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Rato, Miguel

Miguel Rato

Partner

miguelrato@quinnemanuel.com
Direct Tel: +32 2 416 5004
Brussels
Fax: +32 2 416 5100

Miguel Rato is a partner in the firm’s Brussels office where his practice focuses on EU competition law.  He advises clients on a wide array of contentious and non-contentious EU competition law issues, with a particular focus on complex unilateral conduct matters, transactions, and IP licensing in high-tech industries.  His experience also encompasses EU merger control and State aid investigations.

Miguel has been involved in some of the leading competition cases in high-tech industries and at the intersection of IP and competition law, including the European Commission’s five-year Article 102 investigation into Qualcomm (which garnered the Legal Business award for Competition Team of the Year 2010), the European Commission’s investigation of Microsoft’s conduct regarding the Internet Explorer browser, and the European Commission’s investigation of Samsung’s conduct in relation to standard-essential patents.

From May 2004 to November 2005, Miguel worked as a Référendaire (Clerk) at the General Court of the European Union (EGC) in Luxembourg. 

Miguel is a lecturer on EU competition law and intellectual property at the Brussels School of Competition in Brussels. He has been recognized by peer review rankings such as Chambers & Partners, Legal 500 and Who’s Who Legal, who has ranked him as a Thought Leader – Competition 2018 and a Competition Future Leader – Partners.

  • Qualcomm
  • Samsung Electronics
  • Microsoft
  • Nokia
  • Samsung Electronics (Standard-essential Patents). Representing Samsung Electronics in connection with the European Commission’s formal investigation of conduct relating to the enforcement by Samsung of standards-essential patents against Apple (2012-2014).
  • Google Complaint against Nokia and Microsoft. Representing Nokia in connection with a complaint to the European Commission brought by Google against Nokia and Microsoft regarding a patent transaction (2012-present).
  • Icera Complaint against Qualcomm. Representing Qualcomm in connection with a complaint to the European Commission brought by chip supplier Icera (2010-present).
  • Google/Motorola Mobility. Representing a confidential third-party in merger proceedings before the European Commission regarding Google’s acquisition of Motorola Mobility (2011-2012).
  • EC Complaints against Qualcomm. Successfully represented Qualcomm, one of the world’s leading developers of wireless communication technology, in connection with the European Commission’s formal investigation regarding complaints lodged by Nokia, Ericsson, NEC, Panasonic, Texas instruments, and Broadcom (2005-2009).
  • Microsoft (Internet Explorer). Assisted in the representation of Microsoft in connection with the European Commission’s investigation of the alleged tying of Microsoft’s Internet Explorer to the Windows Operating System. Successfully defended Microsoft against the Statement of Objections, after which Microsoft concluded a settlement that brought the long-standing hostilities that unfortunately marked its relationship with the European Commission to an end (2009).
  • College of Europe, Bruges, Belgium
    (LL.M., European Community Law, 2001)
  • Catholic University of Lisbon
    (Post-Graduate Diploma in Public Law, 2000)
  • University of Lisbon
    (Law, 1998)
Portugal; Avocat établi à Bruxelles
  • Portuguese
  • English
  • French
  • Spanish
  • Italian
  • German
  • Shearman & Sterling:
    • Partner, 2011-2016
  • Howrey:
    • Partner, 2011
    • Senior Associate, 2002-2010

Publications:

