Thomas Graf

Since joining Kirkland, Thomas has been involved in the following representative matters:

• Google in its compliance with the Digital Markets Act, including in specification proceedings for the sharing of search data and two infringement proceedings related to alleged self-preferencing of Google Search and the operation of the Google Play app store.
• Zoetis in an investigation of the European Commission related to the discontinuation of a pipeline product.

Prior to joining Kirkland, Thomas was involved in the following representative matters:

• Google in multiple abuse of dominance cases before the European Commission, the European Courts and national competition authorities and courts, including Google Shopping, Android, Android Auto and Streetmap.
• 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 relating to alleged refusal to license and tying and against a complaint relating to alleged exclusionary pricing.
• An online fashion platform on vertical restraints in online distribution.
• Several operators in the semiconductor industry with regard to exclusionary pricing matters and IP licensing arrangements.
• 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.
• MSD UK in its successful defense against an investigation by the UK competition authority relating to allegations of exclusionary pricing practices for Remicade.
• SONY in the merger control proceedings related to its acquisition of EMI Music Publishing; 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 a European Commission procurement decision relating to a major network infrastructure project.

Partner, Cleary Gottlieb Steen & Hamilton LLP, 2000–2026

Associate, Wenger Plattner, 1999