Riccardo Celli Partner Brussels D: +32-2-642-41-34 [email protected] Riccardo Celli is Chair of O’Melveny’s European Antitrust and Admissions Competition Practice, the Regional Head of Litigation for Europe, and managing partner of the firm’s Brussels office. Riccardo Bar Admissions joined O’Melveny in June 2004 when he founded the Brussels Solicitor, Supreme Court of England office. and Wales (1994) Italy, Avvocato (1986) Riccardo has almost 30 years of experience in counseling clients on all aspects of EU competition law with particular focus on merger control, unilateral conducts, cartel investigations, Education IP/antitrust interface and antitrust compliance. University of Rome (La Sapienza), Riccardo has worked for many of the world’s largest corporations, Law (1983) and has been involved in high-profile cases covering many global industries. For example, Riccardo led the O’Melveny-Brussels team that advised AMD in its Article 102 complaint against Intel, in which the European Commission fined Intel a record €1.06 billion for its anti-competitive practices. O’Melveny’s EU team won the 2010 “Competition Team of the Year” at The Lawyer Awards for its representation of AMD, and Riccardo was a finalist for the “Partner of the Year” award for his leadership during the case. In the area of merger control, Riccardo regularly assists clients with the legal assessment, structuring and clearance of mergers, acquisitions, joint ventures and other significant investments. Riccardo manages and coordinates multiple filings for clients, not only in Europe but worldwide, and interacts with competition authorities in multiple countries for a single transaction, including assisting clients in preparing and negotiating possible commitments with regulators. Most recently, Riccardo successfully represented Honeywell International Inc in its US O’Melveny & Myers LLP 1 $5.1 billion acquisition of the Elster Division of Melrose Industries plc, obtaining merger control clearances in the EU, US, China and a number of other antitrust authorities across the world. He also represented Honeywell International Inc in its acquisition of the Sigma’s laboratory chemicals business, divested by Sigma as part of the EC approval of the Merck/Sigma transaction, securing the EC approval of Honeywell as the suitable buyer and obtaining merger control clearances from various national competition authorities. Riccardo can draw from his wealth of experience by providing strategic advice and assisting clients in successfully navigating antitrust laws. In its recent listing, Chambers Europe reports that clients appreciate Riccardo for his in-depth understanding of their businesses, adding: “He provides valuable advice in terms of legal expertise and adds value to our decision-making process by providing strategic guidance.” Riccardo is recognized as one of the world’s leading lawyers in the field of competition law in many specialized publications, including Chambers Europe, Chambers Global, Legal 500, EMEA, IFLR 1000, Global Competition Review, PLC Which Lawyer?, and International Who’s Who of Competition Lawyers. Prior to O’Melveny, Riccardo’s professional experience includes six years in the Rome office of a major Italian law firm, followed by 15 years with international law firm Norton Rose, where he was managing partner of their Brussels office for eight years. Experience Merger Control • Representing Honeywell International Inc. in obtaining merger control clearance in the EU, US, China and a number of other antitrust authorities around the world of its US $5.1 billion acquisition of the Elster Division of Melrose Industries plc. • Representing Honeywell International Inc. in securing the EC approval of Honeywell as the suitable buyer of the Sigma's laboratory chemicals business, divested by Sigma as part of the EC approval of the Merck/Sigma transaction, and in obtaining merger control clearances from various national competition authorities. • Representing Norsk Hydro ASA in obtaining merger control clearance in the EU for the creation of a JV with Orkla ASA's subsidiary SAPA Holding AB, operating in the soft alloy extrusion market. • Representing Honeywell International Inc. in obtaining merger control clearance in the EU for its acquisition of Intermec, a leading provider of mobile computing and handheld scanning technologies. • Representing Precision Castparts Corp. in obtaining merger control clearance in the EU for its $2.9 billion acquisition of NYSE-listed titanium alloy maker Timet. • Representing Norsk Hydro ASA in obtaining merger control clearances in the EU and US for the merger of its oil and gas activities with Statoil ASA -- a US$30 billion deal creating one of the largest offshore oil and gas operators in the world. • Representing