Stephan Barthelmess is a partner based in the Brussels and Frankfurt offices.
Mr. Barthelmess' practice focuses on German and European competition law, including administrative and civil litigation. He has published various articles primarily in the field of antitrust law. He is a co-publisher and author (of the merger control section) of the book "German Takeover Law – A Commentary" (2002) and coauthor of the Loewenheim commentary on European and German antitrust law (2008).
Recent matters handled by Mr. Barthelmess include the representation of EMC in merger control proceedings before the German Federal Cartel Office concerning the acquisition of a large patent portfolio of Novell by CPTN, a consortium of EMC, Microsoft, Apple and Oracle; of MediaSaturn Holding in the EU proceedings against Intel for abuse of a dominant position, ArcelorMittal with respect to the restructuring of Dillinger Hütte Saarstahl; of US chemicals company DuPont on its successful appeal before the Düsseldorf Higher Regional Court and the German Federal Court against the German Federal Cartel Office’s decision prohibiting the acquisition of the German company Pedex; of The Coca-Cola Company with respect to antitrust aspects of the acquisition of the Apollinaris mineral water business; and of Electricité de France in a swap of exclusive electricity generation assets in Germany and France with E.ON and EDF’s formerly jointly controlled affiliate EnBW, the third largest German electricity company.
Litigation matters recently handled by Mr. Barthelmess include the representation of IMAX Corporation in various proceedings involving antitrust aspects against several operators of IMAX movie theaters in Germany; of KM Europa Metal AG in service of process proceedings before the Lower Saxony Justice Department, the Higher Regional Court in Celle and its constitutional complaint against the service of US class action complaints involving antitrust aspects; and of The Coca-Cola Company in interim measures proceedings brought by a major competitor.
Mr. Barthelmess joined the firm in 1986 and became a partner in 1995. He has been resident in the New York, Brussels, Paris and Frankfurt offices. Mr. Barthelmess received an LL.M. degree from the University of Michigan Law School in 1986 and obtained a doctorate in law (Dr. jur.) from the University of Erlangen-Nuremberg Law School in Germany in 1987. He also obtained a prediploma from the University of Erlangen-Nuremberg Business School in 1983. He passed his second state examination in the State of Bavaria in 1985 and the first state examination at the University of Erlangen-Nuremberg in 1982.
Mr. Barthelmess is a member of the Bars in Frankfurt am Main, New York and Brussels. He was a member of the Bar in Paris from 1992 to 1993. His native language is German, and he is fluent in English and French.