Kai Struckmann

Energy & State aid

• Continuous representation of an EU Member State in a State aid investigation into long-term power purchase agreements concluded with foreign investors.*
• Continuous State aid advice to a number of energy companies on energy transition and other investment projects.*

FSR

• Strategic advice to multinationals on data collection and reporting for the purpose of FSR compliance as well as assistance with the assessment of public contributions and tax advantages in the context of a number of specific transactions.*

Antitrust & Competition

Energy & Competition

• Representing a vertically integrated Energy conglomerate in two antitrust investigations regarding gas and electricity contracts, including subsequent successful EU litigation.*

Cartel Proceedings

• Representation of numerous major corporations in dawn raids and/or subsequent cartel investigations by the EC and respective appeal proceedings before the EU courts.*

Settlement Negotiations

• Representation of an industrial group in a European Commission cartel investigation resulting in the Commission's second settlement of a cartel case and the first hybrid case, where both the settlement and ordinary procedures were followed.*

Energy Specific Rules & Procedures

Energy Regulation

• Representing two German Transmission System Operators (TSOs) in an appeal before the ACER Board of Appeals regarding a decision for the regional design of the day-ahead and intraday common capacity calculation methodologies (CCM).*

Energy & Interconnection

• Advising clients on competition and EU energy regulatory related aspects regarding a number of electricity interconnection as well as gas pipeline projects.*

EU Litigation

• Defending a state-owned Energy conglomerate in two antitrust proceedings in relation to gas and electricity contracts, including subsequent successful litigation challenging the EC fining decision leading to the annulment of the fine.*
• Representing a computer manufacturer in the challenge of the procurement decision by an EU Joint undertaking involving inter alia the interpretation of the criterion “EU added value”.*
• Acting for a leading social networking service in two high-profile preliminary reference procedures concerning matters of jurisdiction, consumer protection and personal rights vs free speech.*
• Representing an energy corporation in the challenge of two EC State aid and merger approval decisions in favour of a nuclear technology group.*
• Acting for the successful claimant of an ICSID arbitration in a landmark case before the EU courts seeking the annulment of an EC Decision in which the implementation of the award was considered to constitute incompatible State aid.*

* experience gained prior to joining Mayer Brown