European Competition Litigation

Dr. Thomas G. Funke is the co-head of the competition practice at Osborne Clarke. He advises on antitrust litigation, cartel investigations and digital antitrust.

The European Commission retained Thomas to defend its E.ON/Innogy and RWE/E.ON merger clearances against sixteen third-party challenges in the General Court of the European Union. In the European Court of Justice and the German Supreme Court, Thomas secured decisions in Hydrogen Peroxide (C-352/13), Akzo v Commission (T-345/12), CDC v Commission (T-437/08) and the BGH Coffee Roaster litigation. He supported Microsoft in high-stakes damages litigation and represents Deutsche Bahn in one of the largest German follow-on actions against the members of the European trucks cartel.

Thomas successfully defended industry leaders in European Commission cartel investigations, including a global automotive component supplier, a leading German retail group, an online payments provider and a digital champion from North America. Thomas also represented leniency recipients and negotiated settlements with the Bundeskartellamt. He has published on the EU block exemptions, antitrust procedure, energy regulation, vertical restraints, merger control and digital antitrust.

“A great antitrust litigator and a pre-eminent figure in European cartel investigations” (WWL)

DAVID SMUTNY

Associate General Counsel, Complex & Competition Litigation

Microsoft Corporation

David currently leads Microsoft’s global competition litigation matters. Prior to assuming this role in October of 2023, David led Microsoft’s global M&A regulatory and competition work, including oversight of Microsoft’s proposed $69 billion acquisition of Activision Blizzard, Inc., which has involved regulatory processes in more than a dozen jurisdictions, extensive proceedings in the UK and EC, and a preliminary injunction trial and appeal against the Federal Trade Commission in the US.

David has over 30 years of antitrust regulatory and litigation experience spread across government, law firm and in-house positions, primarily in the areas of technology, telecommunications, media, and entertainment. Before joining Microsoft in September 2021, David spent five years at AT&T, where he worked on a variety of M&A matters and antitrust investigations, including the regulatory review, litigation, trial and appeal in U.S. v. AT&T, Inc. and Time Warner, Inc.

Previously, David was a partner at Orrick, Herrington & Sutcliffe LLP and a Shareholder at Heller Ehrman LLP, representing clients in antitrust litigation and regulatory matters in the technology, telecommunications, retail products and oil/gas industries. David began his career in the U.S. Department of Justice, Antitrust Division, and spent much of the 1990s managing merger and civil conduct investigations and litigation, including cross-border matters like Worldcom/Sprint and Worldcom/MCI.

Jessica has a Bachelor’s Degree from McMaster University in Art History, Criticism and Conservation. A seasoned event and marketing manager, she has executed live engagements globally in the legal, technology, financial, not-for-profit and consumer products industries for many of the world’s leading organizations. Prior to joining Cambridge Forums, Jessica worked in conference management, specializing in executive events for C-Suite executives, Board members and VIP clients. A fluid communicator, Jessica utilizes her leadership skills and passion for creating flawless participant experiences as a Forum Director, focusing on programs in private wealth and antitrust. A food & wine aficionado, Jessica is also accredited with the Wine and Spirit Education Trust (WSET) Level 2 Award in Wine & Spirits. When she’s out of the office, Jessica enjoys hot yoga, skiing and travel.