Maurits Dolmans’ practice focuses on EU, UK and international competition law, especially in high-tech and EU intellectual property law.

He has extensive experience in information technology, internet, telecom, media and entertainment, as well as in energy and financial services. He has appeared in proceedings before the European Commission and the EU courts, national courts and national competition authorities of several Member States, and ICC and NAI arbitrations.

Many of his competition cases involve multi-sided platforms, high-tech products, new economy services, licensing or refusals to license, standardization, IP strategy, access to networks, mergers, joint ventures and other transactions, intellectual property arbitration and litigation, abuses of dominance, vertical agreements and cartels.

Maurits joined the firm in 1985 and became a partner in 1994.


Notable Experience

  • IBM in its $34 billion acquisition of RedHat.

  • The Walt Disney Co. in obtaining approval from the European Commission for its $71.3 billion acquisition of certain 21st Century Fox assets, including 21st Century Fox’s film and television studios and cable and international TV businesses.

  • Google in a wide range of matters involving alleged abuse of dominance relating to search, advertising, Android licensing and patent strategy; and in the European Commission and national investigations involving dozens of different complaints and covering virtually all aspects of Google’s business.

  • Google in various transactions, as well as obtaining EU clearance for acquisitions such as Motorola and UK clearance for acquisitions such as Waze.

  • Various complainants in cases against Qualcomm’s practices in several jurisdictions worldwide relating to FRAND licensing for standards and pricing practices, including the EU, the U.S., Korea and China, including European Commission and Korean Free Trade Commission cases resulting in orders to change business practices, and associated appeals by Qualcomm.

  • NVIDIA in merger proceedings before the European Commission leading to the unconditional authorization of its $6.8 billion acquisition of Mellanox.

  • NVIDIA in competition proceedings against Qualcomm before the European Commission and a damage claim in the High Court against Qualcomm for abuse of dominance relating to pricing practices.

  • HarperCollins in the OFT and European Commission e-book investigations.

  • HP Enterprise and HP Inc. in various transactions and matters, including an OFT market study into government procurement of ICT.

  • Various complainants in connection with patent practices by non-practicing entities and privateers.

  • IBM in various transactions and proceedings, including its successful defense against a series of high-profile antitrust complaints before the European Commission, in the area of mainframe emulation, mainframe pricing and maintenance services for mainframes.

  • Major media companies and studios in various matters including EU investigations in cross-border licensing of online content.

  • Various Microsoft cases: IBM, Google, RealNetworks, trade association ECIS, SIIA and others on a successful European Commission investigation against the bundling of operating systems and media players and browsers, denial of interoperability between clients and servers, and patent strategy matters, including various appeals before the European Courts confirming the Commission decisions.

  • Google and others in various patent litigations and IP strategic matters, including investigations by the European Commission.

  • Texas Instruments and Broadcom in proceedings in the EU and U.S. against Qualcomm for breach of undertakings given in connection with the licensing of patents for 3G mobile telephone standards worldwide, including successful appeal proceedings in the United States and settlements resulting in payment above $2 billion to our clients.

  • Sony in various matters, including in an Article 101/102 investigation into Blu-ray and HD-DVD standard setting.

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Selected Activities

  • Member, American Bar Association
  • Member, Brussels Bar Association
  • Member, International Bar Association
  • Member, New York State Bar Association
  • Member, Rotterdam Bar Association
  • Member, Law Society of England and Wales

Publications

UK Proposes A Mandatory, Pre-Closing National Security Regime,” co-author with Nicholas Levy, Paul Gilbert, Tihir Sarkar, Sam Bagot, Nallini Puri, Richard Pepper, Chase D. Kaniecki, Esther Kelly, John Messent and Courtenay Stock, Cleary Gottlieb Alert Memorandum, November 13, 2020.

EU Commission Call for Contributions on ‘Competition Policy Supporting the Green Deal’,” co-author with Robbert Snelders, Richard Pepper, Frédéric de Bure, Laura Chovet Ballester, Giulio Cesare Rizza and Romina Polley, Cleary Gottlieb Alert Memorandum, October 19 2020.

