Tilman Kuhn

Tilman’s experience at and before joining Latham includes representing:

Antitrust Investigations and Litigation

• A leading energy company in achieving the first-ever annulment of a court-issued FCO search warrant (for lack of probable cause) in to a multi-year cartel investigation into the cable sector
• Symrise in a global cartel investigation in the fragrance sector, including challenging the legality of EC dawn raids before the General Court
• Autoliv against civil damages claims in connection with cartel investigations by the EC and other authorities into automotive components, including:
  • Full dismissal of a landmark €770 million UK claim by Stellantis
  • An approximately €100 million claim by BMW before the Regional Court of Munich
• A leading manufacturer of plastic packaging in follow-on damage claims in relation to an EC cartel investigation in the retail food packaging sector
• An electronics retailer in:
  • An investigation by the FCO into alleged resale price maintenance practices, resulting in the closing of the investigation without imposition of a fine
  • The EC’s online and resale price maintenance investigations
• Lundbeck before the EC, the General Court, and the Court of Justice of the EU in its appeal against the EC’s fining decision regarding reverse payment settlement agreements
• An oil major on numerous matters, including:
  • FCO fuel refinery and wholesale, as well as fuel retail sector inquiries
  • Antitrust issues arising from its long-term petrol supply contracts at wholesale level, and long-term agreements with petrol station operators
  • Abuse of dominance claims with respect to requested access to geological data relevant to natural gas production
  • Abuse of dominance claims with respect to exclusivities in long-term agreements and pricing
  • Abuse of dominance advice under Section 29 GWB regarding its gas distribution pricing
  • The EC sector inquiry regarding antitrust and German energy law issues arising from its various long-term supply and purchase agreements, including take-or-pay and pricing adjustment clauses
• A refinery operator in the FCO’s refinery pricing investigation launched under newly introduced section 29a GWB

Regulatory Deal Clearance

• SPIE in its:
  • Acquisition of SGS Industrial Services
  • Acquisition of ROFA Industrial Automation
• DECATHLON PULSE in its acquisition of a majority stake in Bikeleasing Group
• L’Oréal in its acquisition of a 10% stake in Galderma Group, a Switzerland-based dermatology company
• Autotalks in its contemplated takeover by Qualcomm (Article 22 EUMR referral case without national filing requirements and related CMA proceedings)
• The Dow Chemical Company in various matters, including its US$130 billion merger of equals with DuPont
• Air France-KLM in merger control aspects of its acquisition of a minority stake and commercial cooperation with SAS
• Airbus (formerly EADS) in merger control and FDI aspects of its joint acquisition with Thyssenkrupp of Atlas Elektronik
• Airbus in its acquisition of a majority stake in Bombardiers C-series program
• Abbott in its acquisition of Solvay’s pharmaceutical and diagnostic business
• Synthos in the US$449 million acquisition of Trinseo’s synthetic rubber business
• About You in its public takeover by Zalando
• GlobalWafers in antitrust/merger control and FDI aspects of its attempted public takeover of Siltronic
• Henkel in the acquisition of ICI’s adhesives and electronics business (National Starch)
• Jenoptik AG in merger control and FDI aspects of the sale of its defense/mechatronics business Vincorion
• Georg Fischer AG in its public takeover of Uponor
• Metso Corporation in the combination of Metso Minerals and Outotec Oyj under the name Metso Outotec
• Prax Group in its acquisition of OIL! Tankstellen GmbH
• Axel Springer before the Düsseldorf Court of Appeal and Federal Court of Justice in challenging the FCO’s merger prohibition in Axel Springer/Pro7Sat1
• Chinese state-owned enterprises on global FDI reviews
• A US company in in-depth FDI proceedings, resolved with a toughly negotiated mitigation agreement, in the area of lawful telecommunications interception for law enforcement agencies