Niels Christian Ersbøll is a partner in the EU Antitrust practice, chair of the European Competition practice, and head of the Brussels office. He mainly advises clients on EU competition law in relation to merger control, cartels and restrictive practices, and abuse of dominance, where he has more two decades’ experience. Niels has also significant expertise in advising clients on EU sanctions and export control matters.
He has assisted clients in obtaining merger control clearance on a number of significant transactions before the European Commission and coordinating submissions to competition authorities worldwide for clients such as Pfizer, Boston Scientific and AT&T. He has significant experience assessing filing requirements, devising strategy, dealing with review and designing and negotiating remedies.
In relation to cartels, Niels has successfully acted for companies seeking leniency (immunity as well as fine reductions) before the European Commission, he has appeared before the EU General Court on appeal of European Commission decisions, and is advising on follow-on damage claims. Recently, Niels also has represented individual directors in cartel proceedings, and acted for a whistle blower. He also has significant experience helping clients with designing and implementing compliance measures and conducting internal investigations and audits.
Outside investigations related work, Niels regularly advises clients in relation to, for example, distribution and pricing arrangements, parallel trade, and various forms of cooperation agreements and strategic alliances between competitors. He acts for clients in many industries, and has particular experience within the life sciences, media and the transport & logistics sectors.
As a reflection of his deep understanding of the industry, since the declaration of the Covid-19 pandemic, Niels has also been working extensively with the vaccine industry to advise on a multitude of aspects of vaccine and antiviral procurement by governments and international organisations including the EU, the African Union, COVAX and CARICOM.
Moreover, Niels also regularly advises clients on EU sanctions questions, notably in rapidly changing regulatory environments, especially regarding EU sanctions on Russia. He helps companies establish EU sanctions compliance plans and commercial strategies as well as obtaining authorizations from competent Member States authorities.
Experience
- Novo Nordisk on European and other international antitrust and regulatory approvals in connection with its US$11 billion acquisition of three fill-finish sites from Novo Holdings A/S (Novo Holdings). As part of the deal, valued at US$16.5 billion, Novo Holdings will acquire (through a merger) Catalent, Inc., a NYSE listed CDMO headquartered in New Jersey.
- Novo Nordisk in its acquisition of Cardior Pharmaceuticals for up to EUR€1.025 billion, including upfront payment and additional milestones, to secure merger control and regulatory approvals.
- Novo Nordisk in its acquisition of Inversago Pharma for up to $1.075 billion including milestones, to secure merger control and regulatory approvals.
- Novo Nordisk in its acquisition of Biocorp, to secure merger control and regulatory approvals.
- Pfizer in its $43 billion acquisition of Seagen Inc., a world-leader in antibody-drug conjugates (ADCs).
- Pfizer on global merger control clearances for its $6.7 billion acquisition of Arena Pharmaceuticals.
- Boston Scientific in its $295 million acquisition of the remaining interest of Farapulse.
- Boston Scientific in obtaining merger control and foreign investment clearances in relation to its proposed acquisition of Baylis Medical Company Inc.
- Boston Scientific in obtaining merger control in relation to acquisition of Preventice Solutions, Inc.
- Pfizer on merger control aspects of its divestment of Meridian Medical Technologies.
- Boston Scientific in relation to its pending $1.07 billion acquisition of Lumenis before multiple competition authorities worldwide.
- Pfizer in relation to the spin-off and combination with Mylan NV of Pfizer's established medicines division Upjohn, to form Viatris a company with combined revenues of $20 billion, securing merger control clearances from the European Commission and worldwide ex-U.S. jurisdictions.
- Pfizer in relation to its $12.7 billion joint venture with GSK, combining the parties' consumer health businesses, before the European Commission and in relation to filings worldwide.
- AT&T in setting up an international distribution joint venture between AT&T affiliate Warner Bros. and Universal for the companies' home entertainment business, securing European Commission clearance.
- AT&T in the sale of its majority stake in Central European Media Enterprises Ltd. (CME), securing European Commission clearance.
- Boston Scientific in relation to its $4.2 billion acquisition of BTG plc., before multiple competition authorities worldwide.
- AT&T in relation to its acquisition of AppNexus, a leading global advertising marketplace that provides enterprise technology products for digital advertising, serving publishers, agencies and marketers. Outside the U.S., the transaction was reviewed and cleared in Austria, Germany and Colombia.
- AT&T in relation to its acquisition of Time Warner, acting for AT&T before the European Commission and in relation to filings worldwide.
- Boston Scientific Corporation in its $435 million acquisition of Symetis, a Swiss structural heart company focused on minimally invasive transcatheter aortic valve implantation devices.
- General Electric (GE) in its acquisition of ALSTOM's energy business, acting for GE before the European Commission and in relation to filings worldwide.
- Boston Scientific in its acquisition of American Medical Systems' urology portfolio, lead on coordinating filings outside the U.S..
- Sanyo in the acquisition by Sanyo of Panasonic, representing Sanyo before the European Commission, including notification and negotiation of remedies and clearance, and coordinating multiple international filings.
- Pfizer in its acquisition of animal health businesses from Schering-Plough. Advised on Pfizer's approval as purchaser under EC Commitments, referral of jurisdiction from several Member States to the European Commission, and notification and clearance by the European Commission.
- Kraft in its acquisition of Danone Biscuits. Heavily involved in the notification, negotiation of commitments, and clearance from the EU. Handling multiple national filings.
- Sea Invest in relation to its acquisition of a controlling stake in a large terminal operator in the port of Rotterdam (EMO-EKOM), acting before the European Commission in its Phase II investigation.
- Boston Scientific in its acquisition of Guidant. Heavily involved in the notification and negotiation of commitments and clearance from the EU. Advising on and coordinating the notification and clearance in multiple national jurisdictions worldwide.
- NBC Universal in its establishment of a joint venture with NewsCorp/Fox, including subsequent expansion of the joint venture. Filings and obtaining clearance from the European Commission.
- GE Energy and Hitachi in their establishment of a strategic alliance in the field of nuclear energy. Advising on and coordinating notification and clearance in multiple national jurisdictions worldwide.
- Cisco in its acquisition of Scientific-Atlanta. Assisting in the notification to the EU, in relation to the referral process from Member States to the European Commission, and in obtaining clearance in the EU.
Perspectives
Recognition
"Up and Coming" Competition/European Law — Belgium (2018-2019)
"Up and Coming"—Competition/European Law (Belgium) (2018–2021)
"Foreign Expert for Denmark"—Competition/European Law (Belgium) (2019–2020)
Credentials
Education
- Socrates Deploma, European Law, University of Brussels (ULB), 2000
- M.A., Copenhagen University, 2000
- M.B., Copenhagen University, 1998
- Erasmus Diploma, European Law, University of Leuven (KUL), Belgium, 1999
Admissions
- Brussels, Belgium (associate member, Registered European Lawyer)
- Denmark (Advokat - Danish Bar & Law Society)
Languages
- Danish
- English
- French