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Francesco Carloni

Counsel
+32.(0)2.336.1908
Fax +32.(0)2.336.1901
+39.02.3030.291
Fax +39.02.3030.2933

Francesco Carloni is a counsel in the firm’s Brussels and Milan offices where he is a member of the antitrust, competition & trade regulation practice group.

As a European and Italian competition law practitioner, Francesco’s experience primarily lies in the field of merger control, abuse of dominant position, restrictive practices and agreements, EU sector inquiries and state aid. He offers compliance training and develops customised compliance programs adapted to clients' specific risk profiles. His experience has involved advising leading corporations in a variety of sectors including IT, digital maps, telecommunications, pharmaceutical, fashion, energy, aviation, chemicals, liner shipping, food, dairy and automotive industries. A New York and Italian-qualified lawyer, Francesco graduated from the University of Rome “La Sapienza” and received two LLMs from the College of Europe, Bruges, and Georgetown University Law Center, where he was a Fulbright scholar. He is also the author of several articles on antitrust law and often participates as a speaker at conferences and seminars on European and Italian competition law.

Mr. Carloni is ranked by Chambers and Partners Global in European and Italian Competition Law in Belgium as a "foreign expert" (2016). Mr. Carloni they say: “Clients value that he is “not only very good from a technical point of view, but has a good network of contacts, which is important to convey advocacy initiatives.”

Professional Background

Prior to joining the firm, Mr. Carloni was a senior associate at an international law firm in Brussels. In addition, he was an associate for several years at an international law firm in Brussels, and an associate at an Italian law firm. In 2004, he was also an intern for the World Trade Organization in the Council Division & Trade Negotiations Committee, and, in 2003, he was an intern for the Italian Ministry of Foreign Affairs.

Professional/Civic Activities

  • Co-founder, antitrustitalia, a Brussels-based association for antitrust professionals, including enforcement officers, lawyers, economists, corporate counsel and scholars; for more information see www.antitrustitalia.it  
  • Member, Georgetown European Law Alumni Advisory Board
  • Member of the Italian Initiative Group (GII), the most representative fellowship of Italian interests in Brussels, including major industrial groups, banks and international companies, and public institutions and private business associations

