Photo of Oliver  Heinisch

Oliver Heinisch

Partner
London
T: +44.203.178.7833
Brussels
T: +32.2.290.7904
F: +32.2.290.7901

Education

  • LL.M., University College London, UK 2001
  • Second State Exam, Higher Regional Court of Berlin, 2000
  • First State Exam, Humboldt Universitat zu Berlin, Germany, 1998
  • England
  • Wales
  • Germany, Rechtsanwalt (Berlin)
  • Belgium, Brussels E-List
Overview
Honors
Experience
Thought Leadership
Memberships

Japanese Version (日本語版)

Oliver Heinisch is a partner in the Antitrust and Competition Practice Group in the firm's London office.

Areas of Practice

Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He has substantial expertise in advising on the interface between intellectual property and competition law mainly in the context of complaint cases, investigations of competition authorities and intellectual property litigation.  His additional experience includes advising on parallel imports, complex IP licensing, R&D and cooperation arrangements. The majority of his clients are technology and life sciences companies, and he also works for financial services, insurance, automotive, industrial and food clients.

Oliver is ranked in Legal 500 and Chambers Global, Europe and UK and described by clients as “very promising and bright,” a "very sharp professional" and "an excellent lawyer with a good understanding of our business needs." 

Brexit
Oliver regularly advises clients on questions relating to the UK’s decision to leave the European Union. He assists client with strategic advice to deal with the uncertainty in the market, and the impact of Brexit on investment decisions, data protection, ongoing litigation and investigation as well as on the impact of Brexit on commercial agreements.

Data Protection, GDPR
Oliver also has substantial experience in advising clients on data protection issues in Europe, Germany and the UK. He has advised a number of multinational companies on issues relating to Big Data, data breaches, data transfers, data protection defenses in the context of litigation discovery, questions relating to HR and employment, retail and online selling. He has been involved in several projects helping companies prepare for GDPR compliance and regularly publishes and presents on the GDPR.

Honors

  • Legal 500 Europe, EU and Global Competition Law, 2013, 2015, 2017
  • Chambers UK 2016, noted by clients as “very promising and bright”
  • Chambers Global, Europe and UK, 2014, 2015 noted by clients for his “excellent understanding of our business”

Experience

Mr. Heinisch’s recent work includes advising

Cartels/Agreements

  • a client on the European Commission’s LCD cartel investigations
  • a German brewery in relation to a cartel investigation by the German Bundeskartellamt
  • Rohm&Haas – on a cartel investigation in relation to impact modifiers
  • Sevenoaks in the UK OFT’s independent schools cartel investigation leading to the OFT’s first ever cartel settlement
  • a Japanese electronics company on an internal audit and strategy on leniency
  • a participant in relation to a European Commission investigation into price reporting in the Market-On-Close price assessment process of Platts Limited
  • a group of leading electronics companies on their cross-licensing and patent pool arrangements
  • two leading consumer electronic companies in relation to their European-wide distribution system and rebate schemes under Article 102
  • Fujifilm on a complex R&D cooperation agreement
  • the UK Department for Innovation, Universities and Skills (as was) on the establishment of the Energy Technologies Institute, a £1 billion public-private partnership and its IP policy and general framework
  • a leading pharmaceutical company on several patent settlement agreements with generic companies
  • a pharmaceutical company on changes to its distribution system, the introduction of supply restrictions in the light of the CJEU’s Syfait and Spanish dual pricing cases
  • a life sciences company on restrictions to parallel trade and quota schemes


Abuse of Dominance

  • SK Hynix on its complaint to the European Commission dealing with patent ambush, standard-setting and FRAND licensing
  • SK Hynix in front of the General Court challenging the Commission's commitment decision against Rambus Inc. - T-148 and 149/10
  • a biologic company on strategies in relation to competition by biosimilars, conduct relating to healthcare professionals, and general lifecycle management
  • Samsung in relation to DVD standard essential patent pools
  • a medical device company on EU parallel imports and product combinations, promotion agreements and pricing


Merger Control

  • Anacap Financial Partners LLP on German merger control in relation to the acquisition of various portfolio companies
  • Advantage Partners LLP on German merger control in relation to the acquisition of various portfolio companies
  • Interbrew’s acquisition of German breweries Spaten, Loewenbräu and Dinkelacker (M. 3289)
  • Norsk Hydro’s acquisition of VAW aluminium (M. 2702)


State Aid

  • Oxford University on the possible funding of a research facility


Antitrust Damage/IP Litigation

  • Sharp Corporation in the High Court (London) against two proceedings
    involving claims for damages brought separately by Nokia and Sony relating to its purchases of LCD’s
  • HTC on their antitrust defence against assertion of standard essential patents in the patent court of Mannheim (Germany), including on FRAND licensing and Orange Book Standard case law (IPComm v HTC and others)

Articles

  • The object of the exercise: A look at the ECJ’s landmark Groupement des Cartes Bancaires decision, CLI, November 2014
  • Travellers’ tales: The authorities are checking out the online hotel reservation sector, CLI, July 2014
  • Clarity on jurisdiction? The Court of Appeal rules on the jurisdiction of the English courts in private damages actions, CLI, November 2012
  • Access to leniency documents: The European Commission is ordered to rethink its blanket approach, CLI, July 2012
  • Access to leniency documents: Pfleiderer applied in the English High Court, CLI, May 2012
  • Jurisdiction revisited: The Toshiba Carrier case raises further complex issues post Provimi and Cooper Tire in antitrust damages actions, CLI, November 2011
  • Co-Author, IP Licensing chapter, PLC EC and UK Competition Law Handbook
  • Co-Author, Chapter on Private Enforcement, PLC Cross-border Competition Handbook

Antitrust Law Blog Posts

Global Trade Law Blog Posts

Media Mentions

Speaking Engagements

  • "European Competition Law in the Nationalist Era: What You Need to Know at the Dawn of Divergence," Silicon Valley Association of General Counsel, April 21, 2017

Memberships

  • Studienvereinigung Kartellrecht e.V.
  • ICC Task Force for IP and Standards
  • Association of British Healthcare Industries (Legal Issues Committee)
  • Law Society Competition Section, American Bar Association