Bo Vesterdorf is senior consultant in Plesner's EU and Competition Law team.
Bo Vesterdorf, Dr.iur.h.c., Commander 1st Class, served as a judge of the General Court of the Court of Justice of the European Union for a period of 18 years - the last 10 as President. Bo served as a judge from the establishment of the General Court in 1989 and has thus been instrumental in influencing the development of EU competition law and EU law in general.
Legal opinions and expert testimonies
Bo Vesterdorf has issued legal opinions and expert testimonies in a number of international and national cases relating to both EU competition law and EU law in general, including:
Bo Vesterdorf has served as judge in mock trials in a number of cases as preparation for oral hearings before the Court of Justice, the General Court and national courts.
An EU judge's perspective
Bo Vesterdorf has assisted clients and their external counsels in a number of cases with an EU judge's perspective on, inter alia, the likely outcome of cases, the assessment of evidence and legal arguments and procedural issues. This includes:
Bo Vesterdorf was involved in several cases concerning state aid, public procurement, actions for damages, trademarks, EU registrations of chemicals and pharmaceuticals, and EU administrative law in general.
Bo Vesterdorf was involved in a number of important cartel cases, including Welded Steel Mesh, Soda-ash and Dutch building and construction, which confirmed and elaborated on many of the fundamental principles of EU cartel law.
Bo Vesterdorf acted as Advocate General on the first cartel case to be brought before the General Court, Polypropylene. His Opinion, which for the most part was followed by the General Court and on appeal by the Court of Justice, established a number of important principles, which have been confirmed in numerous subsequent decisions and judgments, including regarding economic evidence, burden and standard of proof, the probative value of different types of evidence, the defendants' rights of access to file, the notion of concerted practices, and presumptions concerning passive participation in meetings and exchange of information.
Bo Vesterdorf acted as Reporting Judge in Cartonboard, where the General Court indirectly increased the level of the fine.
Bo Vesterdorf was a judge in some of the most important abuse cases decided by the General Court, including Hilti (as Reporting Judge) concerning dominance on secondary markets and tying; British Airways concerning rebate schemes; and Tiercé Ladbroke, Magill and Microsoft regarding refusal to supply and the interaction between competition law and IP law
Bo Vesterdorf was a judge in a number of important merger cases appealed to the General Court, including Gencor and Airtours, which clarified the conditions for collective dominance; Tetra Laval concerning market definition and conglomerate and vertical mergers; and Schneider/Legrand concerning the consequences of procedural infringements.
Bo Vesterdorf was a judge in a number of important cases regarding vertical agreements, including Viho concerning the notion of an undertaking; Parker Pen concerning export prohibitions, effect on trade and requirements for establishing intent; and Kruidvat and Leclerc concerning selective distribution systems and distribution of luxury products.
Bo Vesterdorf was a judge in a number of important cases involving procedural issues, including Microsoft regarding interim measures; API regarding rights of access to file; and Mannesmannröhren-Werke regarding the right of defence, privilege against self-incrimination and the rights and duties of parties when answering requests for information.