European Commission Announces New Policy to Accept Member State Referrals for Merger Review Even if EC and National Thresholds Are Not Met,” co-author with Nicholas Levy, Francisco Enrique González-Díaz, Romina Polley, Patrick Bock, Christopher J. Cook, Séverine Schrameck, Paul Gilbert, Paul Stuart, John Messent, and Dan Tierney, Cleary Gottlieb Alert Memorandum, October 12 2020. 

Analysis of the UK Supreme Court’s Decision in Unwired Planet v Huawei,” co-author with Paul Gilbert, Fay Davies, Thomas Graf and Daniel P. Culley, Cleary Gottlieb Alert Memorandum, October 1, 2020. 

UK Government Prohibits Acquisition of UK Supplier of Military Aircraft Components,” co-author with Nicholas Levy, Romano Subiotto, Tihir Sarkar, Michael J. Preston, Sam Bagot, Nallini Puri, Paul Gilbert, Richard Pepper, John Messent, Esther Kelly, and Courtenay Stock, Cleary Gottlieb Alert Memorandum, September 22, 2020. 

Germany: Revised Draft Law to Introduce Much Awaited Proportionality Requirement for Patent Injunctions,” co-author with Romina Polley, Elisabeth Macher and Nicolas Stilwell, Cleary Gottlieb Alert Memorandum, September 15, 2020.

The Dominance and Monopolies Review – Eighth Edition, co-editor and Preface co-author (with Henry Mostyn), 2020. 

A Sustainable Recovery for Europe: The EU’s Green Deal,” co-author with Géraldine Bourguignon, Richard Pepper, Rodolphe Elineau and Caroline Hailey, Cleary Gottlieb Alert Memorandum, July 9, 2020.

UK Government Introduces New Powers to Intervene in Mergers on Public Interest Grounds,” co-author with Nicholas Levy, Romano Subiotto, Tihir Sarkar, Michael J. Preston, Sam Bagot, Nallini Puri, Paul Gilbert, Richard Pepper, Paul Stuart and John Messent, Cleary Gottlieb Alert Memorandum (republished July 2, 2020, by The Columbia Law School Blue Sky Blog), June 26, 2020.

A Fairness Paradox in Competition Policy,” co-author with Wanjie Lin, in Fairness in EU Competition Policy: Significance and Implications, Larcier/Bruylant, June 4, 2020.

COVID-19: The Effect on Refugees,” co-author with Byron Spring, Courtenay Stock, and Kathryn Collar, Cleary Gottlieb Alert Memorandum, April 17, 2020.

Competitor Collaboration in Times of Crisis,” co-author with Bruce Hoffman, Daniel P. Culley, Richard Pepper, Konstantin Bondarenko, Alexis Lazda, Savannah Haynes, Marcellin Jehl, and Quinten De Keersmaecker, Cleary Gottlieb Alert Memorandum, April 13, 2020.

UK Suspends Elements of its Antitrust Laws and Refocuses Enforcement in Response to COVID-19,” co-author with Nicholas Levy, Paul Gilbert, John Messent, Ricardo Zimbron, Cleary Gottlieb Alert Memorandum, April 2, 2020.

‘Exploitative’ Abuse of Dominance and ‘Price Gouging’ in Times of Crisis,” co-author with George S. Cary, Bruce Hoffman, Thomas Graf, Leah Brannon, Richard Pepper, Henry Mostyn, Alexis R. B. Lazda, Savannah Haynes, Kristi Georgieva, and Jan Przerwa, Cleary Gottlieb Alert Memorandum, March 31, 2020; republished by Concurrences, April 30, 2020.

Sustainable Competition Policy,” CLPD, Vol 5, Issue 4 and Vol 6, Issue 1, March 22, 2020.

CMA Ramps Up Merger Control Enforcement Ahead of Brexit,” co-author with Nicholas Levy, Paul Gilbert and Ricardo Zimbron, Cleary Gottlieb Alert Memorandum, February 26, 2020.

Payment Services in the EU: Price Regulation to Protect a Duopoly,” co-author with Mario Siragusa, Romano Subiotto, Paul Gilbert, and John Messent, Competition Law Journal, January 30, 2020.

The Dominance and Monopolies Review – Seventh Edition, co-editor and Preface co-author (with Henry Mostyn), 2019.

Should We Disrupt Antitrust Law?” CPLD, May 2019, with Tobias Pesch (on policy issues associated with the digital economy).

