Dr. Nikos Th. Nikolinakos

Dr. Nikos Th. Nikolinakos has worked as legal advisor on various corporate, commercial, administrative and civil law issues, focusing to a significant extent on the TMT and energy sectors. His practice includes corporate/commercial litigation and arbitration and he serves as general counsel for corporations and organizations across a variety of industries.

He divides his specialised practice between regulatory and policy advice in the TMT and energy sectors on the one hand, and EU/national competition law and IP rights advocacy and compliance on the other. In particular:

Nikos advises clients (Governments, National Regulatory Authorities and market players) on every aspect of telecommunications, media and technology regulation, with emphasis on Access and Interconnection Regulation (Fixed and Mobile); Broadband Regulation; Licensing; Regulated Access to Next Generation Access networks (sector-specific regulation and competition law); Radio Frequencies (spectrum) Regulation; Data Protection, Privacy and Security; Digital Broadcasting; On-line Content Regulation; New Media; Media and Entertainment; Pay-TV (IPTV); Software Licensing; Electronic Commerce; Technology Contracts & Outsourcing; Hardware, Equipment & Devices; Systems Development & Integration.

Nikos works in all areas of energy-related regulatory, legislative, transactional/corporate and litigation matters. He represents energy companies before the relevant Regulatory Authorities/agencies in all aspects of regulatory matters. He also represents a diverse group of clients regarding mergers and acquisitions of energy and natural resource companies. His services also include representation in connection with the structuring, development, building, financing, acquisition or sale of energy and infrastructure projects. He has also developed a particular strength in structuring renewable energy projects and has handled an increasing number and variety of deals for clients in the renewable energy sector.

His competition law work includes merger control, state aid, the defence or prosecution of actions for the abuse of a dominant position and advisory work relating to agreements and arrangements, including distribution and licensing practices. He has litigated, inter alia, claims of alleged refusals to deal, price discrimination, monopolization and market dominance, predation, leveraging, bundling, tying, exclusive dealing, vertical and horizontal price fixing.

Nikos’ intellectual property practice consists primarily in advising clients on the interface between intellectual property rights protection and competition law, especially as regards innovative products and services. He has also extensive experience successfully representing a wide range of clients in major trade secret, trademarks, copyright, media and other complex commercial litigation matters. In addition, he focuses on patent litigation for clients in the computer, software, telecommunications, life science, and medical device industries.

Prior to founding this Firm, he held the post of the General Counsel – Director of Legal & Regulatory Affairs for a major fixed telecoms operator and internet provider in Greece. He also filled senior positions and consulting roles in various projects. Indicatively, he served as a senior legal/regulatory counsel to the Hellenic Ministry of Transport & Communications, to the Office of the Commissioner of Electronic Communications and Postal Regulation (OCECPR) of Cyprus, to Ministries and National Regulatory Authorities across ten North African and Middle Eastern countries (NATP-II – MEDA, for the European Commission), and was involved in major studies undertaken for the European Commission.

Nikos also held the position of the senior legal advisor to the Telecommunications & Post Commission of Greece (EETT), responsible for competition law and regulatory policy/compliance. He also participated as a senior advisor and draftsman in every aspect regarding the transposition of the EU electronic communications regime into national law (in Greece and Cyprus). Moreover he co-operated (and still co-operates) with the Brussels office of a major U.S. law firm, mainly on competition law and electronic communications issues.He also co-operates with WIK Consult GmbH (Wissenschaftliches Institut fόr Infrastruktur und Kommunikationsdienste) regarding the application of competition law and regulation in various electronic communications projects.

He lectures and writes regularly on issues relating to the application of EU competition law and ex ante regulation in the converging telecommunications, media and IT sectors. Since 2006 he has been a Lecturer at A.I.T. (Athens Information Technology Center) on Competition Law, IP Rights and Electronic Communications Policy and Law. Since 2005 he has been a Visiting Lecturer in electronic communications regulation and policy at NTUA (National Technical University of Athens, post-graduate degree on Internet Technology and Broadband Networks).

Since January 2005, he is the Greek Correspondent for C.T.L.R. (Computer & Telecommunications Law Review, Sweet & Maxwell Publications). Since June 2009, he is the National Contributor to Oxford University Press – online service of EU and national competition law cases. His book “EU Competition Law and Regulation in the Converging Telecommunications, Media & IT Sectors” (Publisher: Kluwer Law International / Aspen Publications, pp. 690) was published worldwide in July 2006.

Selected Publications:
Book: EU Competition Law and Regulation in the Converging Telecommunications, Media & IT Sectors, July 2006, pp. 690, price: $ 218 / € 170. Publisher: Kluwer Law International / Aspen Publications.

Refereed journals:

• “Application of Competition Law in the Greek Telecoms Market”, [2009] 7 C.T.L.R. (Computer and Telecommunications Law Review, Sweet & Maxwell Publications)
• “EU Competition Law on Access to Premium Content: The Emergence of New Media”, [2005] 1 C.T.L.R.
• “Mergers and Strategic Alliances in the Emerging Multi-Media Sector: The EU Competition Policy”, [2004] 2 E.C.L.R. (European Competition Law Review, Sweet & Maxwell Publications)
• “Bitstream Access Policy in the EU Electronic Communications Sector – Application of ex-ante Regulation and Competition Law”, (with Dr. S. Polykalas and D. Kouvelou) [2004] 2 C.T.L.R.
• “The New EU Authorisation Directive for Electronic Communications Networks and Services”, (with Dr. Irene Nikiforaki) [2003] 6 C.T.L.R.
• “Promoting Competition in the Local Access Network: Local Loop Unbundling”, [2001] 7 E.C.L.R.
• “The New European Regulatory Regime for Electronic Communications Networks and Associated Services: The Proposed Framework and Access/Interconnection Directives”, [2001] 3 E.C.L.R.
• “Proposal for a Directive on the Authorisation of Electronic Communications Networks and Services: The New European Licensing Framework”, [2001] 2 C.T.L.R.
• “Encouraging Competition and Innovation in the Local Market: The Issues of Cross-Ownership and Business-of-Line Restrictions”, [2001] 1 E.C.L.R.
• “The New Legal Framework for Digital Gateways – The Complementary Nature of Competition Law and Sector-specific regulation”, [2000] 9 E.C.L.R.
• “EU Radio Spectrum Policy in the Converging Environment”, [2000] 6 C.T.L.R.
• “The Importance of Maintaining Competition in the Internet Market: The WorldCom/MCI case”, [2000] 8 E.C.L.R.
• “Nature and Scope of Content Regulation for On-Line Services”, [2000] 5 C.T.L.R.
• “Strategic Alliances in the Pay-TV Market: The TPS case”, [2000] 7 E.C.L.R.
• “EU’s Harmonisation Measures on the Use and Allocation of Radio Spectrum”, The Utilities Journal, Oxford Economic Research Associates (OXERA), May 2000
• “Access Agreements in the Telecommunications Sector – Refusal to Supply and the Essential Facilities Doctrine under E.C. Competition Law”, [1999] 8 E.C.L.R.