Antitrust
Our social market economy is based on the concept that free unimpeded trade between market participants acting in competition is to the wellbeing of all. To give the best possible results, the State should set only the basic framework, leaving the free interplay of market forces to prevail.
The freedom of market participants to compete must also be protected against the imposition of restrictions by the participants themselves; this is the purpose of antitrust law.
Our Spectrum of Advice
The German antitrust law practice group currently consists of eight lawyers advising clients on all aspects of German and European antitrust law. Advice on European antitrust matters may, depending on individual requirements, be given in close cooperation with our European & Competition Law Practice in Brussels. We provide advice to enable our clients to structure their activities in advance so as to avoid conflicts with antitrust laws whilst taking advantage of flexibility afforded by the law.
The dynamic development of the German antitrust law practice group has been widely recognized, with the group being named practice of the year for antitrust 2002/2003 in the well known JUVE Handbook on Commercial Law Firms.
The Main Focus of our Activity is on:
- merger control in Germany, Europe and non-EU Member States, in particular determining in which jurisdictions merger notifications are required, the preparation and implementation of proceedings, negotiating approvals from authorities to meet any antitrust concerns arising in proposed mergers;
- structuring joint ventures, alliances and co-operation agreements in the light of antitrust law constraints in various jurisdictions, utilizing official safe-havens or making use of exemptions and dispensations;
- advising in the creation of distribution concepts and their implementation in national, European and global sales and marketing systems through agents, commission agents or distributors, the implementation of exclusive and selective sales systems, franchise or licensing agreements and distribution through Internet platforms;
- dealing with the civil and regulatory consequences of prohibited behavior, such as obstructions, discriminations or abuses, advising in disputes, including on the application of leniency programs available in various jurisdictions; and
- the implementation of client or industry specific training of employees to alert them to antitrust issues, drawing up appropriate codes of practice and company guidelines (compliance programs), including the implementation of appropriate responses in the course of official investigations.
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