Anti-trust law plays an increasingly important role for nationally and internationally active clients. Inter-company agreements that stand contrary to anti-trust law are legally ineffective and non-enforceable, while also triggering penalties from the national and international competition authorities and damage claims from affected third parties. We offer our clients support to avoid these risks and advise national and international companies in all relevant areas of anti-trust and competition law.
Our advisory services especially include:
- Preparing and facilitating merger control applications before the Federal Cartel Office and the European Commission as well as coordinating international merger control applications with the support of foreign law firms (with whom we cooperate regularly), and the support of companies with requests for information by the cartel authorities within the framework of merger control proceedings of third parties.
- Comprehensive advice on anti-trust law in M&A transactions, in particular reviewing national and international filing obligations and clearance requirements at competition authorities as well as coordinating the merger control application procedure with the timing of M&A transactions (in close cooperation with our Practice Group “Mergers & Acquisitions”). While preparing and executing due diligence, we assess when and to which extent information may be exchanged and which steps may be taken while the clearance decisions of the competition authorities are pending. We draft and negotiate necessary covenants and the relevant anti-trust regulations of sale and purchase agreements (e.g. non-competition clauses, exclusivity agreements).
- Considering anti-trust aspects and obligations when drafting and negotiating contracts, e.g. sales agreements, license agreements, research and development agreements or other co-operation agreements, also taking into account European law.
- Enforcing anti-trust claims (e.g. claims for damages of companies harmed by a cartel) before state courts, arbitration courts or competition authorities in close coordination with our Practice Group “Dispute Resolution”.