Digital Challenges for Competition Policy,” by Maurits Dolmans, Hal R. Varian, Gavin Baird, and Max Senges, SSRN, April 25, 2019.

Competition in Display Ad Technology: A Retrospective Look at Google/Doubleclick and Google/Admob,” by Maurits Dolmans, Henry Mostyn, Daniel Bitton, and David Pearl, CPI Antitrust Chronicle, April 2019.

UK Government Proposes National Security and Investment Regime,” by Nicholas Levy, Maurits Dolmans, Simon Jay, Paul Gilbert, David R. Little, Matthew Hamilton-Foyn, John Messent, and Edward Crane, Cleary Gottlieb Alert Memorandum, August 2018.

The Dominance and Monopolies Review – Sixth Edition, Co-editor and Preface co-author (with Henry Mostyn)2018.

The EU Court of Justice Clarifies the Scope of the Regulatory Framework for Three-Party Schemes but Individual Assessment Is Needed to Determine Whether Fee Caps Apply,” Concurrences, February 7, 2018.

TCL v. Ericsson: Landmark Judgment on FRAND Licensing,” co-author with David Herrington, Cleary Gottlieb Alert Memo, January 9, 2018.

Online Sales of Luxury Goods in Selective Distribution Networks – Coty Judgment,” Cleary Gottlieb Alert Memo, January 8, 2018.

“Fairness and Competition Law: A Fairness Paradox,” by Maurits Dolmans and Wanjie Lin, Concurrences, Issue: November 2017.

“The UK Government Proposes Greater Intervention in National Security and Infrastructure Mergers,” by Maurits Dolmans and Nick Levy, e-Competitions, Issue: October 2017-II, Date: October 26, 2017, pp. 1-10.

“The EU Court of Justice Modernizes Abuse Of Dominance (Intel),” by François-Charles Laprévote, Maurits Dolmans & Thomas Graf, e-Competitions, Issue: October 2017-II, Date: October 26, 2017, pp. 1-10.

The EU Commission fines a company for providing incorrect or misleading information during its investigation on a merger (Facebook/WhatsApp),” by François-Charles Laprévote, Maurits Dolmans, Thomas Graf, Nicholas Levy, Francisco Enrique González-Díaz and Christopher Cook, e-Competitions, No. 84276, June 2017, pp. 1-4.

“Pandora’s box of online ills: We should turn to technology and market-driven solutions before imposing regulation or using competition law,” Concurrences, 3-2017 [won “best antitrust business article” from Concurrences in 2018]

European Union,” by Maurits Dolmans, Francesco Maria Salerno and Federico Marini-Balestra, The Technology, Media and Telecommunications Review, Sixth Edition ed. John P. Janka, November 2015.

Internet & Antitrust: An overview of EU and national case law,” by Maurits Dolmans and Henry Mostyn, Bulletin e-Competitions Internet and Antitrust, Art. No. 71276, February 2015.

European Union,” by Maurits Dolmans, Francesco Maria Salerno and Federico Marini-Balestra, The Technology, Media and Telecommunications Review, Fifth Edition ed. John P. Janka, October 2014.

“De Google Toezeggingen aan de Europese Commissie – Niet te Pruimen, of Kersen op de Taart?” Maurits Dolmans and Andrew Leyden, Computerrecht 2014/73, June 2014.

“The Google Commitments: Now with a Cherry on Top,” by Andrew Leyden and Maurits Dolmans in Journal of European Competition Law & Practice 2014, May 2014.

“Privateers and Trolls join the Global Patent Wars; Can Competition Authorities Disarm Them?” by Maurits Dolmans in Computerrecht 2014/37, April 2014.

European Union,” by Maurits Dolmans, Francesco Maria Salerno and Federico Marini-Balestra, The Technology, Media and Telecommunications Review, Fourth Edition ed. John P. Janka, October 2013.

“Refusal to Deal,” EC Competition Law Series, Volume V: Abuse of Dominance Under Article 102 TFEU, Claeys & Casteels, September 2013.

“Recognizing the legal privilege of in-house counsel,” by Damien Gerard and Maurits Dolmans, MLex, April 2013.

