher Regional Courts

PROFESSIONAL AFFILIATIONS
Officer, International Bar Association [Section of Antitrust Law]
Co-chair, International Bar Association [working group on the development of antitrust rules in the People’s Republic of China]
Antitrust Lawyers' Association for Germany, Austria and Switzerland

PUBLICATIONS & SPEAKING ENGAGEMENTS
ARTICLES
“InBev / Anheuser-Busch – The first published merger decision under the new Chinese AML”, Competition Law Insight, 10 February 2009.
“Kartellrechtliche ‘Sammelklagen’ – Neues Modell fur kartellrechtlich begrundete Schadensersatzforderungen“, Lebensmittel Zeitung, 23 May 2008.
“A tale of two jurisdictions – The dismissive approach of the Commission and Community courts towards national competition authorities does not aid legal certainty”, Competition Law Insight, 12 February 2008.
"Getting tough with Recidivists", Competition Law Insight, March 2007.
"A question of Geography – The Scope of Application of the German de minimis Rules", Competition Law Insight, March 2007.
"When is a transaction a Notifiable Concentration – the European Commission’s jurisdictional notice", Competition Law Insight, December 2006.
"The Volkswagen judgment – Unilateral Actions and Restrictive Agreements." Competition Law Insight, October 2006.
"Settling Patent Disputes", Competition Law Insight, July 2006.
with Michael Bo Jaspeers, "Kartellrechtliche Vorgaben fur die Transaktions- und Integrationsplanung im M&A-Geschaft", Wirtschaft und Wettbewerb 2006, p. 602, June 2006.

SPEECHES
“Resale Price Maintenance and European competition rules - time to revisit an old acquaintance?” Joint Session of the International Sales Committee and Antitrust Committee of the IBA, Singapore, October 2007

LANGUAGES
English
German