Covington & Burling LLP | Peter D. Camesasca

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Peter D. Camesasca

Partner

Brussels +32 2 549 5238 pcamesasca@cov.com London +44 20 7067 2036 Download V-card

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A Brussels and London based partner in the firm’s antitrust group, Peter Camesasca has been practicing at the cutting edge of European competition law for 20 years, focusing on the interaction between competitors. This includes constructive M&A- and JV-type cooperation and related filings or self-assessments, as well as IP licensing and technology-sharing arrangements. Dr Camesasca’s work also covers pre-emptive compliance and exposure management in trade associations, as well as handling criminal and administrative investigations into information exchanges, price signaling and cartels, as well as, increasingly, defending against private damages claims before national courts.

Dr. Camesasca has been involved in some of the game-changing precedents that have shaped and continue to develop European competition law, such as:

In M&A, Dr. Camesasca has acted for Rockwell Collins in the successful challenge of the proposed GE/Honeywell transaction concerning avionics, including before the European Courts (2004), which formed the precedent for the introduction of sophisticated economics into day-to-day EU merger control. Presently, Dr. Camesasca acts for a number of leading Asian conglomerates in their continuing expansion and structural re-organizations;
Since the introduction of self-assessment, Dr. Camesasca has been materially involved in the evolving landscape of alliances under Article 101 TFEU enabling efficient transport by air and by sea, representing leading European and U.S. carriers;
During a two-year stint as special counsel to Samsung Electronics, Dr. Camesasca was materially responsible for handling the EU investigation which resulted in a path-breaking settlement covering the availability of injunctions to holders of Standard Essential Patents (SEPs), with no finding of wrongdoing by Samsung Electronics;
Dr. Camesasca has achieved the first-ever settlement under the EU Settlement Notice in re DRAM (2010) and counseled in a range of settlement cases since; he acts in re Smart Card Chips (2014) which redefines the EU Commission’s position vis-à-vis bilateral information exchanges; and he acts in re Liner Shipping (2016) which sets out the EU Commission’s new approach to price signaling; and
Dr. Camesasca acts as lead counsel in re TFT-LCD (2010) which -- alike the U.S. compendium cases -- defines EU jurisdiction for cartel-like conduct outside of the EU, which is the subject of an ongoing challenge in re Iiyama (2016). More generally, Dr. Camesasca manages complex damages litigation defenses in close to a dozen pending matters across industries and venues.

Over the last several years, Dr. Camesasca’s expertise advising Asian conglomerates has translated into a rise in demand for his advice in South Korea and Japan, among other jurisdictions.

Dr. Camesasca has acted before the EU Commission, the European courts, the German Bundeskartellamt, the Belgian Competition Council and various national courts including the UK and Germany.

He is noted for his "keen attention to detail and effective representation of clients' interests" in Chambers Global 2011, and as "very forthright in stating his opinion and he is well connected in DG Comp" in Chambers Global 2016.

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Representing Samsung Electronics in the EU settlement relating to the enforcement by Samsung of standard essential patents (“SEPs”) in connection with the 3G standard used in smartphones and tablets. The EU settlement closed the investigation against Samsung without a finding of infringement or fine levied against Samsung.
Samsung Electronics in the EU investigation into TFT-LCD (1&2). Lead counsel to Samsung Electronics concerning all aspects of the European investigation into alleged collusion in TFT-LCD.
Representing Samsung Electronics in the Smart Card Chips cartel investigation in the EU.
Representing Samsung Electronics relating to various civil follow on claims.
Representing Hapag-Lloyd and United Arab Shipping Company regarding the Container Shipping investigation in the EU.
Representing a half dozen liner shipping carriers regarding various aspects of EU competition law (covering alliances and cooperation type agreements).

Representing World Liner Data and Container Trade Statistics regarding all EU aspects of their data gathering/dissemination activities.
Representing Samsung Electronics relating to various distribution related matters (EU and national).
Representing Samsung Electronics relating to various IP related matters (EU and national).
Representing Samsung Electronics relating to various transactional matters in the EU.
Representing a major US freight forwarder in the European Commission’s investigation into alleged collusion in Freight Forwarding.
Samsung Electronics in the European investigation into DRAM. Served as lead counsel to Samsung Electronics, concerning all aspects of the EU investigation into alleged collusion in DRAM (settled as part of the first settlement under EU competition law, 2010).
Truvo Netherlands/European Directories. Lead counsel to Truvo (formerly known as World Directories), a major provider of directory services worldwide and publisher of the Gouden Gids (Yellow Pages) in the Netherlands, in the merger with European Directories. In a 2-to-1 merger, the Dutch Competition Authority provided clearance without remedies, based on detailed economic assessment (cleared 2008 and prevailed in subsequent appeals).
European Liner Affairs Association, grouping the world’s 21 leading liner shipping companies, in the EU Review of the Conference Block Exemption and the Consortia Block Exemption (2003-2009). Following abolition of the aforementioned Conference Block Exemption after an unprecedented five-year regulatory review, achieved a replacement regime in the form of the EC Maritime Guidelines, which formed the basis for the information exchange aspects subsequently covered in the EC Horizontal Guidelines.
Honeywell v. Commission and GE v. Commission. Acted as counsel to Rockwell Collins, a major avionics manufacturer, concerning its interventions in the landmark appeals before the European General Court against the European Commission's GE/Honeywell decision, in what is generally considered a turning point in EC merger control. Supported the Commission's position in both cases and won (2005).