“Refusal to Deal,” Chapter 7 in Gonzalez-Diaz et al, Abuse of Dominance Under Article 102 TFEU, 2013, pp. 385-514

“European Antitrust and Patent Acquisitions: Trolls in the Patent Thickets,” by Maurits Dolmans and Daniel Ilan, Competition Law International, August, 2012.

Internet & Antitrust: An Overview of EU and National Case Law,” by Maurits Dolmans and Andrew Leyden, e-Competitions, No. 45647, May 8, 2012.

Learning from Rambus - How to Tame Those Troublesome Trolls,” by Maurits Dolmans, Daniel Culley and Malik Dhanani, The Antitrust Bulletin: Vol. 57, No.1/Spring 2012.

“A Tale of Two Tragedies – A Plea for Open Standards,” Maurits Dolmans (updated and with introduction by Carlo Piana), International Free and Open Source Software Law Review, Volume 2, Issue 2, 2011, pp. 115-137.

The European Court of Justice Denies Professional Legal Privilege to Employed Lawyers,” by Maurits Dolmans, Dirk Vandermeersch, and Jay Modrall, Employee Relations Law Journal, Vol. 36, No. 4, Spring 2011.

“Microsoft’s Browser-choice Commitments and Public Interoperability Undertaking,” M. Dolmans, T. Graf and D.R. Little, European Competition Law Review, Volume 31, Issue 7, 2010, pp. 268-275.

Standards, IP, and Competition de aequitate non est disputandum?IPR University Center, October 7, 2009.

“Misbruik van intellectuele eigendom en mededingingsrecht,” Leidse IE Alumni Almanak, Delex, December 2008, pp. 39-44.

“The New Technology Transfer Block Exemption: A Welcome Reform, After All,” World Competition, 27(3), 351-363, by Maurits Dolmans and Anu Piilola, September 2004.

“Analysis of Tying – The European Commission’s Microsoft Decision in Perspective,” World Competition, 27(2), 2004.

“A Health Warning for IP Owners: The Advocate General’s Opinion in IMS and its Implications for Compulsory Licensing.” by Maurits Dolmans and Daniel Ilan, Competition Law Insight, November 2003.

Arbitration and the Modernization of EC Antitrust Law: New Opportunities and New Responsibilities,” September 30, 2003.

“Standards for Standards,” Fordham Int'l L J, November 2002 p, 163; Paper for the Joint Department of Justice Antitrust Division/Federal Trade EC Commission hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy, Session on Comparative Law Topics: Licensing of Intellectual Property in Other Jurisdictions, Washington, D.C., May 22, 2002.

“IPRs for Biotechnology – rDNA as a Protectable Database/Copyrighted Work?” in International Intellectual Property Law & Policy, Vol. 6 ed. Hugh C. Hansen, 2001.

“Harmonization of Know-How Protection in the EU: Has the Time Come?” in International Intellectual Property Law & Policy, Vol. 4, ed. Hugh C. Hansen, 1999.

“The 1997 Digital Undertaking,” in European Competition Law Review, Vol. 19 - Issue 2, February 1998.

“Restrictions on Innovation - An EU Antitrust Approach,” ABA 45th Annual Antitrust Spring Meeting, 1997, published in the Antitrust Law Journal, Spring 1998, Vol. 66, Issue 2, pp.455-485.

