Philipp Kirst’s practice focuses on European and German competition law, including cartels, abuse of dominance, merger control, and private damages actions.

Philipp focuses in particular on all aspects of competition damages litigation, including cartel follow-on damages actions. He represents clients before the European Commission, the German Federal Cartel Office as well as the European Courts and German courts.

Philipp joined the firm in 2017. Prior to joining Cleary Gottlieb, he worked as an associate at a major international law firm in Brussels.

Notable Experiences

  • International Flavors & Fragrances in its $7.1 billion acquisition of Frutarom.

  • Nestlé in antitrust proceedings as well as in cartel damage cases before various courts in Germany.

  • Beiersdorf in antitrust proceedings as well as in cartel damage cases before various courts in Germany.

  • BayWa in antitrust proceedings before the German Federal Cartel Office.

  • Lithuanian Railways in an appeal to the EU General Court against a dominance decision of the European Commission.

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Selected Activities

Researcher at the Rotterdam Institute of Law and Economics (Erasmus University Rotterdam) with a particular focus on the impacts and the developments of private enforcement of competition law.

Publications

The Impact of the Damages Directive on the Enforcement of EU Competition Law: A Law and Economics Analysis, Edward Elgar, December 2021

Skanska, Cogeco and Otis: Harmonisation Through the Back Door?, 41 ECLR, Issue 5 (2020), p. 245

The Temporal Scope of the Damages Directive: A Comparative Analysis of the Applicability of the New Rules on Competition Infringements in Europe, European Competition Journal, 2019 (shortlisted for the Concurrences Antitrust Writing Award 2020)

Kartellrecht: Der kartellrechtliche Unternehmensbegriff – Anmerkungen zu EuGH – C-724/17, Vantaan kaupunki/Skanska Industrial Solutions Oy u.a., EuZW 2019, 374 (co-author Rüdiger Harms)

The European Directive on Damages Actions: A Missed Opportunity to Reconcile Compensation of Victims and Leniency Incentives

Neue Vorgaben für Umweltschutz- und Energiebeihilfen

Events