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Certification of £14 billion Class Action Against MasterCard Refused

On Friday July 21, 2017 the UK’s Competition Appeal Tribunal (the “CAT”) handed down its second class certification decision under the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). It dismissed the application for two reasons. First, the proposed representative failed to show that it could reasonably estimate damages in the aggregate for the class as a whole. Second, even if loss had been suffered and could be estimated across the class as a whole, there was no way to ensure that any payment to an individual class member would bear any reasonable relationship to actual losses. The decision is another indication that the CAT is scrutinizing applications carefully. On the other hand, the CAT’s finding that undistributed proceeds may be used to provide a litigation funder’s investment return will give the litigation funding industry comfort that a return can be made on cases in England.

Class Certification in the UK: The Model Is Canada, Not the U.S.

The UK’s Competition Appeal Tribunal (the “CAT”) has handed down its first class certification judgment in relation to the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). The result? The hearing has been adjourned, with the proposed representative allowed to file and serve an amended Claim Form and revised expert evidence, if so advised, and a revised costs budget, potentially having first sought evidence from third parties. In practice, there must be considerable doubt whether the claim will be able to continue. However, the judgment provides valuable guidance as to the shape and form of the UK’s new class actions regime.

Germany’s Proposal to Introduce “size-of-transaction” Merger Review Thresholds Steps up Wider European Debate over Acquisitions of Start-ups

On July 1, 2016, the German Federal Ministry of Economic Affairs and Energy published a proposed draft amendment to the German Act against Restraints of Competition, which would introduce a new merger control notification threshold based on transaction value. The draft (i) introduces a new merger control notification threshold based on transaction value, (ii) introduces specific criteria for the appraisal of market power in multi-sided markets (which involve products that create value by enabling direct interaction by distinct groups of customers. Examples include credit cards, health networks, software operating systems, search engines, and communications systems), (iii) aligns parental liability with EU law (joint and several liability of companies which form a single economic entity) and expands liability of legal successors (including succession by asset acquisition), and (iv) implements the EU Damages Directive.

Courts face long-term Brexit questions

Peter Camesasca and Alex Leitch are quoted in a CDR article regarding the long-term effects of Brexit on the courts, including uncertainties over enforcement. According to Camesasca, “This will not be immediate. Companies are not making any immediate decisions about litigation in the wake of the Brexit vote. Most are in ‘wait and see’ mode.” He continues, “But ...

Cat's eye: Industry opinion on the UK collective actions regime

Brussels-based partner Peter Camesasca offers insight on how lawyers are advising claimants and defendants on the new UK class action regime in an article featured in the CDR News September-October 2015 issue. Camesasca says, “What we clearly do see is that there are a number of law firms who are touting this new regime very aggressively…these firms are seeing ...

Chambers Europe and Legal 500 EMEA Recognise Covington in 20 Areas

BRUSSELS, June 11, 2015 — Covington has received 20 leading practice group rankings in the 2015 editions of Chambers Europe and Legal 500 EMEA. The legal guides have recognised the firm’s expertise in the following areas: CHAMBERS EUROPE Europe-wide - Regulatory - Agro/Food Europe-wide - Regulatory - Environment Europe-wide - Regulatory - ...

Covington Honored at GCR Awards 2015

WASHINGTON, DC, April 20, 2015 — Global Competition Review has selected matters led by Covington lawyers as winners of two 2015 GCR Awards. Litigation of the Year, Cartel Defense was awarded for the defendants’ win in Motorola Mobility v AU Optronics, et al. Covington partners Robert Wick and Derek Ludwin in Washington, DC, and Jeffrey Davidson in San ...

Germany raises the standard for class action funding

Covington'sPeter Camesasca is quoted regarding a Düsseldorf court confirming that the funding model used by Cartel Damage Claims (CDC) in its case against cement cartelists is illegal. "Peter Camesasca, at Covington & Burling in Brussels, says while the ruling is good news for defendants in that it makes group actions in Germany more difficult, it goes against ...

Covington’s Competition Law Practice Named to GCR Global Elite

WASHINGTON, December 22, 2014 — The Global Competition Review (GCR) has named Covington & Burling to its Global Elite, a list of the top 20 competition practices worldwide, ranking it among the top practices in both Brussels and Washington, D.C. Each year, GCR undertakes extensive analysis of competition law groups in 50 jurisdictions around the world. In ...

Covington’s Brussels harvest

Covington's Peter Camesasca, Johan Ysewyn, Melissa Van Schoorisse, Jennifer Boudet, Miranda Cole, Henriette Tielemans, Sebastian Vos, and Jean De Ruyt are mentioned in this article on the growth of Covington's Brussels office: "April was a busy month for Covington & Burling’s competition lawyers, marking, as it did, the welcome return of Peter Camesasca – who ...

Covington Receives 46 Lawyer, 20 Practice Accolades in Chambers Global

LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. The Covington lawyers ...

Covington Adds Four Partner Life Sciences Corporate Team

LONDON, May 16, 2011 — Covington & Burling LLP adds a top life sciences corporate team to its London office, further enhancing its comprehensive global life sciences practice. Covington is pleased to announce that Paul Claydon, Natalie Diep, James Gubbins and James Halstead are joining Covington & Burling LLP as partners. They complement Covington’s highly ...

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JUVE, Brussels (2015-2016)
Global Competition Review, 40 Under 40 (2012)
Chambers Global, Competition/European Law (Belgium) (2011-2012, 2016-2017)
Chambers Europe, Competition/European Law (2017)
Shortlisted for “Lawyer of the Year - Under 40” by GCR Awards 2011
Legal 500 EMEA, Competition: Belgium (2015-2017), Healthcare and Life Sciences (2017) and EU Regulatory - Information Technology (2015-2016)

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Rotterdam University, Ph.D., 2000

University of Antwerp, Belgium, J.D., 1996

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