  • Global Competition Review: IP & Antitrust European Union (2015).“Huawei: Establishing the legal standard for a FRAND defense as a basis for resisting requests for injunctive relief for infringements of SEPs under competition law.” in Competition Policy International (October 2015).
  • “An assessment of injunctions, patents and standards following the Court of Justice’s Huawei/ZTE ruling”, in JECLAP (October 2015).
  • “The Court of Justice’s preliminary ruling in Huawei v ZTE: The final word?”, in e-Concurrences (July 2015).
  • “IP and Antitrust: Recent Developments in EU Law.” In Cugia di Sant’Orsola, Noormohamed, Guimarães (eds.): “Communications and Competition Law.” IBA (2015).
  • “Abuse of Dominance in Technology-Enabled Markets: Established Standards Reconsidered.” European Competition Journal 9, No. 1 (May 2013). Co-authored with Nicolas Petit.
  • “FRAND Commitments and EC Competition Law: A Reply to Philippe Chappatte.” European Competition Journal 6, No. 1 (April 2010). Coauthored with Damien Geradin.
  • “From Hard to Soft Enforcement of EC Competition Law – A Bestiary of ‘Sunshine’ Enforcement Instruments,” in: Gheur, Ch. & Petit, N. (eds.): “Alternative Enforcement Techniques in EC Competition Law: Settlements, commitments and other novel instruments,” Brussels, (2009). Co-authored with Nicolas Petit.
  • “The Commission’s Non-Contractual Liability in the Field of Merger Control – Don’t use a Hammer when You Need a Screwdriver.” eCCP (June 2007). Co-authored with Nicolas Petit.
  • “Can Standard Setting Lead to Exploitative Abuse?” European Competition Journal 3, No. 1 (June 2007). Co-authored with Damien Geradin.
  • “Excessive Pricing: In Reply.” Competition Law Insight (October 10, 2006). Co-authored with Damien Geradin.
  • “EC Resorts to Competition Law to Create Single Energy Market.” Competition Law 360 (August 23, 2006). Co-authored with Damien Geradin.

Speaking Engagements:

  • “IP and EU competition law”, Kluwer 2nd Annual Global Competition Law Forum (Shanghai, 21 July 2016).
  • “FRAND-related issues – Where do we stand?” and co-chair of the GCR Live 4 Annual IP & Antitrust conference with Trevor Soames (Brussels, 2 June 2016).
  • “Trends in Antitrust and IP law”, LCII conference Regulation Patent Regulating Patent “Hold-Up”? An Assessment In Light of Recent Academic, Policy and Legal Evolutions (Brussels, 29 February 2016).
  • “Competition law and intellectual property”, The Chillin’ Competition conference (Brussels, 19 November 2015).
  • “SEPs & FRAND after the ECJ Huawei/ZTE ruling”, Concurrences (Brussels, 30 September 2015).
  • “Huawei v ZTE”, LCII Morning Briefing (Brussels, 4 September 2015).
  • “IP and competition law in the IT sector”, IBC Legal Competition law challenges in Asia (London, 14 July 2015).
  • Global Competition Law Forum, Kluwer Law (Beijing, 9 July 2015).
  • “What is FRAND?”, Concurrences (Brussels, 30 June 2015).
  • GCR 3 Annual IP & Antitrust, Chair of conference together with Trevor Soames (Brussels, 4 June 2015).
  • “EU competition law and IP: Recent developments”, Global Competition Law Forum, Kluwer Law (Tokyo, 21 May 2015).
  • “Real world licensing of IP”, GCR Live IP & Antitrust Asia Pacific Industry panel (Seoul, 19 May 2015).
  • GCR Live 2nd Annual IP & Antitrust USA, Chair of conference together with Trevor Soames (Washington DC, 17 April 2015).
  • “Competition Law & Patents – The Issues and a Consideration of the Solutions.” IBC (London, 2 December 2014).
  • “The Samsung and Motorola Cases regarding Standard Essential Patents.” Brussels Technology Days (Brussels, 15 October 2014).
  • “Intellectual Property and Antitrust Law: Recent Developments in the EU.” Global Competition Law Forum, Kluwer Wolters (Seoul, 25 September 2014).
  • “Antitrust v IP 2.0?” Liège Competition and Innovation Institute (Brussels, 16 September 2014).
  • “Intellectual Property and Antitrust Law: Recent Developments in the EU.” Global Competition Law Forum Asia, Kluwer Wolters (Hong Kong, 27 June 2014).
  • “Injunctive relief and SEPs after the Samsung Article 9 commitment and Motorola Article 102 infringement decisions.” GCR Live 2nd Annual IP & Antitrust (Brussels, 23 June 2014).
  • “Competition Law, IP & Innovation.” International Association of Korean Lawyers (Brussels, 21 June 2014).
  • “Commitments In EU Competition Policy.” 4th BSC-LCII Competition Day (Brussels, 5 June 2014).
  • “FRAND in Asia.” GCR Live: 2nd Annual Law Leaders Asia-Pacific (Singapore, 7 March 2014).
  • “Patent strategies and abuse of dominance: What are the antitrust boundaries?” AIJA Antitrust 2.0 – Competition law and technology (Bruges, 8 February 2014).
  • “Propriété Intellectuelle et Droit de la Concurrence: développements récents dans le secteur des nouvelles technologies.” Conférence PI et Concurrence, Association Française des Spécialistes en Propriété Industrielle de l’Industrie (Paris, 11 décembre 2013).
  • “Patent wars: an assessment of their impact.” Competition Summit 2013, Premier Cercle (Brussels, 6 December 2013).
  • “Muddied Waters: Litigating FRAND-encumbered SEPs in the EU.” Competition Summit 2013, Premier Cercle (Brussels, 6 December 2013).
  • “Participaciones minoritarias en competidores.” 6° Coloquio ForoCompetencia (Buenos Aires, 18 October, 2013).
  • “IP and Antitrust: EU Law Developments.” V Intertic Conference on Antitrust Policy (Rome, 16 May 2013).
  • “IP and Antitrust: EU Law Developments.” IBA 24th Annual Communications & Competition Law Conference (Rio de Janeiro, 30 April 2013).
  • “IPRs and Antitrust – What’s the Proper Relationship?” GCR Live: 2nd Annual Law Leaders Asia-Pacific (Singapore, 14 March 2013).
  • “IP and Competition Law.” IBC Legal Advanced EU Competition Law Conference (Brussels, 27 November 2012).
  • “Abuse of Dominance in Financial Markets.” Annual conference of the Brussels School of Competition (Brussels, 22 November 2012).
  • “Samsung v. Apple: the EU Antitrust Perspective.” Conference organised by the Innovation, Competition & Regulation Law Center of Korea University (Seoul, Korea, 13 November 2012).
  • “Abuse of Dominance in Technology-Enabled Markets: Established Standards Reconsidered.” 11th Conference of the Association of European Competition Law Judges (AECLJ) (Helsinki, 15 June 2012).
  • “Spurring innovation in European Industries: Horizontal Agreements and Innovation.” Reforming Competition Policy, Centre for European Policy Studies (CEPS) (Brussels, 13 March 2012).
  • “R&D and Standards: Patent Cases and Beyond.” Competition Summit 2011, Premier Cercle (Brussels, 1 December 2011).
  • “Radiografia de uma Busca-e-Apreensão.” 17.º Seminário Internacional de Defesa da Concorrência,” IBRAC (Guarujá, Brasil, 26 November 2011).
  • “Standardization Agreements.” Global Competition Law Center: The New Framework for Horizontal Cooperation Agreements (Brussels, 16 February 2011).
  • “Applying Competition Law in the Area of Industry Standards.” Sciences-Po/Howrey Seminar on Competition and Intellectual Property Law,” (Paris, 4 June 2010).
  • “Sunshine enforcement? - Sector Inquiries, Guidelines, Guidance Letters and Inapplicability Decisions.” “Alternative enforcement techniques: A new paradigm of EC competition law?”
  • Conference organised by the Federation of Enterprises in Belgium and the Institute for European Legal Studies of the University of Liège (Brussels, 5 June 2008).

 

  • Brussels School of Competition:
    • Lecturer, EU Competition Law and Intellectual Property, 2013-present

  • IEB:
    • Visiting Lecturer, Competition Law in the EU and in Spain, 2011-2012