Thomas Graf is a partner based in the Brussels office of Cleary Gottlieb.
Mr. Graf’s practice focuses on EU competition law, regulatory affairs, and intellectual property law. His experience includes work in a number of industries, including, IT, pharmaceuticals, media, sports rights, energy, and engineering.
Mr. Graf has represented clients in many landmark cases before the European Commission, national competition authorities, and the European Courts. Some highlights include, advising:
- RealNetworks in its successful intervention in the European Commission’s Microsoft investigation and follow-on litigation before the General Court
- IBM in its successful defense against complaints brought by mainframe emulator companies PSI, T3 Technologies, and TurboHercules relating to alleged refusal to license and tying and against a complaint brought by Neon Enterprise relating to alleged exclusionary pricing
- Merck & Co, Inc. in its notification of its merger with Schering-Plough before the European Commission; the European Commission’s pharmaceutical sector inquiry; and preliminary ruling proceedings before the European Court of Justice regarding the interpretation of Directive 89/105/EEC
- SONY and SONY BMG in the successful appeal proceedings before the European Court of Justice confirming the validity of the formation of the SONY BMG recorded music joint venture; and SONY BMG in the successful rejection of complaints brought before the Commission with regard to sale of online music through Apple's iTunes platform
- The International Olympic Committee in the Commission’s sector inquiry into the licensing of sports rights for 3G mobile phones
- Danske Statsbaner (DSB), the national Danish railway company, in successful trademark litigation before the European General Court and the European Court of Justice
- Caterpillar in its successful defense of its spare parts distribution system against complaints by Haladjian before the European General Court
- Equant in its successful appeal to the European General Court against an European Commission procurement decision relating to a major network infrastructure project
Mr. Graf has written and spoken widely on a broad array of European competition law issues. He is also the editor of the Kluwer Competition Law Blog
and a member of the Editorial Advisory Board of Kluwer Competition Law
In 2012, Global Competition Review
's "40 Under 40" survey named Mr. Graf among the most talented competition lawyers under 40 years old. He is also distinguished by Chambers Europe
as a leading TMT lawyer.
Mr. Graf joined the firm in 2000 and became a partner in 2009. He received an LL.M. degree (excellent) from the College of Europe, Bruges, in 2000 and a lic. iur. degree (summa cum laude
) from the University of Basel in 1995.
Mr. Graf is admitted to the Bar in Switzerland and is a member of the EU-list of the Brussels Bar. His native languages are German and Spanish. He is fluent in English and French.