Thomas Graf’s practice focuses on EU competition law, regulatory affairs, and intellectual property law.

His experience includes work in a number of industries, including, IT, pharmaceuticals, media, sports rights, energy and engineering. He has represented clients in many landmark cases before the European Commission, national competition authorities and the European courts.

Thomas joined the firm in 2000 and became a partner in 2009.

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Notable Experience

  • Google in three investigations before the EU Commission (Shopping; Android and AdSense), and related litigation. The investigations are considered to be the most prominent case of the decade. Thomas also leads the appeal against the Shopping case.

  • RealNetworks in its successful intervention in the European Commission’s Microsoft investigation and follow-on litigation before the General Court.

  • IBM in its successful defense against complaints brought by mainframe emulator companies PSI, T3 Technologies, and TurboHercules relating to alleged refusal to license and tying and against a complaint brought by Neon Enterprise relating to alleged exclusionary pricing.

  • Merck & Co, Inc. in its notification of its merger with Schering-Plough before the European Commission; the European Commission’s pharmaceutical sector inquiry; and preliminary ruling proceedings before the European Court of Justice regarding the interpretation of Directive 89/105/EEC.

  • MSD UK in an investigation of the UK competition authority relating to allegations of exclusionary pricing practices.

  • SONY in the merger control proceedings related to its acquisition of EMI Music Publishing; SONY and SONY BMG in the successful appeal proceedings before the European Court of Justice confirming the validity of the formation of the SONY BMG recorded music joint venture; and SONY BMG in the successful rejection of complaints brought before the Commission with regard to sale of online music through Apple’s iTunes platform.

  • The International Olympic Committee in the Commission’s sector inquiry into the licensing of sports rights for 3G mobile phones.

  • Danske Statsbaner (DSB), the national Danish railway company, in successful trademark litigation before the European General Court and the European Court of Justice.

  • Caterpillar in its successful defense of its spare parts distribution system against complaints by Haladjian before the European General Court.

  • Equant in its successful appeal to the European General Court against an European Commission procurement decision relating to a major network infrastructure project.

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SELECTED ACTIVITIES

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  • Member, Editorial Advisory Board, Kluwer Competition Law

Publications

The Dominance and Monopolies Review – 11th Edition

”EC Designates the First Set of Gatekeepers Under the Digital Markets Act,” Cleary Antitrust Watch blog, September 6, 2023

“European Commission asserts merger control jurisdiction over non-reportable deals for first time after Illumina/Grail,” Cleary Antitrust Watch blog, August 22, 2023

“The European Commission Proposes a New Regulation on Standard Essential Patents and FRAND Licensing,” Cleary Antitrust Watch blog, June 7, 2023.

The UK Supreme Court Holds That an English Court Can Enjoin Infringement of a UK SEP Where the Infringer Is Willing to Take a UK License, but Refuses to Take a Worldwide Licence on FRAND Terms (Huawei / Unwired Planet)

The Dominance and Monopolies Review – 10th Edition

“European Commission Seeks Comments on Draft Revised Distribution Rules,” Cleary Gottlieb Alert Memo, July 22, 2021.

“European Union,” The Dominance and Monopolies Review – Edition 9, 2021.

“European Union - Access to Online Platforms and Competition Law,” Global Competition Review, October 12, 2020.

“Analysis of the UK Supreme Court’s Decision in Unwired Planet v Huawei,” Cleary Gottlieb Alert Memo, October 1, 2020.

Introduction in Antimonopoly & Unilateral Conduct 2017, Global Competition Review, July 28, 2020.

“‘Exploitative’ Abuse of Dominance and ‘Price Gouging’ in Times of Crisis,” Cleary Gottlieb Alert Memo, March 31, 2020; republished by Concurrences, April 30, 2020.

“European Union,” The Dominance and Monopolies Review – Edition 7, 2019.

“EU Competition Law & Intellectual Property,” (Editor) EU Competition Law VII, November 2019.

“Access to Online Platforms and Competition Law,” E-Commerce Competition Enforcement Guide, January 2019.

“Implications of the CJEU’s Coty judgment for vertical online restrictions,” (Co-Author) Competition Law & Policy Debate, June 2018.

“European Union,” The Dominance and Monopolies Review – Edition 6, 2018.

“European Union,” Antimonopoly & Unilateral Conduct 2017, which is published by Global Competition Review.

“Implications of the CJEU’s Coty Judgement for Vertical Online Restrictions,” Competition Law & Policy Debate, June 1, 2018.

“Online Sales of Luxury Goods in Selective Distribution Networks – Coty Judgment,” Cleary Gottlieb Alert Memo, January 8, 2018.

“The EU Court of Justice Modernizes Abuse Of Dominance (Intel),” by François-Charles Laprévote, Maurits Dolmans & Thomas Graf, e-Competitions, Issue: October 2017-II, Date: October 26, 2017, pp. 1-10.

“The European Union” by Thomas Graf and Henry Mostyn, The Dominance and Monopolies Review, Law Business Research, p. 108-126 (Chapter 8), August 2017. 

“The EU Commission fines a company for providing incorrect or misleading information during its investigation on a merger (Facebook / WhatsApp)”, by François-Charles Laprévote, Maurits Dolmans, Thomas Graf, Nicholas Levy, Francisco Enrique González-Díaz and Christopher Cook, e-Competitions, No. 84276, June 2017, pp. 1-4.

“The European Union” by Thomas Graf and Henry Mostyn, The Dominance and Monopolies Review, Law Business Research, p. 97-116 (Chapter 7), June 2014.

“Tying and Bundling” and “Remedies”, by Thomas Graf and David Little, EC Competition Law Series, Volume V: Abuse of Dominance Under Article 102 TFEU, Claeys & Casteels, September 2013.

“The Google Commitments – Testing Substantive Theories Through Remedy Discussion”, edited by Thomas Graf, Kluwer competition law blog, Kluwer, July 2013.

“The European Union,” by Thomas Graf and Henry Mostyn, The Dominance and Monopolies Review, Law Business Research, June 2013.

Events