Bernard E.Amory

Practice Leader Antitrust & Competition Law

(T) + 32.2.645.15.11 (F) + 32.2.645.14.45

Bernard Amory is a highly experienced European antitrust lawyer and co-leader of Jones Day's Antitrust & Competition Law Practice. He has represented major entities in a wide variety of sectors (including technology, financial services, manufacturing, automotive, telecoms, and media), many on a long-standing basis, on competition representations in merger control, cartel, abuses of dominance, and State aid matters before the European Commission, the European courts, as well as national authorities and courts.

Bernard's notable 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 products and industrial bags cases for UPM, the bananas case for Dole, and the credit card investigation for Mastercard.

Some of Bernard's leading merger cases for notifying parties include British Telecom/MCI and British Telecom/AT&T, Total/Petrofina, Renault/Nissan, Procter & Gamble/Gillette, and Warner Music/Parlophone. He also acts for intervening parties and complainants in merger cases, including for Warner Music Group in EMI/Sony and EMI/Universal, British Telecom in Vodafone/Mannesmann, Tele Denmark in Telia/Telenor, and AT&T in MCI/WorldCom/Sprint.

He also has significant experience in Article 102 (abuses), including for Telefonica-O2 in the roaming case, a complainant in the Microsoft case, and Dell in the Intel rebates case. In the area of State aid his representations include BUPA in Ireland's risk equalization scheme and advice for Bouygues.

Bernard also serves as an arbitrator. He is on the European Competition Journal's advisory board and served as council member of the International Bar Association (SBL).

