We advise clients in relation to:

• merger control issues arising from intended transactions, including:
• analysis of the merger control risks of transactions
• analysis of multijurisdictional merger control requirements,
• the structuring of transactions by reference to the merger control requirements of different countries,
• the coordination of multijurisdictional merger filing requirements and timetabling,
• preparation of and assistance with merger control proceedings
  conducted by the European Commission and German Federal Cartel Office.

We also advise other parties affected by mergers and acquisitions, such as competitors, customers and investors, and represent such parties in merger control proceedings, for example as formal parties to the proceedings or with respect to informal or formal information requests.

In relation to merger control proceedings in other countries, we work alongside specialized partner law firms in the relevant countries and assist them with the proceedings as required.

We advise clients on alliances, cartels and anticompetitive agreements, whether to avoid investigations and proceedings that might otherwise be brought by the European Commission and the German Federal Cartel Office or to respond to such investigations and proceedings.

For example, we:

• advise on the prevention of antitrust and competition law infringements in alliance agreements or other arrangements,
• advise on potential antitrust violations and measures to eliminate them, including the preparation of leniency applications,
• represent clients in proceedings of the European Commission and the German Federal Cartel Office, including in relation to dawn-raids,
• assist with the preparation and implementation of defense measures for companies and individuals affected by proceedings of the European Commission, the German Federal Cartel Office or the State Cartel Offices, as well as the defense of administrative offence and criminal proceedings brought by the public prosecutor,
• defend companies and individuals in subsequent court proceedings before the European and German courts.

We advise on all issues of European and German competition law relating to the alleged abuse of a dominant position.

For example, we:

• assist with analyzing a company’s position in the relevant market,
• advise on the structuring of contracts to facilitate compliance with competition law, for example with respect to rebate systems or sales strategies,
• advise on possible antitrust violations and the implementation of measures to eliminate them,
• represent clients in proceedings of the European Commission or German Federal Cartel Office for alleged abuse of a dominant position including in the context of dawn raids,
• advise other parties affected by a company’s abuse of a dominant position, such as competitors, customers or investors.

We represent clients in their preparation, commencement or defense of claims based on anticompetitive conduct, such as price-fixing, allocation of customers, refusal to deliver or abuse of a dominant position.

We advise and offer comprehensive and tailor-made strategies in relation to:

• claims by customers, suppliers or other affected parties for damages for anticompetitive conduct,
• the project management of such claims, including the analysis of the prospects of the claim, the financing possibilities and the different forms of resolution,
• the enforcement or defense of antitrust claims,
• assisting with the collection of evidence, as well as issuing information requests to the European Commission and the German Federal Cartel Office,
• antitrust mediation proceedings,
• the settlement of antitrust proceedings.

Where an economic assessment is needed, we work alongside specialized and well-respected economic consultants as required.

We create, maintain and support client-specific antitrust compliance programs.

For example, we provide:

• support for the internal detection of antitrust infringements, e.g., through internal audits,
• analysis and detection of possible antitrust risks,
• preparation and training of employees on possible antitrust investigations, including mock dawn-raids,
• preparation of bespoke antitrust compliance systems,
• training for legal departments, compliance officers and employees on antitrust compliance systems,
• reviews of antitrust compliance systems and support for companies that are implementing compliance measures.

Where compliance measures relate to more than antitrust laws, we cooperate with specialized partner law firms as required.

We help clients to avoid vertical and horizontal restrictions on competition and have many years of experience in the development of alliance agreements, research and development agreements, specialization agreements and distribution agreements.

For example, we review and advise on:

• purchasing and distribution agreements,
• distribution structures, such as selective distribution systems, agency agreements, commission contracts, franchising and online distribution systems,
• technology transfer agreements with respect to licensing,
• co-operation agreements between competitors, e.g. with respect to joint purchasing, marketing, research and development as well as specialization,
• antitrust-compliant structures for joint ventures.