Events

  • October 22, 2020: “UK Antitrust Enforcement Post-Brexit: What to Expect and How to Prepare,” Cleary Gottlieb Webinar
  • June 9, 2020: “Ensuring Europe’s Patent System is Fit for Purpose in the Digital Age,” Intellectual Property 2 Innovate (iP2i) Webinar (speaking at 46 min., 57 min., and 1 hr. 20 min.)
  • May 28, 2020: “Sustainable Competition Policy,” Concorrenze Webinar
  • December 9, 2019: “Sustainable Competition Policy,” TED@Chillin’ Competition Conference, Brussels, Belgium
  • November 14, 2019: “Online Platforms, Mergers & Competition Law,” presentation to TIRRTL Group (together with Thomas Graf)
  • November 12, 2019: “We Need Proportionality for Patent Injunctions under German Law,” Component-Level SEP Licensing Conference, Brussels, Belgium
  • June 21, 2018: The Path Towards Modern EU Competition Policy: A 50+ Year Retrospective
  • April 11, 2018, “Four principles for effective international enforcement in the digital economy”, U.S. India Business Council roundtable discussion on Digital Economy, Competition Law & International Cooperation, Washington DC ABA Antitrust Spring Conference
  • January 25, 2018, “Fairness as an Objective of Competition Law” GCLC presentation and panel moderator, Brussels, Belgium
  • November 30, 2017: Panel speaker, “Reflections on the Google Shopping Decision” – of Lexxion’s 2017 Competition Law Conference: Does Competition Law Need an Update for Online Markets? Hot Topics, Trends and Perspectives in Competition Policy, Brussels
  • September 26, 2017: Panel speaker, “Implications of the digital revolution for competition policy/law” – Competition and Regulation Policy Conference 2017, Oxford, UK
  • September 8-9, 2017: “Big data: the big issue” – International Bar Association’s 21st Annual Competition Conference, Florence, Italy
  • September 4, 2017: Panel speaker, “A Second Perspective on the Google Shopping Case” – DLD Europe 17 conference, Brussels, Belgium
  • July 11, 2017: “Fairness in competition law/unilateral conduct assessment.” – The Google Search Case: Quo Vadis?– Centre for Commercial Law Studies at Queen Mary University of London, London, UK
  • May 22, 2017: “Online Markets and Offline Welfare Effects – The Internet, Competition, Democracy and Society” – Panel discussion: “Digital Consolidation, Citizen and Community”.  Pembroke College, Oxford
  • May 2, 2017: “90th GCLC Lunch Talk: Algorithms and Markets: Virtual or Virtuous Competition?” – Global Competition Law Centre, Brussels, Belgium
  • February 8, 2017: “Due Process in International Antitrust: Where Are We; Where Are We Heading?” – American Antitrust Institute’s Roundtable: Critical Issues in Global Antitrust - Comity, Intellectual Property, and Due Process, Washington, D.C.
  • February 3, 2017: “Privacy & Big Data: Can the Big Data Companies be Coerced?” –  Concurrences and King’s College London’s The Innovation Economics Conference for Antitrust Lawyers, London, UK
  • October 13, 2016: “Artificial Intelligence and the future of competition law – some further thoughts”, “Dynamic Pricing” and “The European Commission’s Google Investigations” – Jaarcongres Ontwikkelingen Mededingingsrecht, Amsterdam, The Netherlands
  • September 8, 2016: “Aftermarkets in EU Competition Law; Lock-in, Legacy and Luxury” – KFTC 9th International Competition Forum, Seoul, South Korea
  • July 5, 2016: “The Meaning of FRAND Commitments - Exclusionary effects of ‘level discrimination’ – A lawyer’s perspective on the Qualcomm case,” Seoul National University, South Korea
  • June 9, 2016: “Platforms & Mobile Competition”,  Sogang University, Seoul, South Korea
  • June 8, 2016: “Antitrust and Innovation in the Digital Economy: Intervene, Regulate or Let the Market Decide?” Seoul, South Korea
  • June 7, 2016: “Evolving Digital Economy and Approaches to Competition Issues”,  Tokyo Center for Global Communications, Tokyo, Japan
  • November 19, 2015: “An Emerging Competition Law for a New Economy”, Brussels, Belgium
  • September 9, 2015: “Big Data: On the Horns of the Collingridge Dilemma”,  BIICL, Russell Square, London
  • September 4, 2015: LCII “Morning Briefing – Roundtable Seminar – Huawei v. Commission: Implications for Antitrust and Patent Law”, “SEPs, FRAND and Standards after Motorola, Samsung, and Huawei v ZTE – What Now?”, Brussels, Belgium
  • May 21, 2015: Guest Speaker at student lecture: Introduction to Competition Law, Imperial College, London