Experience

  • MasterCard defeats UK litigation claim regarding interchange fees for payment card transactionsJones Day client MasterCard Incorporated has defeated a lawsuit brought by various UK retailers seeking £450m in damages for losses allegedly suffered as the result of MasterCard's arrangements for setting default interchange fees on payment transactions.
  • Warner Music Group acquires Parlophone Label Group from Universal Music Group for £487 millionJones Day advised Warner Music Group on the competition law aspects of its acquisition of the Parlophone Label Group from Universal Music Group, a subsidiary of Vivendi, for £487 million (approximately US$765 million) in an all-cash transaction.
  • Parker Hannifin obtains EU General Court reduction of marine hose cartel fineJones Day represented Parker Hannifin Corporation and its Italian subsidiary, Parker ITR Srl, in connection with antitrust investigations in the European Union, the U.S., Brazil, Japan, and Australia relating to the conduct of manufacturers of marine hoses used to transport crude oil to and from ships.
  • Warner Music Group intervenes in Universal's acquisition of EMI's recording business and Sony's acquisition of EMI's publishing businessJones Day served as lead counsel to Warner Music Group as a third-party intervenor in Universal's acquisition of EMI's recording business for €1.4 billion, as well as in the acquisition of EMI's publishing business by a consortium involving the Sony Corporation for total consideration of €1.6 billion.
  • Goodrich merges with industrial conglomerate United Technologies for $18.4 billionJones Day advised Goodrich Corporation in its $18.4 billion merger with United Technologies Corp., marking a major milestone for the company and strengthening its position in the commercial aerospace industry.
  • Orange (France Telecom) sells Dominican Republic assets to Altice for $1.42 billion (€1.05 billion)Jones Day advised long-standing client Orange, S.A. (France Telecom), a leading global telecommunications company, in connection with the sale of 100 percent of Orange Dominicana S.A., its subsidiary in the Dominican Republic, to Altice, a multinational cable and telecommunications company, for $1.42 billion (€1.05 billion).
  • EDF acquires Italy's second-largest energy company Edison SpA in €3.8 billion (US$5 billion) dealJones Day advised Electricité de France SA ("EDF") in the acquisition of Edison S.p.A. ("Edison").
  • UPM-Kymmene successfully appeals industrial bag cartel fineJones Day represented UPM-Kymmene Corporation in its successful appeal to the EC General Court, which significantly reduced the fines imposed by the European Commission in the industrial bags cartel case.
  • MasterCard defends against European investigations and litigation regarding interchange fees for payment card transactionsJones Day advised MasterCard in the seminal, ongoing appeal of the 2012 European General Court's judgment regarding the legality of certain MasterCard interchange fees related to payment card transactions, as well as on Member State investigations and related private litigation for damages.
  • Level 3 Communications obtains antitrust clearance for acquisition of Global CrossingJones Day represented Level 3 Communications, Inc. before antitrust authorities in the U.S. and Europe in its $3 billion acquisition of Global Crossing Ltd., which combined two leading Internet backbone networks.
  • Texas Instruments makes $6.5 billion acquisition of analog device and subsystems specialist National SemiconductorJones Day advised Texas Instruments Incorporated, a global analog and digital semiconductor IC design and manufacturing company, in connection with its $6.5 billion acquisition and related financing of National Semiconductor Corporation, a semiconductor manufacturer that specializes in analog devices and subsystems.
  • Computer Sciences Corporation acquires iSOFT Group for A$437 million (US$452 million)Jones Day advised Computer Sciences Corporation in its acquisition of iSOFT Group Limited, one of the world's largest providers of advanced healthcare IT solutions, for A$437 million (US$452 million), by way of a court-approved scheme of arrangement.
  • EDF sells minority equity stakes to Fluxys and Total in Dunkerque to develop largest new LNG terminal in EuropeJones Day has advised the EDF group on the opening of the share capital of Dunkerque LNG, a subsidiary of the EDF group dedicated to the construction and future ownership of the LNG terminal of Dunkerque, one of the largest LNG terminals in Europe with an annual regasification capacity of 13 billion m3.
  • Procter & Gamble and Teva Pharmaceutical form consumer health care partnershipJones Day advised The Procter & Gamble Company in its agreement with Teva Pharmaceutical Industries to create a partnership in consumer health care by bringing together both companies' existing over the counter medicines and complementary capabilities to accelerate growth.
  • Potash Corporation successfully defends historic $43.1 billion hostile takeover bidFollowing an arduous three-month battle, Jones Day's client, Potash Corporation of Saskatchewan, Inc., successfully repelled BHP Billiton's hostile $43.1 billion tender offer for all of PotashCorp's shares in November 2010.
  • American Airlines successfully defends EC air cargo investigationJones Day defended American Airlines in the European Commission investigation of air cargo carriers, which commenced in February 2006 with unannounced inspections of several companies, in parallel with investigations by U.S. and South Korean antitrust authorities.
  • American Airlines wins antitrust approval for joint venture with British Airways and IberiaJones Day represented American Airlines, Inc. in its long-sought expansion of the oneworld alliance through a revenue-sharing joint venture with British Airways and Iberia Líneas Aéreas de España, S.A., the flag carrier airline of Spain.
  • Procter & Gamble acquired Ambi Pur, the air care business of Sara Lee, for $470 millionJones Day advised The Procter & Gamble Co. ("P&G") in its purchase of Sara Lee's Ambi Pur Business for EU 320 million ($470 million).
  • Global car manufacturer involved in claims arising out of car glass cartelJones Day is representing a global car manufacturer in German court proceedings in connection with antitrust claims arising out of the car glass cartel.
  • China Electronics and its wholly owned subsidiary CEIEC (H.K.) involved in $1.15 billion consortium takeover bid with Mitsui & Co. for TPV TechnologyJones Day advised China Electronics Corporation and its wholly owned subsidiary CEIEC (H.K.) Limited on a consortium takeover bid with Mitsui & Co., Ltd. for TPV Technology Limited whose shares are dual listed in Hong Kong and Singapore.
  • Speaking Engagements