Advanced Micro Devices in its deal with Advanced Technology Investment Co. and Mubadala Development Co. of Abu Dhabi to create Global Foundries. • Representing Norsk Hydro ASA in obtaining unconditional phase II clearance in relation to its US$1 billion sale of Kerling AS to UK-based INEOS, as well as in one of the very few "gun-jumping" investigations ever carried out by the EC. O’Melveny & Myers LLP 2 • Representing Honeywell International Inc. in securing merger control clearances for its US$1.4 billion public takeover of French listed firm Sperian Protection and its earlier US$2.4 billion acquisition of British industrial holding company Novar plc. • Successfully representing Honeywell International Inc. in various other acquisitions, including: Hand Held Products, Metrologic, Maxon Corp., UOP LLC, First Technology plc, Gardiner Groupe Europe, Zellweger Analytics, and RMG Regel + Messtechnik GmbH. • Advising on antitrust issues related to the Government of Singapore Investment Corp. Pte Ltd.'s consortium bid of £10.3 billion/US$18.5 billion for BAA Plc, the world's largest airport operator. Cartels • Obtaining the acquittal of Firma Léon van Parys, the European importer of "Bonita" bananas, of all charges in the EC banana cartel investigation in the Northern European markets following dawn raids in 2005 and extensive follow-up inquiries prior to the issuance of formal charges in mid 2007. • Representing a client in the GFU price fixing and market sharing case where the Commission closed the investigation against our client without imposing sanctions, while negotiating settlement with several other companies involved in the investigation. • Representing a client in the industrial gases price fixing and market sharing case, in which the Commission closed the investigation against our client without imposing sanctions, while proceeding to impose fines against other companies involved. • Representing a client in the PVC II price fixing case, in which the Commission closed the investigation without imposing any sanctions. • Representing a client in the UK freight surcharges (ferries) price fixing matter, in which the Commission closed the investigation without imposing sanctions. Abuse of Dominance • Representing Advanced Micro Devices in its Article 102 complaint against Intel, in which the European Commission recently fined Intel a record €1.06 billion (US$1.44 billion) for its anti- competitive practices. This is the largest ever fine imposed by an antitrust regulator. • Representing Honeywell International Inc. in the successful defense of a complaint relating to alleged abuses of a dominant position. Energy Sector Experience • In addition to the Statoil/Norsk Hydro merger listed above, Riccardo has been involved in a number of other energy sector cases, which is an area he knows well. Examples of energy experience include the advice in the Commission's current cartel investigation relating to the Platt's oil index, advice of JVs set up to build an LNG facility including the off-take solutions in Europe, contracts for LNG terminal services in Europe, the establishment and sale of power generators, long-term natural gas supply arrangements, and the Commission's investigation into an alleged cartel for the sale of upstream Norwegian gas. He has also advised on a number of merger cases in the energy sector, including EU merger filings for Norsk Hydro/Wingas and ENI/Fortum Norway. Professional Activities Member • Law Society of England and Wales O’Melveny & Myers LLP 3 • Brussels Bar • American Bar Association • International Bar Association • European Lawyers’ Union (UAE) Recent Publications • “EC Merger Control,” ongoing contributor to chapter for Corporate Acquisitions and Mergers, published by Wolters Kluwer Law and Business • “The new UK regulatory regime: How will the reforms affect the international business world?” Competition Law Insight (May 2012) • “UK’s Office of Fair Trading and Competition Commission to be merged to form the Competition and Markets Authority,” O'Melveny Client Alert (March 2012) • “Abuse of Dominance: An overview of recent modernisation developments in Europe,” Competition Law Insight (11 January 2011) • “Developments in International Cartel Enforcement and Leniency Agreements: 2008 to 2009,” Antitrust Review of the Americas 2010, published by Global Competition Review (2009) • “Towards a European Energy Community?” European Antitrust Review 2010, published by Global Competition Review (2009) • “A New Energy Era in the European Union,” European Antitrust Review 2009, published by Global Competition Review (2008) • “EU Energy,” GCR European Antitrust Review (2007-08) • “Multi-jurisdictional Merger Control,” PLC Cross-Border Competition Handbook (2004-07) • “Strengthened Cartel Enforcement