  • April 23, 2015: “Abuse of Dominance in Technology-Enabled Markets”, 22nd International Competition Forum, St. Gallen, Switzerland
  • April 15, 2015: “A Two-Sided Story: Antitrust in Two-Sided Markets”, ABA 63rd Antitrust Spring Meeting, Washington, D.C.
  • March 6-7, 2015: “Strategic Convergence in Media and Telecoms”, Compass Lexecon UK Competition Policy Weekend, Pennyhill Park, UK
  • February 3, 2015: “Antitrust, Big Data and Privacy – Debunking Nine Big Data Myths”, Concurrences Seminar, Brussels
  • December 17, 2014: “Are Injunctions Permissible for FRAND Encumbered Patents?”, OECD Hearing on Intellectual Property and Standard Setting, Paris
  • November 25, 2014: “Patent aggregation – impact on competition and innovation?”, European Patent Office Workshop, Munich
  • October 27, 2014: “Defining FRAND royalty rates”, European Commission Workshop on "Standard Essential Patents and Innovation in Information and Communication Technologies", Seville
  • September 17, 2014: “Interoperability and compulsory licensing of IP under Article 102”, IBC Legal: IP & Competition Law 2014 Conference, Brussels
  • September 5, 2014: “Standard Setting and IP”, 9th Annual Conference of the EPIP Association, Brussels
  • September 4, 2014: “Patents and innovation – the Unified Patent Court as a honeypot for trolls and privateers”, 9th Annual Conference of the EPIP Association, Brussels
  • June 23, 2014: “Injunctive relief and SEPs after the Samsung Article 9 commitment and Motorola Article 102 infringement decisions”, GCR Live 2nd Annual IP & Antitrust Conference, Brussels
  • June 5, 2014: “IT and Competition Law”, International Federation of Computer Law Associations (IFCLA) 2014 Conference, Antwerp
  • October 15, 2013: “Legal Privilege in the EU”, New York
  • September 26, 2013: “Trolls and Privateers”, IBC Legal: IP & Competition Law 2013 Conference, Brussels
  • September 9, 2013: "Market power assessment and controlling its abuse", Regulatory Policy Institute Annual Conference, Merton College, Oxford
  • June 20, 2013: "The Commission’s Investigation of Google’s Practices”, CGSH Antitrust Seminar 2013, Brussels
  • April 30, 2013: "Intellectual property and antitrust", IBA 24th Annual Communications and Competition Law Conference, Rio de Janeiro  
  • April 29, 2013: "Recent antitrust developments in the online sector", IBA 24th Annual Communications and Competition Law Conference, Rio de Janeiro  
  • April 20, 2013: "Legal Issues of Cloud Computing", British-German Jurists’ Association Conference, Brighton, UK  
  • February 8, 2013: "A New Shift: The Patent Wars Move (Partially) to the Merger Context", GCR Live 2nd Annual Antitrust Law Leaders Forum, Miami  
  • December 12, 2012: "Head in the Cloud, Feet Firmly on the Ground", Policy Dinner of the European Committee for Interoperable Systems (ECIS), Brussels
  • October 9, 2012: "Current Trends and Procedures in EU Competition Investigations & Enforcement", San Diego
  • October 3, 2012: "Recent Developments in Global Antitrust Enforcement and Information Sharing", London
  • September 25, 2012: “The Google case - Beyond IP”, IBC Legal: IP & Competition Law 2012 Conference, Brussels
  • June 12, 2012: "The IP Competition Law Interface: Part I: Role of Competition Authorities in IP Matters - EU and US Perspective: Should Antitrust Law Enjoin Injunctions?", Competition Law Association Evening Meeting, London
  • May 23, 2012: "From My Wings are Shaken, the Dews that Waken, the Sweet Buds Every One… – Cloud Computing, Innovation, and Competition", OpenForum Academy Seminar, Brussels
  • May 8, 2012: "Recent Antitrust Developments in the Communications Industry", IBA: 23rd Annual Communications and Competition Law Conference, Lisbon
  • March 20, 2012: “The Economics of Patent Wars and other IP-related issues”, IBC Legal: Competition Economics 2012 Conference, London
  • March 14, 2012: “Should Antitrust Authorities Intervene in Fast Moving IT Markets?” and “ IT Firms under the Antitrust Nanoscope”, GCR IT & Antitrust Conference – London 
  • March 2, 2012: "Mobile Patent Wars - The Fight to Become the Next Platform Superpower", London
  • March 1, 2012: “Legal Entertainment? – Satellite and online broadcasting after Premier League v Mrs Murphy”, London
  • February 8, 2012: "The Mobile Patent Wars - What to do? Promoting Patent Peace? Standardizing Standards Policies? or Taming Those Troublesome Trolls?", London