Partner

Kristina Nordlander

Antitrust/Competition
EU Litigation and Appellate
Life Sciences
Technology

knordlander@sidley.com

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Conference — Kristina presented at the European Company Lawyers’ Forum, a 30-year anniversary event held in Brussels on September 26, 2013. ECLA is the umbrella organization for 19 company lawyer associations in Europe and represents common interests of European company lawyers.

Kristina Nordlander — Women’s Competition Network – Mentoring event featuring a special address by **Margrethe Vestager**, Commissioner for Competition, European Commission, Brussels - January 20, 2015

KRISTINA NORDLANDER, co-leader of Sidley’s Antitrust/Competition group, has a thriving EU competition, litigation and regulatory practice representing major companies in a variety of sectors. Kristina is a skilled advocate and has led high-stakes antitrust investigations and regulatory matters before the European Commission as well as precedent-setting litigation before the EU Courts.

Kristina has a record of success in improving market access for her clients’ products and services, with a particular focus on high-tech sectors such as online services and ePayments, pharmaceuticals, chemicals and agribusiness. In addition to antitrust investigations and complaints, Kristina has vast experience using EU law tools such as free movement rules, litigation and infringement procedures to secure market access. She has challenged many product bans or restrictions imposed under various EU regulatory frameworks.

Kristina advises clients on all aspects of EU competition law, including merger control, cartels, abuse of dominance and other anti-competitive behavior. She has extensive experience in EU state aid law, in particular regarding taxation. Kristina also focuses on EU competition law enforcement issues impacting the digital single market, online selling, mobile and electronic payments and other technology. She advises a variety of online marketplaces and platforms on EU competition issues, complaints and investigations. In addition, she was heavily involved in the European Commission’s Directorate-General for Competition (DG Competition) e-commerce sector inquiry and is involved in several investigations and cases against Google.

A seasoned litigator, Kristina has represented clients in numerous high-profile EU Court proceedings regarding alleged antitrust violations, disputed product classifications/restrictions, market access, data protection/transparency and legal privilege issues. Together with Sidley’s Global Arbitration, Trade and Advocacy team, Kristina has helped clients challenge EU regulations and decisions through World Trade Organization (WTO) agreements.

A thought leader on EU law, Kristina teaches, speaks and publishes regularly on trending issues related to European regulation, antitrust policy and dispute resolution.

“Ms. Nordlander is prepared to take unconventional approaches to her cases. While her work often finds her in the highest European courts, she also understands that clients do not always want the dramatic solution.”
FT European Innovative Lawyer Awards 2017

Kristina’s work on behalf of clients has earned her recognition in many industry publications. Most recently, she has been listed in the 2020 edition of Best Lawyers in Belgium. Kristina has been honored with the International Law Office’s Client Choice Award for “Life Sciences ” in 2019 and “Competition & Antitrust (European Union)” in 2018. She has also been ranked as a “Thought Leader” in Europe for Competition by Who’s Who Legal 2019. The Financial Times named Kristina to its exclusive “Top 10 Innovators” list in the FT European Innovative Lawyer Awards 2017. Global Competition Review ranked her among the world’s leading “100 Women in Antitrust” in 2009, 2013 and 2016, and among the top “40 Competition Lawyers Under 40” in 2012. In 2015, Kristina won the LMG Women in Business Law award for “Best in Competition and Antitrust.”

Kristina has been recognized repeatedly by Chambers and Partners in recent years. Examples of client praise include:

[Nordlander is] “able to figure out the right execution of the law and finds an angle to get the point across.” (Chambers Europe 2019, Competition/European Law)
“She is very approachable, business-oriented, understands the needs of her client and is a real team player.” (Chambers Global 2018, Competition/European Law)
[She is] “first-class in every way. Very knowledgeable, experienced and service-oriented.” (Chambers Global 2017, Competition/European Law)
[Kristina is recommended for her] “technical expertise and knowledge of EU institutions and understanding of the political context in which she is working.” (Chambers Europe 2016, Life Sciences)

Experience

Recent matters include representing:

DocMorris N.V., Europe’s largest mail-order pharmacy, and a German patient association, Deutsche Parkinson Vereinigung in a decisive victory before the Court of Justice of the EU concerning cross-border internet sales of prescription medicines. The Sidley team was also engaged on a parallel infringement proceeding by the European Commission against Germany. The landmark case was recognized as a “standout” matter in the Dispute Resolution section of the Financial Times Innovative Lawyers: Europe 2017 report.
eBay and other technology platforms in matters relating to the European Commission’s e-commerce sector inquiry, and in particular, rules restricting the use of online marketplaces.
Bayer CropScience in its appeal before the EU General Court challenging the EU’s restrictions on the use of neonicotinoid substances in plant protection products. The case has generated high media attention and involves a large number of Member State, trade association and NGO interveners.
An interested third party in the European Commission’s competition law investigation into Google’s Android mobile operating system.
The Government of Gibraltar in European Commission state aid investigations and precedent-setting litigation before the EU General Court and Court of Justice concerning Gibraltar’s corporate tax system.
A client in an EU antitrust investigation into alleged cross-border restrictions on the distribution of online digital content.
A third-party intervener in the second-phase EU merger review of a UK mobile payments joint venture.
The European Company Lawyers Association (ECLA) as an intervener in the EU General Court and Court of Justice in the Akzo case regarding legal privilege for in-house counsel.
The global nickel industry before the EU General Court and Court of Justice in a challenge to the European Commission’s classification of all known nickel compounds.
Several of the world’s leading pharmaceutical and medical device companies on market positioning, potential dominance issues and antitrust enforcement risk linked to the launch of new products in Europe.
CropLife America, the American Chemistry Counsel and the National Association of Manufacturers as interveners before the EU General Court and Court of Justice in a high-profile case regarding access to regulatory data under Aarhus rules.
Several clients on the European Commission’s state aid investigation of the Belgian excess profit scheme.
Cosmetics Europe with respect to an intervention in the English courts in a case seeking preliminary reference to the Court of Justice of the EU on issues of interpretation of the EU Cosmetics Regulation animal testing bans.
BASF Grenzach GmbH in precedent-setting litigation against the European Chemicals Agency (ECHA) before the EU General Court. The case raises novel issues of the scope of review by boards of appeal of EU agencies and involves several Member State interveners.

In 2008, Kristina founded the Women’s Competition Network (WCN), the international professional forum for senior competition law and policy professionals. The WCN now connects over 2,000 women holding senior antitrust roles as members and attracts leading business and government speakers for high-level events around the globe.

Kristina’s other memberships and leadership roles include the following:

American Bar Association
Officer of the IBA Antitrust Committee
European Network for Women in Leadership (WIL)
Editorial Board, Competition Law & Policy Debate (CLPD)
Editorial Board, International Chemical Regulatory and Law Review (ICRL)

Kristina Nordlander

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