Nationality: Argentina
Former employer: DG Competition (for 6 years), Case-handler
Date: March, 2011
New employer: Avisa Partners , Associate director on competition
“I regret that you have not introduced your request for authorisation in accordance with the provisions of Article 16 of the Staff Regulations. The Appointing Authority gives you its approval to carry out this activity, as described in your request, on condition that you will avoid any situation of conflict of interest in your new function, particularly you will abstain from dealing with cases on which you have worked in the frame of your functions at DG Comp, and more particularly on the cases listed in the attachment”. Attachment lists many cases including Sumitomo Chemicals/ Itochu Corporation/ Tokyo INK Manufacturing Company/ AK&N.
“Asbo has a profound understanding of all aspects relating to mergers and acquisitions, especially in the environmental, energy, chemicals and IT sectors, due to his experience within the Merger Network at DG Competition. In addition, he worked at DG Competition in antitrust and regulation in the telecoms and postal sectors” (Source: European Agenda)
“Mr Asbo failed to apply for authorisation when he took up his new job at Avisa Partners, as he was required to do under Commission rules. The Commission only learned about this revolving door case when CEO asked for the documents relating to the authorisation of Mr Asbo's job at Avisa Partners in September 2011. At this point, the Commission apparently asked Mr Asbo to seek authorisation by completing the necessary form. After having received the form, the Commission approved Mr Asbo’s new job under the condition that he would abstain from dealing with cases on which he worked at DG Competition and they provided a list of cases. No sanctions were applied to Mr Asbo’s failure to obtain authorisation before starting his new post. Avisa Partners has assured CEO that Mr Asbo has not and will not work on any cases that he has dealt with at the Commission. Avisa stresses that since March 2010 they have not been doing lobbying consultancy work for Sumitomo Chemicals, one of the companies that Mr Asbo was banned from working for, even when at the time of writing (early December 2011) Avisa Partners' declaration on the EU's transparency register (last updated April 2011) lists Sumitomo Chemicals as a client. Furthermore, Avisa states that they never worked for Sumitomo on a competition case, and never approached that company with a view to assisting them on a competition case, either before nor after the arrival of Mr Asbo. It is not clear to CEO how the Commission will ensure monitoring and enforcement of the conditions placed on Mr Asbo to prevent any risk of conflicts of interest, and CEO has written to the Commission about this case. CEO considers that a full two-year cooling off period or ban on accepting such a post would be far more effective in preventing potential conflicts of interest.”