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Areas of law

Antitrust law

Antitrust law is a key issue for companies and associations and must be considered, e.g. , in connection with transactions, cooperations, sales, compliance and many other areas. Violations can result in drastic sanctions. At the same time, antitrust regulations are constantly becoming more complex, which makes it increasingly difficult to avoid serious violations. 

We advise large and medium-sized companies in all areas relating to German and European antitrust law. Our clients include both German and international companies. We represent their interests vis-à-vis third parties, before antitrust authorities and in court. Thanks to close contacts with law firms in other countries, our attorneys are able to reliably implement international projects as well.

We support you in your transactions by

  • reviewing antitrust and foreign trade law reporting obligations
  • planning and conducting merger control proceedings. We also coordinate merger control proceedings in multiple countries in connection with international transactions
  • planning and implementing foreign trade investment control proceedings
  • drafting and negotiating paragraphs in transaction agreements relating to antitrust law
  • examining the antitrust-related risks of the target company and advising on the limits of the exchange of information as well as the use of safeguards such as clean teams in connection with due diligence

We assist you in your cooperations by

  • helping with the structuring of cooperations with competitors and non-competitors under antitrust law, including in the areas of research and development, production, marketing, purchasing or standardization
  • drafting agreements on industrial property rights and know-how, particularly licensing agreements, delimitation agreements and settlement agreements
  • providing market information systems/benchmarking
  • drafting contracts and assisting with contract negotiations
  • providing guidelines for employees on how to comply with antitrust law
  • assessing the admissibility of cooperations under antitrust law
  • establishing joint ventures

We advise on your distribution systems by

  • providing antitrust law advice to manufacturers and trading companies on distribution systems of all types, including selective distribution systems, exclusive distribution, online distribution, commission agent and commercial representative distribution as well as on all other legal aspects of such distribution systems
  • providing assistance with the selection of suitable distribution systems
  • designing distribution systems and discount systems, including for market-leading companies
  • assisting with the design of trading platforms and other online sales models
  • providing support for the roll-out of national and international distribution systems

We support you in connection with compliance issues by

  • performing antitrust risk analyses and audits
  • carrying out internal investigations as required
  • providing assistance with the design of customized compliance measures
  • preparing guidelines and directives
  • offering training and workshops for management and employees from various departments such as sales, purchasing, HR and legal
  • drafting guidelines and offering training on what to do during searches ("dawn raids")

We represent you in sanctioning and administrative proceedings by

  • offering comprehensive representation before antitrust authorities and in court
  • investigating the facts of the case
  • attending searches ("dawn raids")
  • providing criminal law advisement on antitrust violations
  • offering assistance with leniency applications
  • handling complaints of antitrust-law violations by other market participants

We enforce and defend against claims by

  • offering extrajudicial and judicial representation before national courts and arbitration tribunals
  • enforcing claims for damages relating to antitrust law, ranging from offering opinions on the prospects of success and a quantification of the damages in coordination with economic experts to out-of-court negotiations and representation in court
  • defending you against third-party claims for antitrust damages: from determining the defense strategy and coordinating with economic experts to out-of-court negotiations and representation in court
  • providing assistance with other antitrust claims, particularly claims for injunctive relief, delivery or access to data
  • providing assistance in connection with other legal disputes relating to antitrust law
Reference assignments
  • Creation of international selective distribution systems in various industries (including consumer goods, electrical tools, medical devices), assistance with the implementation of such systems, including negotiations with contractual partners
  • Preparation of antitrust law self-assessments on various cooperations, e.g., on the cooperation of two competitors in the field of research and development with regard to alternative drive technologies
  • Comprehensive antitrust law consulting services on the dissolution or restructuring of various joint ventures following the German Federal Cartel Office’s sector inquiry into ready-mixed concrete
  • Periodic assistance with merger control proceedings as the notifying party or in the interest of another market participant before the German Federal Cartel Office and the European Commission, including a successful prevention of a prohibition in a main review procedure of the German Federal Cartel Office, and a successful appeal against a merger in the context of European Commission proceedings in order to obtain conditions in our client client’s favor.
  • Representation of companies in investment review proceedings subject to foreign law carried out by the German Federal Ministry of Economics, including applications for the issuance of a clearance certificate, compliance with a reporting obligation
  • Judicial enforcement of antitrust damages claims due to the refusal of a dominant company to supply
  • Judicial and extrajudicial enforcement of antitrust claims for damages brought by customers of various cartels
  • Declaration of enforceability relating to a foreign arbitral award in Germany against antitrust law objections by the debtor with an amount in dispute of more than 100 million euros
  • In-house training courses on antitrust law, e.g., a series of small group training courses for the client’s sales staff in Germany and other EU countries in German and English

Specialists

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Dr. Martin Beutelmann, LL.M.

Partner

Attorney-at-law (Germany)

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Hendrik Howaldt

Attorney-at-law (Germany)

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Dr. Roman Wexler-Uhlich

Partner

Attorney-at-law (Germany)

Know-how

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