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 and German courts.

Philipp joined the firm in 2017 and became a senior attorney in 2023. Prior to joining Cleary Gottlieb, he worked as an associate at a major international law firm in Brussels.

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Notable Experience

  • Google in an antitrust damages litigation brought by Idealo (a subsidiary of Axel Springer) before the Regional Court of Berlin in relation to the EU Shopping case.

  • Google in antitrust litigation brought by Netdoktor (a subsidiary of Hubert Burda Media Holding KG) before the Regional Court of Munich in relation to a cooperation between Google and the German Ministry of Health.

  • A Danish pharmaceuticals company in cartel damages litigation in relation to “pay-for-delay” allegations before German courts.

  • Broadcom in antitrust litigation before the Regional Court of Munich.

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

  • GoodMills in cartel proceedings (flour) and damages litigation.

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

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

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

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

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Selected Activities

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Guest Lecturer at the Rotterdam Institute of Law and Economics (Erasmus University Rotterdam) on private enforcement of competition law.

Publications

“FCO Declares OpenAI/Microsoft Cooperation (Currently) Not Subject To Merger Control,” Cleary Antitrust Watch Blog, November 15, 2023

“Germany,” Lexology Getting the Deal Through: Dominance 2023, March 2023 

Federal Ministry for Economic Affairs and Climate Action Opens Consultation on Competition and Sustainability in Germany and the EU, Cleary Antitrust Watch Blog, March 2023

The Application Ratione Temporis of the Damages Directive’s Provisions and Conflicting Limitation Periods under National Laws in Research Handbook on Competition Law Private Enforcement in the EU, Edward Elgar, March 2023

FCO’s Annual Report 2021/2022: The Digital Economy And Antitrust Enforcement In Times of Crisis, February 2023

FCO Prohibits Lufthansa From Terminating Feeder Flights for Condor, November 2022

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