Speaking Engagements

  • Chaired and presented the antitrust seminar on Enterprise, innovation and competition rules: how to switch to a 2.0 dimension at the Residency of the Italian Ambassador in Brussels (4 November 2015)
  • Presentation on the European Commission’s e-commerce sector inquiry, 2nd competition breakfast meeting, K&L Gates, Milan (29 September 2015)
  • Presentation on antitrust compliance, 1st competition breakfast meeting, K&L Gates, Milan (23 June 2015)
  • Presentation on gun-jumping, In-house Competition Lawyer Association and antitrustitalia, Barclays, Milan (9 May 2014)
  • Presentation on antitrust sanctions, Business International, Rome (25 October 2013)
  • Presentation on key antitrust trends, Banca Intesa Sanpaolo Antitrust Workshop, Milan (18 October 2013)
  • Lecturer, College of Europe, Bruges, EU Advanced Competition Law (2-19 July 2012)
Merger Control
  • representing LKQ in its acquisition of Rhiag, a leading pan-European business-to-business distributor of car parts, before the European Commission. The enterprise value is $1.1 bn (2015-2016)
    represented Riverside and the founders of HRA Pharma, a leading pharmaceutical company in the areas of women’s health and endocrinology, in its acquisition by Goldman Sachs and Astorg before the European Commission and a number of non-EU competition authorities (2015-2016)
  • represented Groupe Artémis (holding company of Pinault family) in its $440 million acquisition of luxury cruise-ship operator Ponant from buyout firm Bridgepoint involving multi-jurisdictional filings (2015)
  • represented a leading natural gas storage company in its proposed acquisition of a 50% stake in a JV active in the underground storage of natural gas (2015)
  • lead associate assisting in representation of Syniverse’s $300 million acquisition of Aicent involving multi-jurisdictional filings (telecommunication services to MNOs) (e.g. Austria, Taiwan, Ukraine) (2014)
  • lead associate assisting in representation of Sun’s $4 bn acquisition of Ranbaxy involving multi-jurisdictional filings (pharmaceuticals) (e.g. Poland, Russia, South Africa, Ukraine) (2014)
  • represented Dover PSG, an operating company within Dover Corporation, a diversified global manufacturer with annual revenues of more than $8 billion, before the South Korean competition authority in its acquisition of Finder Group (pumps) (2013)
  • represented Bellco/Montezemolo and partners private equity funds (Charme) as third-party intervener in EU proceedings and assisted Bellco in its proposed acquisition of certain divested asset (medical equipment) (2013)
  • lead associate assisting in representation of Syniverse Inc. before the European Commission and acted as lead associate in representation before non-EU competition authorities (e.g., Argentina; Brazil; Colombia; Jersey; Taiwan; Ukraine) in connection with Syniverse’s €550 million acquisition of MACH.  Drafted Form RS, Form CO; worked closely with economists; engaged in remedies discussions with the Commission and prepared Form RM and Commitment schedules (Phase II clearance with remedies) (roaming services to MNOs) (2012-2013)
  • assisted the M&A department in the representation of GE in its acquisition of the aviation business of Avio S.p.A., an Italy-based manufacturer of aviation propulsion components and systems for civil and military aircraft, for $4.3 billion (2012)
  • Lactalis / Parmalat:  lead associate assisting in representation of Parmalat before the European Commission in connection with Lactalis’ takeover bid worth €3.4 billion on 100% of Parmalat’s share capital. (Phase I clearance without conditions) (NB: the merger created one of the largest dairy group) (2011)
  • assisted in representation of Arch Chemicals before French and German competition authorities in connection with Lonza's US$1.4 billion acquisition of all outstanding shares of Arch (NB:  the merger created one of the world's largest microbial control companies (biocides)) (2011)
  • lead associate in representation of Nestlé in its $39 billion disposal of its majority interest in Alcon, a leading eye care company, to Novartis.  Drafted Form CO; engaged in remedies discussions with the Commission and prepared Form RM and Commitment schedules (Phase I clearance with remedies) (pharmaceuticals) (2010)
  • assisted in representation of Schering-Plough Corporation in Merck’s $41 billion merger with Schering-Plough Corporation.  Drafted Form CO (Phase I clearance without remedies) (pharmaceuticals) (2009)
  • assisted in representation of NAVTEQ, a digital map provider, in Nokia’s $8.1 billion acquisition of NAVTEQ. One of the first vertical mergers being assessed under the Commission’s non-horizontal merger guidelines (Phase II clearance without remedies) (digital maps) (2007-2008)
National
  • represented Barclays PLC and private equity firm Equistone before the Italian Antitrust Authority in connection with several acquisitions (Phase I clearance (basic industries; services)) (2011-2012)
  • represented Caterpillar before the Italian Competition Authority in its acquisition of JCS (Phase I clearance) (seal components) (2009)
  • assisted in the representation of ABN-AMRO before the Italian Competition Authority in its acquisition of Remy Cointreau Group (Phase I clearance) (spirits) (2006)
  • assisted in the representation of RGZ Finanziaria in its disposal of its majority interest in Vagnone-Boeri, a specialty chemicals, to Huntsman Advanced Materials (chemicals) (2006)
E-commerce Sector Inquiry
  • Representing Camera Nazionale della Moda Italiana (the National Chamber for Italian Fashion) in the European Commission’s e-commerce sector inquiry (2016-2017)
  • Representing OTB, the parent company of fashion brands such as Diesel, Maison Margiela, Marni, Viktor & Rolf, and companies like Staff International, in the European Commission’s e-commerce sector inquiry (2016)
Behavioral
  • assisted in representation of Microsoft's defense against the Statement of Objections and subsequent Letter of Facts in Commission’s 102 TFEU investigation in relation to alleged tying of Internet Explorer with Microsoft's Windows Operating System.  Drafted sections of response to the Statement of Objections and Letter of Facts; prepared of letters to the Hearing Officer (e.g., request for time extension, access to file, lifting of confidentiality (case settled in December 2009)) (high-tech)
  • assisted in representation of Qualcomm in the Commission’s current investigation into a complaint lodged by Icera alleging abuse of a dominant position.  Assess case file; drafted legal memoranda
  • assisted in representation of major international liner shipping company in European Commission investigation into container shipping transport services concerning alleged anti-competitive price signaling behavior (2014)
  • assisted in representation, access to file and response to Statement of Objections (2010)
  • assisted in representation, access to file and response to Statement of Objections, document review (2009)
  • assisted in representation, access to file and Statement of Objections document review (2008)
Pharmaceutical Sector Inquiry
  • assisted in representation of Schering-Plough Corporation in complex sector inquiry seeking to examine the workings of competition in the European Commission’s pharmaceutical sector (NB:  seconded to Schering-Plough Corporation's headquarters to prepare response to Commission's first questionnaire) (2008-2009)
State Aid
  • assisted in representation of Navigazione Libera del Golfo S.p.A. against the Italian State's illegal measures granting unjustified berthing priority and lump-sum payment to Caremar in the Gulf of Naples in its alleged capacity as the directly appointed operator of public service obligations (2009)
Counseling and compliance
  • assisted in the representation of Citigroup in the Banamex investigation in Mexico (seconded in Mexico city for three weeks (June 2014)).  Citigroup is undertaking a complex internal investigation in connection with $400 million fraudulent loans at Banamex (the second largest bank in Mexico and a subsidiary of Citigroup).  Conducted interviews of certain employees and prepare an analysis of findings (2014)
  • advised Banca Intesa Sanpaolo, Allianz in connection with the implementation of the prohibition of interlocking directorships in Italy (2012)
  • advising Banca Intesa Sanpaolo in connection with antitrust compliance, reportability and merger control aspects of potential acquisitions.
  • advising Diesel in connection with distribution policy and antitrust compliance.
Miscellaneous
  • prepared and submitted Shearman's response to the European Commission’s public consultation on non-controlling minority shareholding (2014)
  • prepared and submitted Shearman's response to the Italian Competition Authority in connection with the proposed legislative change to the Italian merger control thresholds (2014)
  • part of the Howrey team commenting on the "Best practices in antitrust proceedings and submission of economic evidence; Hearing Officers' guidance paper" (2010)