FIELDS OF LAW

Antitrust Law

Our antitrust law team provides companies with comprehensive support when it comes to antitrust law challenges. We not only advise on issues relating to day-to-day business, but also start with preventive considerations when designing a strategy. In doing so, we also analyze and review existing internal company rules and regulations and reduce the overall business, legal and, above all, criminal and fine risks for our clients.

We have many years of experience from numerous proceedings before national antitrust authorities, the European Commission and German and European courts. We advise companies, associations and public institutions on the development and implementation of antitrust compliance programs and on the drafting of contracts. We also represent our clients’ interests in cartel fine proceedings and in the assertion of antitrust claims.

In the case of mergers, we examine any notification obligations as well as the chances of antitrust clearance. In close cooperation with our M&A team, we support our clients through all transaction phases – from antitrust issues in connection with due diligence to the conclusion of merger control.

In international proceedings, we involve partners from our network of friendly law firms at an early stage in order to offer seamless advice across national borders.

Our Range of Services

  • Creation, optimisation and updating of antitrust compliance programmes at companies and associations (risk analysis, risk mitigation, incentive systems)
  • Design and support in ad-hoc and event-related antitrust audits with interdisciplinary consulting services
  • Advice on strategic action options (leniency applications, settlement, defence)
  • Staff and management training
  • Preparation of training documents
  • Comprehensive pre-merger control legal advice in conjunction with M&A transactions
  • Development of filing strategies
  • Support in the development of market studies to establish merger feasibility from a merger control law viewpoint
  • Support in merger control proceedings before the German Federal Cartel Office and the European Commission
  • Coordination of international merger control filings with foreign partner law firms
  • Defence of companies and natural persons involved in cartel fine proceedings
  • Review of options to file a leniency application
  • Coordination of international defence strategies with foreign partner law firms
  • Support in raids, design of dawn raid programmes, conduction of mock dawn raids
  • Support in settlement negotiations, objection proceedings or actions for annulment
  • Review and drafting of supply agreements, licence agreements or research & development agreements with regard to antitrust freedoms and restrictions
  • Drafting of contracts and clauses (e.g. on selective distribution, exclusive distribution, and for commercial agents or franchise models)
  • Cooperation agreements (e.g. joint venture agreements, purchasing, development and production agreements, as well as joint distribution agreements)
  • Advice on the antitrust requirements associated with multi and omnichannel sales, particularly with regard to the multiple roles of manufacturers and/or retailers
  • Advice on pricing and terms (price algorithms, price differentiation (spatial/temporal/objective), geoblocking regulation, discount systems)
  • Pursuit and defence of antitrust actions relating to supply claims and cease and desist orders
  • Pursuit and defence of claims for damages in connection with antitrust violations
  • Pursuit and defence of antitrust actions relating to supply claims and cease and desist orders
  • Coordination of international claims pursuit with foreign partner law firms
  • Mobility (rail transport, electric mobility, charging infrastructure)
    • Advice on mobility regulation law, including rail regulation and passenger transportation law, approval procedures
    • Drafting of contracts in the area of regulated mobility, including cooperation agreements and tariff cooperations
    • Advice to networking platforms
    • Advice on procurement, state aid and subsidy law
    • Representation before the courts and authorities
  • Energy (hydrogen, wind energy, gas, electricity)
    • Regulatory law, network access, fee regulation, unbundling
    • Energy supply agreements
    • Concession contracts
    • Legal issues Use of alternative energies, decarbonization and hydrogen