Paul Lugard is a Partner with Baker Botts and is skilled in competition law, with considerable experience in merger control proceedings, exclusionary conduct, distribution arrangements in the energy and other sectors, technology licensing and matters on the intersection of intellectual property and antitrust law.
As the former Head of Antitrust at Royal Philips Electronics, Paul managed all significant antitrust matters for the company, securing merger clearances and advising on all aspects of competition law. He has also designed, implemented and managed antitrust compliance programs for clients in Europe and internationally.
Paul has advised clients in a wide variety of industries, including telecommunications, consumer electronics, medical imaging, chemicals, semiconductors, oilfield services, LNG and the automotive parts sector.
In addition, Paul is active in the development of international competition law policy, serving as Chair of the ICC Competition Commission, as a European Commission and Dutch Competition Agency Non-Governmental Advisor (NGA) to the International Competition Network, and as Vice Chair of the Competition Committee of the Business and Industry Advisory Committee (BIAC) to the OECD.
Paul Lugard is an Assistant Professor at TILEC (Tilburg Law and Economics Center) at Tilburg University, the Netherlands and serves as President of the Dutch Association for Competition Law.
Paul graduated in law in 1989 at the University of Groningen, the Netherlands and in 1990 at the College of Europe in Bruges, Belgium.
Paul speaks Dutch, English, French and German.
- Advising a major Japanese manufacturer of automotive parts in relation to antitrust compliance matters
- Advising a major international LNG company on the formation of a joint venture for the offtake and supply of LNG worldwide in relation to EC competition law
- Representing Caterpillar in a Form CO merger notification before the European Commission
- Advising a leading Saudi energy company on the renegotiation of energy supply agreements in relation to EC competition law
- Secured EC merger clearance for a full-function joint venture with LG Electronics – Case M. 2263*
- Obtained EC merger approval for acquisition of Marconi Medical Systems – Case M. 2537*
- Gained EC merger clearance for acquisition of Intermagnetics – Case M. 4300
- EU investigations under Article 102 TFEU of standard setting and joint licensing practices in the high-tech and telecommunications industries.
- Secured EC merger clearance for Acquisition of Saeco – Case 5547*
- Philips in relation to article 102 TFEU in various high-tech matters*
- Philips in numerous multi-jurisdictional merger filings and article 101 TFEU matters*
* As in-house counsel at Royal Philips Electronics
Publications, Speeches and Presentations
- “Technology Licensing: Evolving Antitrust Standards in the Smartphone and Other Sectors”, The CPI Antitrust Journal, April 2012(2)
- “Minority Shareholdings Under Antitrust Law: A Regulatory Gap?” The CPI Antitrust Journal, January 2012(1)
- “Mededingingsrechtelijke Known Unknowns. Of toch Unknown Unknowns?”, Markt & Mededinging, 2011, no. 5
- “The International Competition Network at Ten, Origins, Accomplishments and Aspirations, Essays,” (Paul Lugard, Ed.), Intersentia, 2011
- “The EC Commission’s Review of the EU Competition Rules on Horizontal Agreements,” The CPI Antitrust Journal, September 2010(1)
- “The New EC Block Exemption for Vertical Restraints: A Step Forward and a Missed Opportunity,” The CPI Antitrust Journal, June 2010(2) (with Van Dijk)
- “Nine Modest Suggestions for the New Commissioner for Competition,” The CPI Antitrust Journal, February 2010(1)
- “Case Note on Case 37.990 Intel, Decision of 13 May 2009,” Markt & Mededinging, 2010, no.1 (with Van Ginneken)
- “Some Reflections on Resale Price Maintenance,” Legal Issues of Economic Integration (LIEI), February 2010
- “Toxic assets, liar loans, regulatory failure en het mededingingsrecht,” Markt & Mededinging, 2009, no.1
- “Chilling Effects of Antitrust Law. Better be Safe Than Sorry?” Chapter 18, International Antitrust Law and Policy: Fordham Law 2008 (Barry Hawk, Editor)
- “Leegin Creative Leather Products, Inc. v. PSKS, Inc.,” Markt & Mededinging, 2007, no 5/6
- “Between Myth and Reality – International Convergence of Competition Norms,” Global Competition Review, 2006, no. 11
- “Eternal Sunshine on a Spotless Policy? Exclusive Dealing Under Article 82 EC,” European Competition Journal, July 2006
- “Honey, I Shrunk the Article! A Critical Assessment of the Commission’s Notice on Article 81(3) of the EC Treaty,” European Competition Law Review, 2005, Issue 7 (with Hancher)
- “On the Merits, Current Issues in Competition Law and Policy. Liber Amicorum Peter Plompen.” (with Hancher, Editors), Intersentia, 2005
Speeches and Presentations
- “Evaluating the Relationship between Competition Law and IP Protection,” The European Intellectual Property Forum, 24 May 2012, Brussels
- “Quantification of Harm to Competition by Courts and Competition Agencies,” AmCham EU Competition Policy Committee, 30 March 2012, Brussels
- “The Price is Right- Or is It?” ABA Antitrust Law Spring Meeting, 1 April 2011, Washington DC
- “The Interplay Between Competition and Intellectual Property Rights,” Business Europe- U.S. Chamber of Commerce, 2nd Annual Joint Competition Conference, 25 October 2010, Brussels
- “Standards, High-Tech, Intellectual Property Rights and Antitrust,” expert presentation at the OECD WP2 meeting on standard setting, 14 June 2010, Paris
- “Technology Transfer Guidelines Five Years On,” IBC Conference on Intellectual Property & Competition Law 2009, 15 September 2009, Brussels
- “Innovation and the Regulation of Dominant Firms,” Global Antitrust Enforcement Symposium, Georgetown University, 23 September 2008, Washington DC
- “Unilateral Conduct - Microsoft,” IBA International Competition Conference, 17 April 2008, Tokyo
- “Exclusive Dealing,” TILEC Seminar, 18 January 2008, Tilburg
- “Recent Developments in EC and National Competition Law,” Portuguese Competition Authority, 19 November 2007, Lisbon
- “Verticale Relaties,” 5e Jaarcongres Ontwikkelingen Mededingingsrecht 2007, Scheveningen
- “Non-Horizontal Merger Guidelines – DG COMP Draft Guidelines,” 11th Annual Competition Conference, 7-8 September 2007, Fiesole
- “The EC Commission Policy on Patent Pools. Has the Commission Struck the Right Balance?” ABA Brown Bag Lunch, 20 March 2007, Brussels
- “Dominant Positions and Monopoly Power - Exclusive Dealing,” 55th ABA Antitrust Law Spring Meeting, 20 March 2007, Washington DC
- “Highlights on Vertical Restraints and New Policy Directions,” Global Competition Law Centre, Brussels, 27 November 2006
- “Patents, Competition and Innovation,” presentation and forum discussion OECD Competition Committee Roundtable, 18 October 2006, Paris
- “Legitimacy and Effectiveness of Antitrust Agencies,” 5th Annual Conference of the International Competition Network, 3-5 May 2006, Cape Town
- “Single Firm Conduct,” US Federal Trade Commission – Department of Justice Hearings on Single-firm conduct, 12 September 2006, Washington DC
- “Efficiencies in Merger Control,” 4th Annual BIICL Merger Conference, 11 November 2005, London, UK
- “The Treatment of Patent Pools,” IBC Conference, June 2005, Brussels