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Expert Counsel Charles Clarke

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"Rising star" EU and Competition
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Profile

Charles Clarke, LL.M., is the firm’s Expert Counsel on all aspects of EU Competition Law, with a particular emphasis on abuse of dominance, private damage claims, complex merger control proceedings, cartel matters, state aid and vertical restraints.  Within the field of Competition Law, Charles has worked on many high profile and complex cases before the European Commission and competition authorities across the globe.  Including AT&T’s US$85.4 billion acquisition of Time Warner, receiving approvals from 19 regulatory authorities across the globe, including unconditional approval by the European Commission.

Charles’ expertise further extends to regulatory matters, primarily within the areas of Public Procurement and Telecommunications, as well as issues relating to the control of foreign direct investment (FDI). He has experience across a broad range of sectors, including transport, telecommunications, online platforms, media, oil & gas, financial markets, hospitality, pharmaceuticals and consumer goods.

Charles is a PhD student at King’s College London.  His thesis focuses on large-scale infrastructure projects within the EU, specifically whether the existing EU legal framework is fueling cross-border collaboration. Charles has also authored and co-authored numerous articles and book chapters in his areas of expertise.

Prior to joining VILGERTS, Charles worked at a leading international law firm in London and as an antitrust associate at a leading international law firm in Brussels. Prior to joining VILGERTS, Charles worked on the following notable cases:

  • AT&T on the merger control aspects of its US$85.4 billion acquisition of Time Warner.
  • Cisco on the merger control aspects of its US$1.9 billion acquisition of BroadSoft.
  • Monsanto on the merger control aspects of its US$63 billion acquisition by Bayer.
  • An Investment fund in the merger control aspects of a potential transaction.
  • A company regarding the purchase of cartel participant and the potential implications as a result.
  • A leading pharmaceutical company concerning competition issues arising in its pricing practices.
  • Schlumberger on the merger control aspects of its US$14.8 billion purchase of Cameron.
  • Marriot on the merger control aspects of its US$13.6 billion purchase of Starwood Hotels.
  • St. Jude Medical on the merger control aspects of its US$25 billion acquisition by Abbott.
  • Avnet on the merger control aspects of its £691 million purchase of Premier Farnell.
  • The appeal of European Commission State aid Decisions before the General Court.
  • Formal complaints against Google concerning the EU investigations of Android and Google Shopping.
  • Facebook in litigation concerning data privacy issues.
  • A global cosmetic company in relation to it vertical restraints practices.
  • A leniency applicant for its participation in a cartel within the financial services sector.

Career

2020 / Expert Counsel VILGERTS
2019 / FTC, Willkie Farr & Gallagher LLP London
2016 – 2018 / Associate, Arnold & Porter LLP Brussels
2014 – 2016 / Trainee, Gibson Dunn & Crutcher LLP Brussels

Education

2020 – 2024 / King’s College London, PhD (Expected)
2013 – 2014 / King’s College London, LL.M Competition Law (Distinction)
2009 – 2012 / LLB (Hons.)

Publications

2018 / C. H. Bovis, C. Clarke, “Commentary on the Concessions Directive 2014/23/EU”, Chapter in “Brussels Commentary on EU Public Procurement Law”, CH Beck and Hart publishing .
2018 / C. Clarke, Research Handbook on European Public Procurement 2016, by Edward Elgar Publishing: Chapter 2: “Public Procurement and Contracting Authorities”.
2015 / C. Clarke, “The CJEU’s evolving interpretation of ‘In-house’ arrangements under the EU Public Procurement Rules: A functional or formal approach?”, European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 2, pp. 111-125.
2015 / C. H. Bovis, C. Clarke, “Private Enforcement of EU Competition Law”, Liverpool Law Review, Issue 4, 2015, Springer Publications.
C. Clarke, “An overview of the CJEU’s current approach towards the application of the underlying Treaty Principles governing Concessions – does the new Concessions Directive reflect the Court’s progressive functional methodology and provide for legal certainty?”, European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 4, pp. 273-285.
2013 / C. Clarke, “Fracking: A brief overview”, E-squared Magazine, Issue 10, 2013, pp.34-36.
2012 / C. Clarke, “The meaning and requirements of the term ‘Contracting Authority’ under EU Public Procurement Law: A Critique of Developments from the ECJ Jurisprudence”, European Procurement & Public Private Partnership Law Review, Volume 7 (2012), Issue 1, pp. 57-64.

 

Juridiskie pakalpojumi

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    Publications

    • Non-compete clauses: permissible between potential competitors?

      November 23, 2023

      by Charles Clarke, Expert Counsel

      Non-compete clauses are nothing new and common business practice to ensure the necessary fulfilment of agreements and to protect common interests. Such clauses are compatible with competition rules so as long as their duration, subject matter and geographic scope do not go beyond what is reasonably n...

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    • Expat on the Market: Interview with Charles Clarke

      December 16, 2021

      by Charles Clarke, Expert Counsel

      This Article was originally published in Issue 8.9 of the CEE Legal Matters Magazine. CEELM: Run us through your background, and how you ended up in Latvia. Clarke: Shortly after completing my LLM in Competition at King’s College London, back in 2014, I was afforded the opportunity to kick-sta...

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    • Latvia wins EU approval for its Cultural Sector aid scheme

      March 18, 2021

      by Charles Clarke, Expert Counsel

      On March 17, the European Commission (the “EC”), after receiving notification from the Latvian State, approved the injection of EUR 3 million (in the form of direct grants) to assist Latvian cultural institutions in dealing with their cash flows in light of the ongoing coronavirus restrictions in...

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    • EU grants State aid cushion for Riga International Airport with strict conditions

      March 10, 2021

      by Charles Clarke, Expert Counsel

      On March 8, 2021 the European Commission (“EC”) approved Latvia’s notification of its sizeable financing plans to recapitalize Riga International Airport (“RIX”), in the exceptional situation caused by the coronavirus pandemic. The EC held the recapitalization measures notified by Latvia...

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    • EU gives Latvia the green light for modified aid scheme to help revive economy

      March 3, 2021

      by Charles Clarke, Expert Counsel

      On March 2, 2021 the European Commission (“EC”) announced its approval for Latvia to significantly increase its financial support to companies affected by the coronavirus pandemic by EUR 240 million, in line with the State aid Temporary Framework rules. From a timeline perspective, the existin...

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    • State aid granted for airlines affected by the coronavirus pandemic declared compatible by the EU’s General Court

      February 18, 2021

      by Charles Clarke, Expert Counsel

      Yesterday, the EU’s General Court (“GC”) rejected two appeals brought by budget airline Ryanair, against the respective French and Swedish coronavirus pandemic aid packages for their domestic airline sector, which were notified and approved by the European Commission (the “EC”) in March/Apr...

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