    • June 14, 2019
      10th Annual International Conference of Concurrence Review - New Frontiers of Antitrust
    • November 9-10, 2016
      ECTA Regulatory Conference
    • July 21, 2016
      Kluwer law conference - Update and Overview in Global Competition Law
    • June 29, 2016
      Brexit: UK votes to leave the EU: What happens next?
    • February 1-2, 2016
      GCLC Annual Conference - The Notion of Restriction of Competition: Revisiting the Foundations of Antitrust Enforcement in Europe
    • October 7, 2015
      International Antitrust Conference: Antitrust Worldwide for Companies in Texas
    • July 9, 2015
      Recent Development in Competition Law
    • May 21, 2015
      Recent Developments in Global Competition Law, Global Competition Law Forum
    • September 10, 2014
      Workshop on Trustees and Merger Remedies
    • 25 March 2014
      The New Belgian Economic Code - SPF Economie - presentation on competition law (Chapter IV) and market practices (Chapter VI) (Nouveau Code de droit économique - SPF Economie, presentation relative au droit de la concurrence (Livre IV) et des pratiques de marché (Livre VI))
    • September 13-14, 2013
      Antitrust and the Music Industry - A Long and Winding Road, panelist, IBA Competition Conference
    • 28. Mai 2013
      Grenzüberschreitende Kartellrechtsdurchsetzung und –verteidigung
    • February 22, 2013
      Opening competition in protected sectors: Should new entrants be protected?, New Frontiers of Antitrust, Concurrences' 4th International Conference
    • July 25, 2012
      Jones Day: Global Viewpoints
    • December 6, 2011
      Consolidation in the telecoms sector: what's next?
    • December 6, 2011
      Recent Developments in International Telecoms Mergers, panelist, Consolidation in the Telecoms Sector: What's Next?,
    • November 2011
      競争法研究協会シンポジウム:EU競争政策
    • November 10, 2011
      European Union Competition Policy Symposium in Tokyo
    • October 27, 2011
      The Interaction Between Sector-specific Regulation and Competition Law, IBC Conference on Competition Law & Regulation in the Telecoms, Internet and Broadcasting Sectors
    • October 26-27, 2011
      IBC 17th Annual Conference on Competition Law & Regulation in the Telecoms, Internet and Broadcasting Sectors
    • October 6, 2011
      IBC conference on Competition Law Challenges in the Retail Sector
    • October 6, 2011
      Enforcement in Europe: ECN, NCA, and EC policies, IBC Conference on Competition Law Challenges in the Retail Sector
    • May 6, 2011
      Cross-Border Business Briefing (Dallas)
    • February 22, 2011
      GSM Association's (GSMA) General Counsel Summit
    • February 15, 2011
      Further consolidation in telecoms: what will be the position of antitrust authorities across the world?; Access to customers or networks? The rules which govern revenue allocation between carriers and content providers, GSM Association General Counsel Summit
    • February 3-5, 2011
      Dominance and Standard Setting: Current issues in the High Tech Sector, GCR Antitrust Law Leaders' Forum 2011 conference
    • October 19, 2010
      EU Merger Analysis in Telecom Transactions, International Competition Law Conference
    • May 22, 2010
      Information Exchange: Current Law from a Compliance Perspective, panelist, Competition Law and Economics conference, UCL Centre for Law and Economics
    • July 23, 2009
      International Business Roundtable: Pittsburgh in the Global Economy - Doing Business in Europe, Asia, Mexico, and the Middle East
    • June 8, 2009
      Preparing for the Unexpected, a Jones Day Competition Law Conference
    • May 19, 2009
      Roundtable discussion on regulatory, moderator,IBA 20th Annual Communication and Competition Law Conference
    • November 20, 2008
      Direct settlement of EC cartel proceedings - first experiences, Brussels Matters
    • November 13-14, 2008
      Cartel enforcement and leniency, Advanced EC Competition Law, IBC Legal Conferences
    • October 24-26, 2008
      Exchanges of information, panelist, Summit at Como, A Discussion of Competition Policy, Law and Economics
    • May 14, 2008
      The regulatory agenda: 2007/2008, 18th Annual Communications and Competition Law Conference
    • March 21, 2008
      Towards a dynamic information society in Belgium, 10th Anniversary of the Platform Telecom Operators
    • 2006
      The latest developments of anti-trust law, closed door seminar organized by LECG
    • October 2006
      Keidanren Seminar
    • September 17-22, 2006
      The Future of International Terminating Access, IBA Conference
    • 2006
      Merger Remedies: An Examination of the Type, Scope and Effectiveness of Remedies in Merger Cases, Antitrust and Trade Law Section
    • December 2003
      The Current State of Affairs: What Scope for Improvement, 4th Competition Law Forum on Enhancing the Effectiveness of State Aid Policy
    • December 2003
      The Potential Impact of Recent Competition Law Decisions on Regulation in Communication and Media: Opportunities and Risks for New Entrants, 4th Annual Regulatory Conference of the European Competitive Telecommunications Association
    • September 2003
      Competition Between Regulators in Telecommunications, International Bar Association Conference
    • May 2003
      Towards the Exclusive Application of Competition Law, International Bar Association Conference
    • April 2003
      Legal Aspects and Legislative Framework in the Belgian and European Telecommunications Sector, 8th Annual Belgian Telecoms Summit
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