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Thomas Elkins

Competition/Antitrust Partner, Paris / Brussels

“I advise on all areas of EU and French competition law. I care about my clients and strive to provide them with clear advice and business-oriented solutions. I am relentless in supporting them with the resolution of their challenges and in meeting their needs.”

Overview

Education and Qualifications

Professional Experience

Publications

Overview

I advise on all areas of EU and French competition law. I care about my clients and strive to provide them with clear advice and business-oriented solutions. I am relentless in supporting them with the resolution of their challenges and in meeting their needs.

Thomas is a partner in Linklaters’ Competition / Antitrust practice. He splits his time between Paris and Brussels and has extensive contacts with the competition regulators both in France and at the European Commission.

He has expertise in all aspects of competition law, including merger control (before the European Commission and the French Competition Authority as well as coordinating multi-jurisdictional clearances), behavioural practices (cartel and abuse of dominance cases) and private damages claims.

Thomas is a longstanding advisor to clients in the automotive, healthcare and retail sectors. He has particular expertise in the pharmaceutical sector, having closely advised a leading player for more than ten years.

Work highlights

Thomas has been involved in several major transactions and landmark cases. Highlights include advising:

  • Peugeot on its 50/50 merger with FCA to become the 4th largest global car manufacturer
  • Energizer on its worldwide acquisition of Varta, cleared by the European Commission subject to remedies, and on its subsequent divestment of the European Varta business which was eventually approved by the European Commission subject to further remedies
  • Peugeot on its acquisition of Opel, creating the second largest player in Europe, which was notified and cleared by the European Commission as well as in more than a dozen jurisdictions around the world; this transaction included the acquisition, together with BNP, of Opel’s banking business, which triggered separate merger filings in a number of jurisdictions including the European Commission
  • Successfully defending Sanofi in a preliminary ruling reference to the European Court of Justice and the Paris Court of Appeal, in the context of a dispute against Genentech concerning a €169m arbitration award
  • Nestlé in (i) the creation up of a €3bn joint venture with R&R (owned by PAI Partners) resulting in the combining of their ice cream businesses on a worldwide level; (ii) in complaints before the EC against the merger between two competitors in the coffee sector, DEMB and Mondelez
  • A leading pharmaceutical company in the context of an abuse of dominance investigation before the French Competition Authority and follow-on damage claims
  • Peugeot and Gefco in the context of an investigation into the delivery services sector
  • Adecco in the context of two investigations into the temporary work sector

Education and Qualifications

Thomas is admitted both to the Paris and the New York bars. He graduated from the University of Paris I Panthéon Sorbonne, the Institut d’Etudes Politiques de Paris (Sciences Po) and Cornell Law School (New York). He was a laureate of the Fulbright Commission’s Georges Lurcy fellowship.

Professional Experience

Thomas is nominated by the Global Competition Review in the “GCR 40 under 40 2020” list released in May 2020.

In 2018, Thomas was nominated by Global Competition Review as “Lawyer of the Year under 40”.

He was also nominated to the 2018 Rising Stars guide.

Thomas has been ranked as Future Leader Partner by Who’s Who Legal – Competition for 2019: 

He his recommended as National Leader for France – Competition 2020:

Thomas Elkins is an “excellent” lawyer, hailed as “great to work with” and “fantastic on litigation matters” in the competition space”.

He is “recommended” by Legal 500.

Thomas entered the Chambers Europe rankings in 2019:

Thomas is being described by his client as making: “difficult concepts easy to understand,” and being “very practical and commercial in his approach.” (Chambers Europe 2020).

Thomas Elkins enters the rankings this year owing to strong feedback. His particular areas of focus include high-profile merger control matters, horizontal conduct on follow-on claims. Interviewees underline his availability and pragmatism, with one source noting: “I’m very impressed. He is good at listening to his clients”.” (Chambers Europe 2019).

Thomas teaches at Sciences Po Paris. He is also an active member of the competition community in France, being a member of APDC (Association des Praticiens du Droit de la Concurrence) and AFEC (Association Française d’Etude de la Concurrence).

He is a regular contributor to the European Cartel Digest published by Kluwer.

Publications

Thomas regularly publishes in reputable journals. He is also repeatedly quoted by Global Competition Review, in particular in articles on Big Data and on French investigations.

Thomas’ articles include:

  • La responsabilité des sociétés mères souvent présumée en droit de la concurrence”, in “Journal des Sociétés”, October 2017
  • Don't be so presumptuous. The Court of Justice has ruled on a company's liability for the anticompetitive behaviour of independent service providers”, in “Competition Law Insight”, October 2016